Wrongly accused of a car accident I didn't have

dacouch

If it's XS Direct did you pay them the large excess they require to deal with a claim?

rs65

Heffalump511 wrote: »

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.

That doesn't make sense. Are you saying that they just cancelled mid-term and kept the premium? Is there more to this story?

Also, why are they saying your son was driving in the fictional accident? Normally they would just have access to DVLA records to see who the registered keeper was. How would they even know you had a son?

Heffalump511

This is exactly what they are demanding off me, even though we didn't have an accident. The large excess is because my son was under 21. Why should I pay an excess for a claim That has nothing to do with me or my son? Any ideas what to do? Thank you

Heffalump511

rs65 wrote: »

That doesn't make sense. Are you saying that they just cancelled mid-term and kept the premium? Is there more to this story?

Also, why are they saying your son was driving in the fictional accident? Normally they would just have access to DVLA records to see who the registered keeper was. How would they even know you had a son?

Yes they cancelled the policy that was incepted in the July, cancelled by them in the December. Only reason given was that he was too high a risk. I asked for a refund of premiums and was told no refund due to claim. I did not know anything about this 2nd claim until October 2011, and neither did my son.

I have queried why I was not informed until 2 years after the event and the answer was in writing, we offer no explanation. I queried why the third party insurers have never contacted me and I was told they did try......really? I have never received any communications about this second accident from anyone until my insurers wrote to me one month after the first one was settled. The third party alleges it was a man driving. The only people on my policy was myself and son. The weird thing is, that the dates on all the garage repairs to third party car and even the assessor says accident date was April 2010. They weren't insuring the car then and my son wasn't a driver on it having his own works vehicle. It all points to a false claim but my insurers won't listen to the evidence I gave them and have still paid this third party out.

I can understand why you think something has been overlooked and not all the story is told, but I kid you not, this is all that has happened which is why I am asking for some help to get my insurers to realise they have paid this person out for nothing. Wrong registrations, someone with a grudge, whatever you want to call it.....this accident did not happen and I can't get anyone to recognise the factual evidence that I have. I don't know how they got my sons name, except to say that my own insurers seem to be wanting my money for nothing; they kept my premium, they tried to charge me for my excess and not fix my car first time round even though I was fully comprehensive, and now they are perusing me for an accident I couldn't have had.

antrobus

Heffalump511 wrote: »

.... 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. ....

Has it occurred to you that maybe it was your car, but that someone from the garage was driving it?

Heffalump511

We delivered car to their garage night before and it was in compound on site. Their garage is no where near where this accident happened. It isn't a large garage just a couple of fella's and they have to drive in themselves. Have known them for years. In any case, this second accident would've caused damage to my passenger side and there wasn't any. I picked my car up at 5pm that day, so it would've been difficult to have fixed it and sprayed it back up the same day.

huckster

The advice stands that you should let them take you to court and then as part of the process you can find out more information. Under a part 18 CPR request, you can ask for details of the third party and what information they supplied, of which your Insurers should have a copy.

You may decide to write to your Insurers compliance/legal manager to advise them of the situation, that you would be quite relieved if they would take this to court, as then full facts would be revealed to you. Don't ask for any information, just state the facts, as far as you are aware and advise them of the mistake you think they have made.

Heffalump511

Thinks Huckster will do. X

huckster

Heffalump511 wrote: »

We delivered car to their garage night before and it was in compound on site. Their garage is no where near where this accident happened. It isn't a large garage just a couple of fella's and they have to drive in themselves. Have known them for years. In any case, this second accident would've caused damage to my passenger side and there wasn't any. I picked my car up at 5pm that day, so it would've been difficult to have fixed it and sprayed it back up the same day.

You could speak to the garage people if they are still there to advise them of the situation and that if you are taken to court, you may need witness statements about the car being in the garage for the relevant period.

magpiecottage

No - if it is your own insurer that is pursuing you, I think you need to immediately make a complaint. Address it to the Compliance Officer.

Ideally fax it because you will get an instant receipt. Then, if it does go to court you can inform the court that you have disputed the debt and ask that it allow you to refer the matter to the Financial Ombudsman Service.