Minor car accident followed by "injury"- Advice?
Discussion
A friend of mine recently (last week) had a car accident. An F Reg Nova pulled in front of her approaching a clear roundabout and jammed on the brakes. She swerved and braked but just clipped (at about 5mph) the back of the Nova, smashing a tail light but causing virtually no damage to her own bumper. The woman she hit didn't seem too worried, didn't want to involve insurance so they agreed to sort it out between themselves, without admitting liability etc.
Now, the woman's boyfriend started phoning up demanding £1000 as that is what the Nova was insured for and he was convinced insurance would give him that value regardless of the condition. He was offered £200 but kept calling, making my friend uncomfortable and eventually was reported for harassment (crime number given etc.)
Yesterday, a solicitor's letter pops through the door demanding damages for "personal injury and loss" and asking to be sent to her insurance company. Now, the woman she crashed into didn't contact the police at the time, neither did my friend, there were no witnesses and the woman was uninjured.
What should she do, as I think someone has obviously had a word with this woman and she is after a bit of no win no fee, or it may even be a scam from the way my friend described the other party's driving.
Should she:
Just ignore the letter given that there is no evidence?
Pass details to ins. co and lose no claims etc?
Launch a counter claim for personal injury to this other woman's insurance co?
Launch claim for harassment directly to the woman/boyfriend with the intention of making them drop their existing claim?
Sorry for the long post but I want to give you all the facts as I'm aware of them.
Now, the woman's boyfriend started phoning up demanding £1000 as that is what the Nova was insured for and he was convinced insurance would give him that value regardless of the condition. He was offered £200 but kept calling, making my friend uncomfortable and eventually was reported for harassment (crime number given etc.)
Yesterday, a solicitor's letter pops through the door demanding damages for "personal injury and loss" and asking to be sent to her insurance company. Now, the woman she crashed into didn't contact the police at the time, neither did my friend, there were no witnesses and the woman was uninjured.
What should she do, as I think someone has obviously had a word with this woman and she is after a bit of no win no fee, or it may even be a scam from the way my friend described the other party's driving.
Should she:
Just ignore the letter given that there is no evidence?
Pass details to ins. co and lose no claims etc?
Launch a counter claim for personal injury to this other woman's insurance co?
Launch claim for harassment directly to the woman/boyfriend with the intention of making them drop their existing claim?
Sorry for the long post but I want to give you all the facts as I'm aware of them.
kevinday said:
IIRC all RTAs/RTCs are reportable. Your friend needs to get down the local police station sharpish and explain the situation to the police. Is there any evidence of lack of damage/injuries such as photos, written agreement or similar?
No, there was nothing written down
we could photograph the front of her car which suggests that the accident ocurred at very low speed but thats about it I'm afraid.as for asking £1000 for an F reg NOVA LMAO jeez what planet is this person on?
surely a new light unit would be worth more than the rest of the poverty shopping trolley it is to be fitted to.
a wise idea might be to sneak round and take pictures of the damaged parties vehicle, just for reference, and for your insurance company to appraise should the need arise.
surely a new light unit would be worth more than the rest of the poverty shopping trolley it is to be fitted to.
a wise idea might be to sneak round and take pictures of the damaged parties vehicle, just for reference, and for your insurance company to appraise should the need arise.
Erm hang on - she didn't report the accident to the police, or her insurance company (the Nova that is), and she has employed a solicitor?
Where is the evidence then? Its her word against yours. My advice is to visit a proper solicitor (not an ambulance chaser) and send them a threatening letter back. They're scum. Let them waste their money, they have no evidence.
Where is the evidence then? Its her word against yours. My advice is to visit a proper solicitor (not an ambulance chaser) and send them a threatening letter back. They're scum. Let them waste their money, they have no evidence.
Smells like an ambulance chaser. Your friends insurance company will stipulate that they must be informed of all potential liabilities. If thsi escalates and it might the insurance coy may decline the cliam on the basis you havent given them an early opportunity to mitigate loss.
My cleaner did the exact thing, got the neck brace and and the circus clown doctors report
ps If you ignore a lawyers letter they can get summary judgement on the basis you havent contested it. Give it to your insurance coy and make a statement at the plod office
My cleaner did the exact thing, got the neck brace and and the circus clown doctors report
ps If you ignore a lawyers letter they can get summary judgement on the basis you havent contested it. Give it to your insurance coy and make a statement at the plod office
Witnesses - in your vehicle, in the other???
Better still any independent?
None on your side and some on his doesn't bear well.
I would consider letting your Insurance Co deal with all matters as it sounds as if this could get dirty and refer any callers to that fact.
Also, as whiplash (an injury) is not always apparent until well after the impact, then as injury involved in an accident to another then there is an obligation to give Insurance details. Failure to do so an offence. So as a precaution visit your local BiB shop with your Insurance and explain circumstances. They may or may not raise an accident report and if not ask them to create an Incident Log (you need the reference No) so that should the other person make a similar report then you are covering your back against any prosecution for failing to give Insurance details.
DVD
Better still any independent?
None on your side and some on his doesn't bear well.
I would consider letting your Insurance Co deal with all matters as it sounds as if this could get dirty and refer any callers to that fact.
Also, as whiplash (an injury) is not always apparent until well after the impact, then as injury involved in an accident to another then there is an obligation to give Insurance details. Failure to do so an offence. So as a precaution visit your local BiB shop with your Insurance and explain circumstances. They may or may not raise an accident report and if not ask them to create an Incident Log (you need the reference No) so that should the other person make a similar report then you are covering your back against any prosecution for failing to give Insurance details.
DVD
Dwight VanDriver said:
Witnesses - in your vehicle, in the other???
Better still any independent?
None on your side and some on his doesn't bear well.
My friend was driving alone and the other woman was alone as well. There were no independant witnesses. Am I being cynical when I imagine this other woman will, by now, have a busload of "independant" witnesses? Would there be any point in initiating proceedings on the grounds of the harassment?
Don't pay out. Get your insurance company involved. I once rear ended at very very low speed an ancient Fiesta. We both got out and looked at the cars and neither was damaged but he insisted on having my details anyway. Next thing I know, I get a letter from him saying that I've done £700 worth of damage to a W reg (first time round!) Fiesta.
I contacted my insurance company and told them I strongly believed he was trying to pull a fast one and they threw his claim out after they'd inspected the car.
I contacted my insurance company and told them I strongly believed he was trying to pull a fast one and they threw his claim out after they'd inspected the car.
Your friend cannot report the matter to the police now. She is too late!
If any obligations are not complied with, then she must report to a police officer or Police Station as soon as practicable but in any case within 24 hours
It sounds as though she complied with obligations at the time regarding names/addresses etc.
She has an obligation to inform her insurance company whether she decides to claim from them or not.
If she hasn't told them, she should do so NOW!
Having told them, she should then forward any legal correspondance from the 3rd party to the insurance company. That is what she pays her premiums for!
Tell her not to get overly worried about this. It is not unusual for this sort of thing to happen weeks after the collision.
DO NOT BE BROW BEATEN INTO PARTING WITH CASH because of solicitors letters or threats! If you are threatened, go to the Police and report it.
1. At worst it could be Blackmail
2. At least it is Harassment!
If any obligations are not complied with, then she must report to a police officer or Police Station as soon as practicable but in any case within 24 hours
It sounds as though she complied with obligations at the time regarding names/addresses etc.
She has an obligation to inform her insurance company whether she decides to claim from them or not.
If she hasn't told them, she should do so NOW!
Having told them, she should then forward any legal correspondance from the 3rd party to the insurance company. That is what she pays her premiums for!
Tell her not to get overly worried about this. It is not unusual for this sort of thing to happen weeks after the collision.
DO NOT BE BROW BEATEN INTO PARTING WITH CASH because of solicitors letters or threats! If you are threatened, go to the Police and report it.
1. At worst it could be Blackmail
2. At least it is Harassment!
chris watton said:
Disposable camera in the glovebox...just in case.
I have just upgraded my phone to a camera phone for just that purpose!, I despair at the lengths (and depths) some people will go to for a potential false compensation claim and pocket money they don't deserve
Probably not admissable as evidence I'm afraid.
Mr E said:
DeltaFox said:
Disposable camera in the glovebox...just in case.
I have just upgraded my phone to a camera phone for just that purpose!, I despair at the lengths (and depths) some people will go to for a potential false compensation claim and pocket money they don't deserve
I kow, but at the very least you could snap the damage (if any!) and number plates.
Probably not admissable as evidence I'm afraid.
Mr E said:But it does tend to put the wind up the other party and militates against wrongful claims ("bodily pain and suffering" notwithstanding [and please don't think there's a pun there!]) - Streaky
Disposable camera in the glovebox...just in case.
wolves_wanderer said:
Is it likely the ins. co. will just settle as it is less effort for them than to fight it?
Insurance companies quite like their money, and this type of insurance fraud is on the increase.
If you and your girlfriend both state that there was no damage (or whatever there was), and state you believe they are fraudulently claiming I'm confident the ins. company will make efforts to nip this type of behaviour in the bud.
As the 'crash' seemed almost deliberate (or at the least DWODCAA) you might want to report it to the pol station, insist on getting a case number and give that to them to.
Good Luck.
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