Innocent in court - M.I.B re-coup costs

dr0psofjupiter

I am new to this forum, and this is my first question.

In 2010 I was summoned to court on the charges of dangerous driving. A woman and her teenage child in a car had been hit by a silver bmw back in 2007.

Luckily neither were badly injured. I was not involved in the accident, but my car was picked off the street as the car involved (accident happened in my local village) and I can only assume it is because I also had a silver bmw, and lived close to where the accident was.

At the end of the trial it was decided that there was no evidence it was my car (because it wasn't!) but because the plaintiff had a damaged car and minor injuries the judge ruled that the motor insurance bureau would pay out to the tune of £15k and that I was found innocent.

Today (6 years later from the accident) the MIB have been in contact and are trying to re-coup the £15k from me. I don't see how this is fair as 1, a judge ruled that I wasn't involved, and 2, because it was so long ago.

Do I have any standing with S.33 of the limitations act 1980 that the debt is time-barred/statute-barred? I'm also very concerned that they will try and take me to court to recover it. I cannot begin to explain how much stress this is causing my family and I.

If I hear from them again I will seek legal action but until then I just wanted a bit of peace of mind. I know one of the exceptions to S.33 is if they have been trying to find me but haven't been able to locate me. I have a rented house in my name, my car which has been registered with the dvla at my current address for years and numerous other things; phone bill, utilities etc.

Any help would be appreciated, even if all you can do is point me in the direction of an explanatory website. Thanks

Prothet_of_Doom

It's very simple. You pass all the paperwork to who ever was insuring you at the time, and you let them sort it out.

It's clear that the requirements for proof are different in a criminal court than they are in a civil court, so whilst it was not Proved beyond reasonable doubt that you were the driver, in a criminal court, the same evidence might be presented, in a civil court and the judge might decided on the balance of probablities that you probably were to blame. But NONE of that should worry you, because your insurance company will fight the claim, or pay up.
It should not cause you sleepless nights, unless you had no insurance, but you don't say you were charged with that, so I assume you were.
Stop worrying, send paperwork (keep a copy - if you don't have a scanner, take a photo with camera phone), to insurance company, and write to them that you expect them to treat this as a malicious, try it on claim.
Worst case? You spend a morning at the small claims court, explaining how you were not involved and if the judge doesn't believe you, your insurance company pay the money and you loose your NCB.

dr0psofjupiter

I am now insured with a different company, will that matter that I send the info to my old insurers? And yes of course I was insured If I went to court and worst case scenario they said it was me, would I have a CCJ against me? I'm currently trying to buy a house and it wouldn't help!

spacey2012

A simple good for the goose good for the gander style reply.

First thing is to ask them to provide :
Proof of claim.

Simple letter,
With reference to the speculative claim made I am unable to accept your claim as you have failed to provide any proof of this claim.
Until proof of claim is provided I am unable to consider the claim and thus reject any attempt to attach the claim to my persons.
Any offer to contract is also respectfully declined.
If no proof of claim is forwarded within 14 days I shall close the matter .
This is not withstanding that in the event of you providing proof of claim the statute of limitations is six years from date of loss claimed.
If you do not understand this, please contact your legal department and request they explain the statute of limitations act to the person making this speculative claim.
I await your response in 14 days or the matter will be closed.
Yours, mr Muggings (not)

dr0psofjupiter

Thank you statute is 6 years, is that 6 years from the accident or from the court date? Accident was 2007, court was 2010!

BrookesAndrew

I dont think you would get a CCJ against you. As the previous post says if you found guilty which you shouldn't be then the insurers will pay the money, not you. CCJ is if you default on a payment. You have only just been made aware that they are trying to make you pay this. You either get found innocent and don't have to pay anything or found guilty and you still don't have to pay anything. You insurers at the time will pay it.

As to the old insurance company I don't it should matter because it happended when you was insured with them so I believe they will have to do deal with it. Good luck and let us know how you get on. I am sure it will be fine. You are not going to have to pay back 15k.

dr0psofjupiter

Thank you everyone. Do you think its worth a phonecall to citizens advice just in case?

spacey2012

It is 6 years for damage to property via tort and 3 years for tort to persons.
(personal injury)
From creation of loss or date of alleged loss due to accident.

So they are way out on claiming for injuries.
They can claim for CCJ you would have to defend on statute of limitations of 3 years personal injury, six years personal effects.

dr0psofjupiter

Sorry, what is tort? The driver claimed for damage to the car, and whiplash.

macman

A tort is simply a legal phrase for a 'civil wrong' (as opposed to a criminal wrong).
So as pointed out above, in this case the whiplash claim is time expired. It's presumably the 6 year cut-off that has triggered this action. Let your insurers deal with it-that's what you paid your premium for.

dr0psofjupiter

Thanks macman. Just to be clear, the statue would be from the date of the accident then, not the court date? As that was over 6 years ago.