Being persued for an Accident that I was not involved in!
Being persued for an Accident that I was not involved in!
Author
Discussion

M@H

Original Poster:

11,298 posts

302 months

Friday 10th November 2006
quotequote all
Chaps,

This one isn't mine, I am posting it for a chap who works with me who is in a spot of bother (hereafter called DP).

Bare bones:

DP hears in September via his insurance company that someone has put a claim in against him for damage to their car in a Carpark. Apparently his car in some manner damaged theirs and then drove away without stopping (one assumes reversed into it or something)

DP tells his insurance company he has no knowledge of the incident, wasn't there etc, and indeed there is no damage to his vehicle either anyway so no-one else "did it" with his car.

DPs insurance company get back to the the claimants insurance company informing them of this.

This month: Legal Assistance company "Angel Assistance" (they are the "legal cover" on your car insurance) are writing threatening court proceedings if DP does not provide his insurance company with a completed claim form for the accident.



I have suggested he writed back to AA with a polite censored off I wasn't there however thought I would canvass the great and the good on here for a proper sound bit of advice.

Anyone

Many thanks,
Matt.

Edited by M@H on Friday 10th November 13:51


Edited by M@H on Friday 10th November 14:36

fidgits

17,202 posts

259 months

Friday 10th November 2006
quotequote all
I think he's okay - he can just say he wasnt there, his car was not involved in any RTA, has suffered no damage..

I'm pretty sure they will have to prove that his car was there to be able to take it to court (CCTV, multiple independant witnesses)

M@H

Original Poster:

11,298 posts

302 months

Friday 10th November 2006
quotequote all
My initial thoughts too.. my only concern is some people's ability to "produce" a mystic independent witness after the event who agrees entirely with their version of events..?

The only other fly in the ointment is that he really wants to avoid being taken off to the small claims court as that would be a day off work.. as he's a contractor thats a lost days wages. Can the Small Claims court chuck stuff like this out beforehand or would he have to go ?

Edited by M@H on Friday 10th November 13:55

tigger1

8,478 posts

251 months

Friday 10th November 2006
quotequote all
Can he prove where he *was* at the time? I know we're innocent until proven guilty, but if you can get in first and prove innocence...and then put in a complaint of harrasment to the local BiB.

jwo

989 posts

279 months

Friday 10th November 2006
quotequote all
M@H said:
My initial thoughts too.. my only concern is some people's ability to "produce" a mystic independent witness after the event who agrees entirely with their version of events..?

The only other fly in the ointment is that he really wants to avoid being taken off to the small claims court as that would be a day off work.. as he's a contractor thats a lost days wages. Can the Small Claims court chuck stuff like this out beforehand or would he have to go ?

Edited by M@H on Friday 10th November 13:55


..and so can DP!

M@H

Original Poster:

11,298 posts

302 months

Friday 10th November 2006
quotequote all
jwo said:
M@H said:
My initial thoughts too.. my only concern is some people's ability to "produce" a mystic independent witness after the event who agrees entirely with their version of events..?


..and so can DP!


DP however is a fine upstanding member of society and wouldn't stoop to that sort of tactic.

M@H

Original Poster:

11,298 posts

302 months

Friday 10th November 2006
quotequote all
Anyone any comment on the Small claims court procedure.. have you got to attend regardless..?

tigger1

8,478 posts

251 months

Friday 10th November 2006
quotequote all
M@H said:
Anyone any comment on the Small claims court procedure.. have you got to attend regardless..?


No idea - but if he can prove where he (and the car) were at the time of the incident then he should tell his own insurance company this and tell the other insurance company he will be reporting them for harrassment as there is zero evidence that he or his vehicle were there.

tyre_tread

10,692 posts

246 months

Friday 10th November 2006
quotequote all
M@H said:
Anyone any comment on the Small claims court procedure.. have you got to attend regardless..?


A tactic that he could employ - although I'm not sure it would work - would be to issue a counterclaim (all part of the same process claiming non involvement and claiming costs for time off work to attend court to defend against an incident that he was not involved in.

Ring the Court and speak to one of the Clerks and explain the situation openly and honestly and ask if you can claim against the claimant for costs.



off_again

13,917 posts

264 months

Friday 10th November 2006
quotequote all
All sounds a little suspicious to me....

Bounce it back and tell them to stuff off - if DP can get some evidence of not being there then even better. Credit card statement? Phone records? Access to office records? That will get them running away, but otherwise they have to prove that DP was there and it was there car - otherwise we could all make fraudulent claims against each other and make a fortune....

Accident Management companies - scumbags the lot of 'em

eccles

14,402 posts

252 months

Friday 10th November 2006
quotequote all

HiRich

3,337 posts

292 months

Friday 10th November 2006
quotequote all
M@H said:
I have suggested he writed back to AA with a polite censored off I wasn't there however thought I would canvass the great and the good on here for a proper sound bit of advice.


I would suggest the polite letter, but subtly different phrasing.

1) What evidence is there that his car was there?
- CCTV (please send stills)
- Eye witness (please send exceprts from witness statements with any vehicle description)

2) What evidence is there that his car was not there?
- It sounds like he has already considered this at it's most basic level.
- He should start searching for a provable alibi - phone, credit card, etc.
Either provide it to AA, or state that he is searching his records and will advise (once they have proven 1)

Send a letter, registered if he wants, copy to his insurers.

CaptainSlow

13,179 posts

242 months

Friday 10th November 2006
quotequote all
I was in exactly the same situation a couple of years ago. Luckily for me my place of work had recently installed an anpr system on the carpark gates which took digital pictues on entry and exit. I could send these of to my insurance co and all was well.

Do you think these claims might be fraudulent?

onedsla

1,135 posts

286 months

Friday 10th November 2006
quotequote all
A possible case of cloned numberplate? That could be a bit more tricky if genuine independent witnesses are involved.

off_again

13,917 posts

264 months

Friday 10th November 2006
quotequote all
onedsla said:
A possible case of cloned numberplate? That could be a bit more tricky if genuine independent witnesses are involved.


Not sure if this has been mentioned - but is the make, model and colour of the car correct? I mean, if they cannot come up with the fundamentals then they are out of the picture to start with.

A friend a few years ago had a major issue in that his credit cards and car reg were cloned - took a bit of hassle to figure out, but when they put his reg no on a Vauxhall Astra and he had a Citroen Saxo, well it was pretty clear that it wasnt him....

anniesdad

14,589 posts

268 months

Friday 10th November 2006
quotequote all
off_again said:
All sounds a little suspicious to me....

Bounce it back and tell them to stuff off - if DP can get some evidence of not being there then even better. Credit card statement? Phone records? Access to office records? That will get them running away, but otherwise they have to prove that DP was there and it was there car - otherwise we could all make fraudulent claims against each other and make a fortune....

Accident Management companies - scumbags the lot of 'em


I'm just wondering if you would care to alter your post at all, as I'm extremely irked by this remark. I'm sure that a number of PHers could vouch for me and my company.

FYI, Angel Assistance are part of the Helphire group of companies, a Public Limited Company.

Wings

5,970 posts

245 months

Friday 10th November 2006
quotequote all
I found myself in similar situation some years ago. I had driven down and parked up in a snow covered steep hill, when driving off my vehicle slid into, very slightly, another car's bumper. I continued down the hill, parking up and then going back to knock on doors to report the slight collision. The vehicle's owner inspected his vehicle, thanked me and agreed no damage, although I exchanged my details.

Two months later I received a claim's letter from the above driver's insurance company, requesting details of my insurance company, since his vehicle had been writtened off in the accident. I told them their client was a liar, and they would not be given my insurance companies details. They managed to find out who insured my vehicle, and my own insurance company requested details from me, I said NO, explaining that is was only a fairly slight tap to the other driver's bumper, and that I must be allowed to deal with it.

Later I received a visit from a representative of the other driver's insurance company, very agresive and threatening, I told them to take me to Court, never heard no more. Found out the other driver (married) was having a bit on the side, so I phoned him at home to ask if he would like his wife to find out, perhaps that was why I never heard no more.

Wings

5,970 posts

245 months

Friday 10th November 2006
quotequote all
In a small claims court case, both sides would be expected to attend, for the one who did not attend would loose the case by default. The winning party would be allowed to claim costs and damages, and being under the civil head of legislation much easier to defend against.

Kinky

39,944 posts

299 months

Friday 10th November 2006
quotequote all
This is an interesting question.

Lets say on your way home tonight you stop off at Waitrose/Sainsburys/etc and pop in to buy some beer/food/etc.

Then you get this claim a few weeks later for this accident in said car park.

You were there at the time of the alledged incident - no disputing that. 'Independent' witnesses saw the accident. Where do you stand?

I can't believe this could progress as is. If so, every undesirable would be at it.

K

Raify

6,556 posts

278 months

Friday 10th November 2006
quotequote all
anniesdad said:
off_again said:
All sounds a little suspicious to me....

Bounce it back and tell them to stuff off - if DP can get some evidence of not being there then even better. Credit card statement? Phone records? Access to office records? That will get them running away, but otherwise they have to prove that DP was there and it was there car - otherwise we could all make fraudulent claims against each other and make a fortune....

Accident Management companies - scumbags the lot of 'em


I'm just wondering if you would care to alter your post at all, as I'm extremely irked by this remark. I'm sure that a number of PHers could vouch for me and my company.

FYI, Angel Assistance are part of the Helphire group of companies, a Public Limited Company.


Quite. Perhaps off_again is confusing Accident management companies with the ambulance-chasing "where there's blame there's a claim" types.

I've used a certain accident management company based on recommendations from other PHers. It was the best thing I've ever done. No-one was scammed, no-one claimed for anything that didn't happen. The claim was just resolved a meeeeeeelion times quicker than any insurance company. Everyone wins.

Aren't Angel Assistance only acting based on a claim 'someone' has submitted? The scumbag is:

a) the person making a fraudulent claim
or
b) the person who cloned the plate