Neighbour hit my car-now he's suing me!

nicecuppatea_3

My neighbour ran into the back of my car. I was sitting in mine with engine running, (stationary) in our private (though shared with 3 other residents) yard waiting for son to move his car so I could have my space back. Both cars involved in the bump were fairly worthless, neighbours was over 20 years old and due for the scrapheap. My car was undergoing work for MOT which it had just failed (and then subsequently failed again so I scrapped it in the end). Also, my insurance had run out, literally days before, and because of pending re-MOT and possible failure thereof, I didn't renew. Because of this, although it was neighbours fault, I didn't go through the insurance route as I didn't want to fall out and neighbour can be a bit unpleasant and aggressive and anyway he failed to give me insurance details at the time - anything for a quiet life and I do have to live next door, I thought, so all was fine. No police involvement, it was just a bump, we were both happy with that. I then find I'm being chased by the MIB (motor Insurers Bureau who compensate 'victims' of uninsured drivers) on behalf of neighbour who claims I was reversing onto main road (which is at least 75 yards away up a driveway) into oncoming traffic and that I hit him!. He's claiming damages of £3000 for damage (which I can't be sure hadn't been done already) on a car worth around £150 to £350 (I've checked on Autotrader). Neither vehicles were left undrivable by the accident and neighbour continued to drive his. Neighbours car later broke down, nothing to do with bump, was left on the road until the tax ran out and then was allegedly 'stolen', for which neighbour presumably claimed on his insurance. I'm shocked at my neighbours behaviour and can't believe anyone can tell such out and out lies - but what's worrying me is the MIB might beleive him. A relative was in the car with him and is his witness and though I had a friend standing there who saw all I don't know if they count as 'independant'. It would be so unfair if he managed to get any money out of me at all, even for half the blame - it was all his fault! My insurers aren't interested as my cover had run out as explained above. What are the MIB likely to do to me? Can he claim for work on a car that was stolen before any repair work could be done? What else can he possibly be claiming for? Should I just ignore it? Am I likely to be in trouble for not having insurance, even on private land? Any help or accounts of anyone else's experiences with MIB appreciated even if only sympathetic noises.

nicecuppatea_3

Sorry for spelling mistakes - forgot to spellcheck!

Markyt

There is no requirement for insurance on private land, and insurance companies won't pay out usually for incidents not on a public road. I'd say its up to them to prove you were on the main road. Also, if your witness is not accepted as being independant, then neither is his.

Can you see a traffic specialist solicitor for some legal advice?

mcfisco

I'd be tempted to contact the police to see if anything can be done

I know they won't want to get involved in the claim but there may well be something that can be done regarding investigating his attempted fraud against you?

peterbaker

If you are certain that the private yard you describe is not adopted as part of the public highway then you have the option of reporting your neighbour and his relative (if you know he has offered to be a witness to the event 75 yards away from the true location) to the police for suspicion of conspiring to commit insurance fraud. From what you say they have attempted to concoct an untrue story about how and where the damage occurred and have evidently made an insurance claim on that untrue basis to their own insurers. You and your friend will have to make statements to the police.

The alternative is to grasp the other nettle and talk to MIB and advise them that you suspect that insurance fraud is being committed. The net result is likely to be the same, and you will probably have to make police statements.

However, I have to say that from reading your story, a lot seems to have gone under the bridge since the event and only you know how much of your side of the story adds up nicely.

lisyloo

Write to the MIB calmy stating the facts.
Neither witness are independent but that doesn't mean their testimony will be ignored.
Explain that he may have made a claim (you don't actually know this) as they may have databases that they can check.
Also point out the value of the car.

Basically you are innocent until proven guilty and the onus is on THEM to prove their case, not on you to defend it.
Personally I don't think he'd get anywhere in court.

I would send the letter recorded delivery (65p) and keep the receipt just to be on the safe side.

If you want us to proof read it for you then post it up here.

Try to stay calm and stick to the facts. I don't believe you should worry too much as if he takes it to court it's quite clear he hasn't lost £3000. They are just trying to bully you so don't let them. Stand up for yourself but above all try to stay calm (I know it's difficult).

mattymoo

Lisyloo is bang on the money.
The Motor Insurrers Bureau is a fund of last resort and they do not take kindly to people trying to commit fraud against them.

The usual process is to send somebody around to see you. 4 reasons for this.
1) to establish that the accident took place on a road. A road is defined in the road traffic act but interpretation is difficult. A garage forecourt can be a road if it is used as a shortcut between 2 roads. In the past, a beach has been held to be a road.
2) to see if you have any insurance. If you had a cert but had not paid the premium, the MIB would make your insurers deal with the claim. Does not appear to be the case here though.
3) to go through the accident circumstances and get your version of events.
4) to ask your permission to deal with the other person. They cannot go ahead and settle his claims without your say so. If you refuse, they can let the matter go to court and let them decide.

Points 1 and 3 will be your chance to explain things so if I was you, I would co-operate fully with the MIB representative.

going2die_rich

Sounds like your neighbour needs a good kicking so he can see the error of his ways - not that I suggest you do such a thing, I'm just saying bad things do happen to bad people

Hintza

Sounds like a nasty bit of work, if i were you i would have a camera handy for any future incidents (maybe even some CCTV). From what you say I don't think he is going to take this lying down and this could turn very nasty.

Be prepared and i think a trip to the police station is in order (even just to get a complaint logged early) and then follow what lisyloo says.

I had a successful claim against me last year for whiplash at walking pace so folk will try anything.

nicecuppatea_3

Thanks everyone. Another thing - can he (my neighbour) make a claim to both his own insurers (or mine had I had some) and the MIB for the same accident? I'm only assuming he's claimed for either the 'repair work' or later for having it 'stolen' but I thought you could only claim the once. Also, wouldn't his insurers baulk at paying out £3000 on a car worth so little? Any idea why he didn't get his own insurers on to me rather than MIB? Ironically, he has often boasted of having driven for years without either tax or insurance though I believe he was insured at the time. And Mattymoo, no, the yard is not a shortcut of any sort, it's at the end of the 75 yard private drive and in no way part of the highway though it's shared by the residents - does this make it public? I guess, from what you say, Markyt, ('There is no requirement for insurance on private land') this could be why he's trying to claim it happened on the road. Going2DieRich-thanks for the thought, I wish I could be so sure (' bad things do happen to bad people ') in my experience, too many bad people go on doing bad things and get clean away with it! Yes, perhaps I should get CCTV - my new car (which is insured-fully comp in case you're wondering) has been scratched all down the side, broken into and the brakes suddenly developed a very bad leak plus a few other things and while I can't know for sure who's responsible the area is far from being a hang out for the local kids - who are great, by the way - in case any of them are reading this!

mattymoo

Defo time for a CCTV camera and the police as well. Tampering with brakes is tantamount to attempted murder in my book. If you are suggesting this neighbour is behind all of this he is not likely to take a rejection by the MIB very well and could take it out on you / your car.

I hope it works out for you, this guy sounds a nasty piece of work.