Someone making a false claim agains me...

pitkin2020

Thats rubbish, the silver paint on her car is more likely the primer showing through where her paint has been scrapped away, so it could have been any colour that did the damage.
Also the insurance comp can only keep a claim open 12 months from the date it was made, unless it is an ongoing claim then i think they have upto 3 years to reslve it. It sounds like she has started the claim but it has gone no further?, if so really your insurer should close the claim 12 months from the date it was made. They can not keep claims open longer than that if they aren't on going or what would stop everyone making a claim on someone from 5 years ago.

Either way she has to prove you hit her car and with a witness or CCTV she'll have a hard job of doing that i'd say.

I'd also find out who her insurer is and check there policy wording if you can, i'm sure (if i recall correctly) there is some clause in most insurance policies about private land, so may be worth taking a look.

missk_ensington

Hi thanks everyone fir taking the time to reply, some very useful posts. No she isnt saying she saw me, or that anyone saw me (at least the police and insurance companies have never said so, and I would ahve thought during the 5-6 email exchanges I had with her insurers at the very beginning when they asked me about it, they would have said so if they had a witness).

At the time I would have been inside my house, I work from home so just walk over to school at 9am and come home, switch on laptop and get to work. I only use my car for business appointments (not that often) and taking my son to his dads/grandparents 40 miles away at the weekend.

I had written to my insurer (AA) explaining everything that had happened and I got a written response saying "Unfortunately although we appreciate the contents of your arguement, we are not able to dismiss this allegation on your account until Mrs E's insurers confirm that they do not plan to pursue a claim against you. I am sorry we cannot be more helpful, and will contact you as soon as we are in a position to do so" and thats it!! :-(

duncan303

Well it seems as if she can probably procrastinate for quite a while with this claim if she is using the mechanism to cause you as much inconvenience as possible.

All Teachers, who work with or teach under 16's, under the new government rules are required to conduct themselves in their private lives to an minimum standard. This makes her extremely vulnerable, so you may be able to exert pressure on her to expediate this claim as swiftly as possible.... and get the employees of the school to stop using the car park into the bargain







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tuggy12

neilmcl wrote: »

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

So data protection laws don't apply in these cases?

neilmcl

tuggy12 wrote: »

So data protection laws don't apply in these cases?

It's nothing to do with data protection. Insurance companies have a shared database which they can use, along with the police to check who has insurance and with whom.

duncan303

^^

In Switzerland.
Car ownership details are public knowledge, you can easily obtain full name, home address and telephone number of another driver instantly from thier number plate alone.

It is regularly used as a form of speed dating.

Do not mean to Hijack thread but you also need to have passed a mental health check before you can apply to drive as well. Psychological assement over here would cut the number of drivers on the road by half for sure.....


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sarahg1969

tuggy12 wrote: »

So data protection laws don't apply in these cases?

Yes, they do. And the Data Protection Act contains clauses that allow data to be disclosed for certain purposes.

catflea

diable wrote: »

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

Empty threat. You cannot claim for anything that is not a material/financial loss.

pitkin2020

sarahg1969 wrote: »

Yes, they do. And the Data Protection Act contains clauses that allow data to be disclosed for certain purposes.

Which is usually stated in the fine print of your insurance documents. By taking the insurance you're agreeing to these conditions.

catflea

missk_ensington wrote: »

Hi thanks everyone fir taking the time to reply, some very useful posts. No she isnt saying she saw me, or that anyone saw me (at least the police and insurance companies have never said so, and I would ahve thought during the 5-6 email exchanges I had with her insurers at the very beginning when they asked me about it, they would have said so if they had a witness).

Her insurer will try to do everything they can to get you to admit liability. Make sure you send a copy of these emails to your insurer and respond to any future emails with "Please liase directly with my insurer"

missk_ensington wrote: »

At the time I would have been inside my house, I work from home so just walk over to school at 9am and come home, switch on laptop and get to work. I only use my car for business appointments (not that often) and taking my son to his dads/grandparents 40 miles away at the weekend.

In which case, check your email inbox etc - did you send an email at the time of the alledged incident?

missk_ensington wrote: »

I had written to my insurer (AA) explaining everything that had happened and I got a written response saying "Unfortunately although we appreciate the contents of your arguement, we are not able to dismiss this allegation on your account until Mrs E's insurers confirm that they do not plan to pursue a claim against you. I am sorry we cannot be more helpful, and will contact you as soon as we are in a position to do so" and thats it!! :-(

Sadly, thats normal, its all a very stressful waiting game I'm afraid :mad:

Make sure you write to your insurer stating that they do not have your consent to settle the matter in any situation - something along the lines of my letter in the previous case - otherwise they may choose just to settle it - and you don't want that!