Someone making a false claim agains me...

tuggy12

How did they know who your Insurers were?

neilmcl

tuggy12 wrote: »

How did they know who your Insurers were?

Her insurer's can get it via the OPs vehicle reg.

duncan303

missk_ensington wrote: »

Im surprised the fact she was illegally parked, on private land, that has a big sign up saying "No Parking - Strictly For Residents Only" would count for something........

It may or may not,but I think it best to discount it for the moment, for two reasons

the first being:
she could claim that she is parking with permission of another resident entitled to use the park, or she is simply visiting. "strictly for residents only" does not define which residents. so all very vague and loose.

secondly
the thread will fill up with "Legally" "illegally" "yes she is"" no she isnt" " no such thing" "yes there is"



The question is how does one swiftly conclude a false allegation being investigated by insurance company. The experts should be along soon.

May I take the opportunity to introduce a possible avenue of remedy. The person who is using the car park is doing so whilst she is under the employment of the local government and during work hours. I am not sure how.. but you may be able to invoke a letter from county Hall preventing all employees of the school from using the facility, possibly under the schools public liability obligations etc etc.

A contruction of this could be also that she cannot be truly visiting a resident whilst taking a class and therefore is being dishonest, Dishonesty amonst staff is not something we want in our primary schools at all.




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catflea

I feel your pain with this one. Having been in a not dissimilar situation myself - somebody claimed that I hit them in a car park when I didnt (funny, you'd think I'd notice or have some damage to my car if the whole front end of his was re-arranged)

From the legal advice I have taken the insurance company has 3 years :eek: to deal with the claim so dont expect this matter to be dealt with quickly (it took me nearly two years to sort this out) I my case it was not a financial loss, but the loss of my NCB which was far more painful (being an under 25 - at the time - bloke)

Eventually, it went to court and the claimant dropped out 1 week before the court date

My advice being as follows;

Deal only with your insurance company directly, in writing. In this letter state that someone visited your property which is in said proximity of this car park claiming that you had collided with her car. You have no knowledge of this incident and you catagorically were not involved.

Perhaps (and please, excuse spellings!)

Dear Mr/Mrs Insurance Monkey


On XXX January someone, who identified herself as Mrs Y, visit my property accusing me of having hit her car in xyz car park in July 2009. My property opens onto this car park so my car must therefore be visible from the site of the alledged incident.


At the time of the aleldged incident I did have a police offer (details if known) visit my property to ask if I knew anything about said incident - I informed him that I did not.


I catagorically deny having been involved in any motor accident following my accident in 2007 which I declared to you on my insurance documents.

The basis for Mrs Y's accusations appears to be that her vehicle was left with silver paint marks and the minor damage to my vehicle - caused by the accident in 2007. The car park is heavily used during the school run period and there is high traffic flow during this peak time.


In Summise, I have not been involved in any form of incident with Mrs Y's vehicle - you therefore do not have my consent to settle this matter without catagoric proof that my vehicle was involved and I would thank you to please expediate this suprious claim and arrange for my £180 pounds to be refunded.

Please confirm reciept of this letter

Yours Sincerly

Miss K_Ensignton

Obviously this is only a rough draft to use as you see fit - the important points though are to deny any involvment in the accident and the bolded section (or words to that effect)

Should you recieve any letters from her insurance co/solicitors send a written response to the company saying something along the lines of "Thank you for your letter dated xx. Please deal only with my insurance company - I have already forwarded a copy of this letter" DO NOT SIGN - print your name in place of signature. EDIT: Make sure you forward a copy of your letter and theirs to your insurance co. with brief cover note "please find enclosed a letter sent directly to me ref case xxxxx"

Make sure that everything is done in writing (I used to record any calls and transcribe them - having said the call was being recorded - this may be beyond your technology)

Be prepared for a long drawn out process with the potential to go to court. In the event that the case does go to court the emphasis is on the claimant to prove that you did it. I cant remember the exact criteria that must be satisfied but they have to prove you were negligent in causing the accident, that you owed them a duty of care and above all that you were there!

Does she have any INDEPENDANT witnesses at all, as this would likely be the only way she can have you over a barrell - if she does she should have told the insurance companies by now.

Its very hard to prove a negative, so try and get as much information about the alledged time & date of the incident so that you can work out where you where/what you were doing. (Eg. if she says the accident must have happened at 10am on 10th July and you have an entry on your bank account for a card sale made at 10.02am on that day the next town over - its pretty safe to say you weren't there)

If you want to ask me any questions about how its going that you think I might be able to assist with please PM me here and I'll do my best to advise. Oh, and which insurance companies are we talking here - please God, don't say either of them are Budget/Sabre.... :mad:

duncan303

what a good reply catflea:T

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mikey72

Take her to small claims court for the £180 you are owed.

catflea

mikey72 wrote: »

Take her to small claims court for the £180 you are owed.

Not quite that easy as liability for the accident needs to be established. Also, at this time no money is owed whilst the case is pending!

Oh, one thing I forgot to mention above - your insurance company will almost certainly try to grind you down into a settlement - DO NOT LET THEM. If they settle without your consent then they are technically not acting as your agent (in that they are acting with your express non-consent) and you can then take THEM to court

Oh yeah, keep ALL the paperwork up together and if you don't hear anything for about 3 weeks write for an update - do not let your insurance company lie easy on the case, you want it dealt with after all and not stuck in the bottom of a locked filing cabinet stuck in a disused lavatory in a dark, stairless basement with a sign on the door saying Beware of the Leopard."

I have a feeling I might be spending almost as much time on this thread at the £100 to 10k one

olly300

If possible OP send letters to your insurance company by recorded delivery. That way if you do have to take them to court they can't deny receiving your letters where you instructed them not to settle.

The number of letters and the fact that a few where sent by recorded delivery would work in your favour if you had to take them to court.

diable

also say that you are claiming costs for her wasting your time

what date was the accident and at one time and can you remember where you were?

gsmmad

i cant believe such a claim is still pending. She may have told her insurance that she saw you do it, find out if this is the case. Then contact the police, they probably have a incident report which makes it clear no one was caught for the crash as there are no witness.

hope this helps!