bogus car accident claim

  aztec2k 06:10 17 Mar 2008

I recieved a letter a couple of months ago from my car insurance firm saying that someone has made a claim against me that i had hit their car and also claiming £5000 in injurys. The problem is i did not have any accident at all. I explained to my insurance company that there must be some mistake as it was not me and that my car has not even got a scratch on it. This person still says it was my car. It has gone to the stage where we have to go to court to settle this matter. Has anyone been in this situation if so any tips on how to solve this matter. I find it really unfair that someone making a bogus claim like this in which if he wins would increase my premiums for something i did not do. this person also somehow managed to get my name which has puzzled me but no address. Please help.

  octal 06:41 17 Mar 2008

Get some more details off the insurance company, like for instance where the alleged accident was supposed to have happened and the time and date and if there are any witnesses, then you will be able to prove exactly where you were at the time of the accident, although last time I looked you are still innocent until proven guilty so you shouldn't really have to prove your innocence in this country, it might be worth finding out for your own peace of mind. Your insurance company should be able to supply legal aid for you as well, which will be in their interests as much as yours because they are the ones who are going to have to pay out.

If what you say is true and it is bogus it will all come out in court and the other party will have some explaining to do to the court, of course it might be all a mistake in which case it will come out anyway, especially as there is no damage to your car.

One question, was it the other party claiming direct to your insurance company or was it their insurance company claiming on their behalf?

  STREETWORK 07:18 17 Mar 2008

If this goes to court then it is more likly to be settled on the 'probibility' factor. That is to say the 'judge' will weigh the case on the liklihood that the claim is bogus or not, a balance of reasonableness.

I do not understand why your own insurers are not acting on this...

  Quickbeam 09:02 17 Mar 2008

This happens quite a lot with HGVs. Someone thinks they'll claim for some damage caused elsewhere because they aren't insured fully comp. They get found out easily because of the degree of record keeping required for commercials.

To get away with it, they will probably get a 'friendly witness' to lie. You need to know what kind of damage is being blamed on you. I once had a lying rep claim I had cut him up in a truck, but the damage movement went in the wrong direction for his claim which was dismissed.

There's a lot of un/under-insured drivers out there. Always take a picture if you can at the scene. They don't think clearly at the time whether their lie on the claim form can be found out.

Also, it's worth paying extra to protect the no claims earned, at least if they do get away with it, you don't lose that.

  wee eddie 11:17 17 Mar 2008

Your Car Number has been cloned.

Get the Date, Time and Place, and try to find proof of where you were at that time.

  HondaMan 11:22 17 Mar 2008

Also try to get a copy of the police report

  HondaMan 11:26 17 Mar 2008

Also refer the matter to your own insurance co. That's part of what your premium covers. Pass it to them with a letter saying that you have no knowledge of the accident.

This looks like a try-on, but I agree with wee eddie, that it looks like a numberplate cloning job!

  beynac 11:49 17 Mar 2008

A few years ago, my father-in-law was accused of knocking someone off a motorbike (no contact between vehicles). Police were considering charging him for leaving the scene. He had no knowledge of the incident but had been at the place it was alleged to have occurred. He was adamant that he hadn't pulled out in front of any motorbike. It is almost impossible to prove that something didn't happen. Saying "I didn't see any motorbike at the roundabout" didn't exactly help his case! This chap did have a 'witness'.

My father-in-law got a solicitor to fight it for him. It then turned out that the 'victim' and his 'witness' had both made similar allegations before! I am sure that he would have been in trouble if he hadn't involved a solicitor. His insurance company weren't interested - he felt that they would have paid out just to settle the matter.

  lotvic 12:54 17 Mar 2008

as per wee eddie has said:

"Get the Date, Time and Place, and try to find proof of where you were at that time."

you need a cast iron alibi and witness to prove that You and Your CAR were somewhere else at the time so that there is no room for doubt

  lotvic 12:57 17 Mar 2008

also as per Octal said
(sorry Octal nearly missed you out - very sound advice in your post)

  peter99co 13:28 17 Mar 2008

A friend of mine saw a man in some distress in a car and stopped just beyond the ?victim? When he asked if he could help the man accused him of causing him to crash. The police were called and my friend found himself be blamed for the accident.He was send a summons to appear in court or plead guilty and because he could not lose money by not going to work he foolishly returned the summomns admitting guilt. He should have gone to a solicitor but again he was not able to miss work commitments. He swore he would never stop at an accident again even if he could help.He as since passed away so RIP but there are some evil people out there intent on fraud/scams so get the Law to Protect yourself.

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