Wrongly accused of a car accident I didn't have

Heffalump511

To cut a very long story short, in October 2011 I was first notified of an alleged accident my son had in my car. I disputed this and nothing more was heard. In April this year I heard again to say that they were settling the third party. I have been trying ever since to get this sorted but my insurance company won't listen. I asked for all documents to prove this. I've had some and the dates provided means it's impossible for this to have happened. The day they say it happened my car was in a garage being estimated for repair following an accident he did have the previous week. I have proof but they don't listen. This claim allegedly happened 7/10/09. I only heard about it in October 2011. The paperwork they provided shows it was estimated and assessor viewed in April 2010. It clearly states date of accident 7/4/10. I queried this and was told its been dealt with case closed. They are now perusing me as the policyholder for the excess and bill which equates to £1342.42. My question is, I have proof so why don't they listen? What do I do now? Please help. I've just received threatening letter from STA International giving me 7 days to pay up or be CCJ'd or go to court.

McKneff

What happened re the earlier accident, could it be one and the same and they have got the dates wrong.

Heffalump511

The earlier accident by one week was a different location and had witnesses. However my insurance company still behaved badly and didn't listen to the reports from the witnesses, and still paid third party for a very minor shunt with whiplash. The bill for that was over £1500 due to excess but as they didn't fix my car in the beginning, I got the bill turned round and they had to pay me for my own damage thus null and voiding the excess. The thing is, this first report of the accident came about one month after they had finally paid me out which seems a bit odd to me. Having worked in the insurance industry for many years, I smell a rat.

huckster

Why are they pursuing you for the money and not the third party liability cover of your policy. Let your Insurers deal with this now and you will be still be able to contest the accident.

Suggest that you ask for a full copy of the claims file. Submit a subject access request if you have to. If the third party Insurers are also handling data in regard to your son or yourself, you could also submit a request to them.

If the location of the accident and date are certain, then either a mistake had been made or the third party has an issue with your son. Is it the same person he had the accident with, a week earlier ? Is there anything your son knows, but had not told you ?

Heffalump511

It's my insurers who are not listening and have just settled without any consideration to my proof it wasn't my car so wasn't my son. I got very sketchy details from my insurers when I asked for data access request which is why there are 2 dates for this accident some 6 months apart. When I queried this, my insurers were not I tested and kept saying its settled and pay up. X S Direct are my insurance handlers and the third party is Direct Line. They blanked out names of the third party so I've no idea who it is. The location is @18 miles away and the time is @9 am. My car was in a garage from the evening before and I have proof of this. My car is a Fiesta ST. There are loads of them driving about in the area. It is suggested that my car drove at the third party on a roundabout and clipped his front wing - this would imply that one of the cars was going the wrong way round a roundabout. Something else I have told my insurers but they just keep saying case closed and pay up.

huckster

Has your policy been cancelled and is this the reason they want the money from you ?

If you are certain about your information, then let them take this to court and you will have evidence of no being involved in the accident.

Heffalump511

They cancelled it in the December and kept all of my premiums. The reason they gave was that my son was too high a risk for them. The demand I received today from STA International says I have 7 days to pay this £1342.42 or it will go to court. I'm thinking of allowing it to go to court and presenting my case that it wasn't my car with the proof I have seeing as my insurers have gone deaf. It sucks though that as the policyholder, and not the person who had this alleged incident I am being dragged into it and being asked to pay a great deal of money. They say they chased my son but he hasn't had any letters. They also got a CCJ on him in December with no letters being sent whatsoever. This is also being contested.

huckster

Suggest that your son looks to get a set aside for the CCJ, if there is a basis for doing so. This may be a struggle as judges don't like set asides more than 6 months after the judgement date.

If he does not get the set aside, then they could chasing him for 6 years or longer. It will also be on his credit record, so may affect any application for credit or for things like mobile phone contracts.

In regard to the OP being taken to court as policyholder, let them do this. But you may wish to write to them just pointing out you have independent evidence of the car being off the road, at the time of the alleged accident. ( suggest posting to a legal forum, to see what you can counterclaim for )

Heffalump511

Thanks for that. I think going to court will be the only way to move this on. I've argued the point via telephone, email and letter all to no avail. My son now lives in Australia so there is a separate complication in regard to the CCJ. Presuming I win and I can't see why not, I am going to seek remedy on stress, and time spent on dealing with this, and to get the CCJ issued on my son revoked.

I still cannot see why the insurance company are insurance company are not listening to me. I have downloaded the forms to make an official complaint with the FOS.

I've found some local legal aid solicitors who I will call on Monday to see if I can get any representation on this. I am a disabled woman with multiple health problems. Having this breathing around me just doesn't help. Much obliged for the help and advice given.

magpiecottage

I am confused.

If your insurer met the claim then they would have paid in full - not merely over and above the other party's excess.

If they didn't settle, that suggests the claim was found to be invalid.

Pass the document to your insurer and tell them to deal with it.

You may also have grounds for complaint about them cancelling the policy and retaining the premiums but that is another issue.

Heffalump511

My insurer has paid third party out and wants me to cough up my excess which as it is £1500 the total bill is less thus they want me to pay £1342.42 being the total cost of third party claim and charges incurred because I have refused to pay, on the basiis that my vehicle and my son didn't have this accident. My vehicle was in a garage, my son was at work from 7.15am and I start work at 8 am. They are not willing To talk to me anymore and keep saying case closed but pay up. It is my policy excess they want.