car insurance claim for an accident that did not happen

JohnT1974

hello all
this is a story involving a situation my mum has gotton into, albeit unrequested.

One evening about 6 months ago at the local cricket club, my mum was taxi'ing for the local pub darts team. Upon leaving the car park (with 3 of the team members in her car) it has been alleged (a day or so later) by a third party, that my mum reversed into a parked car, his parked car causing some damage in the way of scratches. Each of the witnesses cannot recall my mum hitting anything when they were in the car and my mum vehemently denies hitting anything.

Anyway, the third party has since contacted my mum directly and through his insurance. My mum correctly denies hitting his vehicle and sought independent (2 x PCSO) witnesses to view her car who both confirm no damage or scratches whatsoever to her car. My mum even sought confirmation from a PC to ascertain the damage to the third party's vehicle. The PC said the damage to his vehicle was minimal limited to a couple of scratches. (His vehicle is a company car BTW.) As to when these scratches occured is anybodys guess.

After a couple of weeks the third party who originally claimed my mum hit and scratched his car wing now claims my mum significantly damaged his wing to a point that it warrants a new replacement with dents and indentations.

Originally also, his initial claim against my mum had no witnesses on his part. He now claims 2 witnesses.

As this saga has evolved, his insurance company have since sent solicitors letters to my mum threatening her with failure to notify police and leaving the scene of an accident. My mum has complied with all their requests by passing on all of her details to both the third party and his insurance company. He has failed to pass on even his surname to my mum.

The latest is my mums insurance company (insurance company at the time - she has since switched) has contacted her by phone to request (again) the sequence of events and what has happened so far. They then said they would be sending an inspector to my mums house to "judge" her responses to the questions already answered on the phone.

Question - this seems like bullying and harassment to me. My mum is beside herself with worry and feels guilty for something that was not even her fault. I suspect something untoward (false claim) on the third party's part.
Where does my mum stand legally on this issue?
What will happen in the event that the third party's insurance company will not accept my mum not claiming any liability?
Will it go to court?
Is my mum entitled to legal representation (she had legal protection cover on her policy at the time)?

thank you all

Quentin

All she needs to do is comply with her insurer, if this should end up in court and legal representation is required they will supply it (as part of her normal cover)

s_b

Quentin wrote: »

All she needs to do is comply with her insurer, if this should end up in court and legal representation is required they will supply it (as part of her normal cover)

quentin puts it crisply

forgotmyname

Just keep passing it on to your insurance and say you couldnt report an accident that never happened.

atrixblue.-MFR-.

all mum has to do it put forward written statements from her whitnesses to her insurers of the time, allow the cycle of events to go turn, insurers home visit etc and keep stating that she or her occupants in the car never felt nor heared anything that day that suggested she hit this car, the reason she did niot report it is because as far as she is concerned there wasnt an incident caused by her.

JohnT1974

thank you all
I thought as much.

fivetide

Sure she was taxi'ing? Was she 'giving some people a lift'?

Just in case a hire/reward debate opens up (assuming she isn't actually a cabbie).

5t.

Strider590

Problem is everyone denies when they hit a parked car, so your mums word isn't going to carry much weight unfortunately + If 1974 is your YOB, that places your mum statistically right in the middle of the most common age range for minor/parking accidents.

The fact of no damage to her vehicle and the witnesses should be enough to fend off the wolves.
Send all letters to the insurance company, they're mostly just threats to scare her into paying up.

JohnT1974

thanks all.
My mum is providing all the requested information to both insurance parties, including police statements, witness statements etc

I have advised my mum that if the third party desires to press, then let them press and take her to court. The truth will out eventually through the courts if this is the intended route and will be resolved finally.

Quentin

JohnT1974 wrote: »

thanks all.
My mum is providing all the requested information to both insurance parties, including police statements, witness statements etc

I have advised my mum that if the third party desires to press, then let them press and take her to court. The truth will out eventually through the courts if this is the intended route and will be resolved finally.

As long as she does assist her insurer (and does what they ask her to - eg. she should pass on all correspondence from the other side on to her insurer to deal with), then whatever the outcome they will pay up if the case ends up in any way with her getting any liability.

If it gets as far as court then it will be a county court, where the "truth" is sometimes impossible to find as the two sides tell different stories with the judge having no "proof" apart from independent witnesses.