Been accused of a car crash in Feb this year?

user1977

bikingbarney said:

Apparently I need to prove that it wasn’t me involved in the crash

Where did you get that idea from? The onus is on the claimant. 

facade

user1977 said:

bikingbarney said:

Apparently I need to prove that it wasn’t me involved in the crash

Where did you get that idea from? The onus is on the claimant. 

To get money out of the OP's insurer, yes the claimant has to show it was more likely than not the OP.

However, for all the months/years that the claim takes to go away, the OP will have a pending "at fault" claim marker and have to declare the "incident". 

There is some insurance nonsense spouted like "any increase in premium will be refunded when the potential claim is resolved" but that is somewhat unlikely.

If the OP wants it to go away speedily, he has to help his insurer by proving it couldn't be him.

Car_54

user1977 said:

bikingbarney said:

Apparently I need to prove that it wasn’t me involved in the crash

Where did you get that idea from? The onus is on the claimant. 

The burden of proof is indeed on the claimant, but ultimately it is for a court to decide what constitutes proof, on the balance of probabiities.

MEM62

bikingbarney said:

I don't see how its fair that I have to prove I wasn't there when surely the onus is on the claimant to prove I was?

You don't.  They have to provide evidence that it was you that was involved in the collision - not the other way round.  

bikingbarney

Well this is just getting weirder by the minute !!!

Just had an email from my insurer saying there has been a change to my policy and to log in to see the changes.

On logging in there is a letter saying due to the recent changes to my policy there is an increase of premium of £86. On looking at my policy they have already added this incident as an at fault claim !!!

How can they do that ????

facade

bikingbarney said:

Well this is just getting weirder by the minute !!!

Just had an email from my insurer saying there has been a change to my policy and to log in to see the changes.

On logging in there is a letter saying due to the recent changes to my policy there is an increase of premium of £86. On looking at my policy they have already added this incident as an at fault claim !!!

How can they do that ????

It will be in the teenie weenie small print, but basically, you had a pending "at fault" claim at the inception of the policy if it commenced after February, so the policy should have cost more, and you owe the difference.

If the policy was running before February they can't charge you more (unless they have some clever small print).

As I posted earlier, this will cost you, your insurer won't care , you need to prove to them it wasn't you, then the other side have to give up and finally the pending "at fault" will be removed.

They could get all snotty about you failing to declare an "at fault" claim, but likely they are not trying it on as you are claiming mistaken identity/no involvement, and they can see the shadow of the Ombudsman, (which will cost them money) if they try it.

Manxman_in_exile

bikingbarney said:

...When I asked the details it was for an accident in Glasgow and that I pulled out of a side street into the side of another car. The extent of damage has not been given.

Now I know for sure that I’ve never been to Glasgow and have no idea where this road is. At the time of the incident I was working in West Bromwich some 285 miles and 5 hours away...

So you've never been to Glasgow and at "... the time of the incident I was working in West Bromwich ...".

Not being funny, but were you living in West Brom at the time or were you working away from home and you lived somewhere else?  For instance, if you lived in either Eastbourne or Plymouth, it's unlikely that you would be driving all the way to Glasgow on a work day without very good reason, even if you were working in West Brom.  But if you lived in eg Carlisle, it might not be so helpful...

If your employer at the time has gone bust and no longer exists, don't you have any payslips etc or a contract of employment that can show you were in the West Midlands at the time.  Doesn't your bank account show your pay going in, or were you getting paid in cash?

Could you try asking HMRC for details of your ex-employer and where they were?

As others have said, you don't have to prove you weren't involved,  but I suspect you'll find life a lot easier if you give your insurance company as much help as you can to defend the claim.

olgadapolga

facade said:

There is some insurance nonsense spouted like "any increase in premium will be refunded when the potential claim is resolved" but that is somewhat unlikely.

This does happen! DH had a "fault" for two years whilst a claim was resolved (it took so long as was going to court, the court case was put off four times for various reasons and then the third party accepted liability before it got to court). The insurance company did not automatically refund once resolved but did so when DH asked them to.

bikingbarney

Manxman_in_exile said:

bikingbarney said:

...When I asked the details it was for an accident in Glasgow and that I pulled out of a side street into the side of another car. The extent of damage has not been given.

Now I know for sure that I’ve never been to Glasgow and have no idea where this road is. At the time of the incident I was working in West Bromwich some 285 miles and 5 hours away...

So you've never been to Glasgow and at "... the time of the incident I was working in West Bromwich ...".

Not being funny, but were you living in West Brom at the time or were you working away from home and you lived somewhere else?  For instance, if you lived in either Eastbourne or Plymouth, it's unlikely that you would be driving all the way to Glasgow on a work day without very good reason, even if you were working in West Brom.  But if you lived in eg Carlisle, it might not be so helpful...

If your employer at the time has gone bust and no longer exists, don't you have any payslips etc or a contract of employment that can show you were in the West Midlands at the time.  Doesn't your bank account show your pay going in, or were you getting paid in cash?

Could you try asking HMRC for details of your ex-employer and where they were?

As others have said, you don't have to prove you weren't involved,  but I suspect you'll find life a lot easier if you give your insurance company as much help as you can to defend the claim.

I live in Droitwich which is even further away from Glasgow than West Bromwich is. I have pay slips and bank statements showing my wages going in from the comapny.

bengalknights

bikingbarney said:

Manxman_in_exile said:

bikingbarney said:

...When I asked the details it was for an accident in Glasgow and that I pulled out of a side street into the side of another car. The extent of damage has not been given.

Now I know for sure that I’ve never been to Glasgow and have no idea where this road is. At the time of the incident I was working in West Bromwich some 285 miles and 5 hours away...

So you've never been to Glasgow and at "... the time of the incident I was working in West Bromwich ...".

Not being funny, but were you living in West Brom at the time or were you working away from home and you lived somewhere else?  For instance, if you lived in either Eastbourne or Plymouth, it's unlikely that you would be driving all the way to Glasgow on a work day without very good reason, even if you were working in West Brom.  But if you lived in eg Carlisle, it might not be so helpful...

If your employer at the time has gone bust and no longer exists, don't you have any payslips etc or a contract of employment that can show you were in the West Midlands at the time.  Doesn't your bank account show your pay going in, or were you getting paid in cash?

Could you try asking HMRC for details of your ex-employer and where they were?

As others have said, you don't have to prove you weren't involved,  but I suspect you'll find life a lot easier if you give your insurance company as much help as you can to defend the claim.

I live in Droitwich which is even further away from Glasgow than West Bromwich is. I have pay slips and bank statements showing my wages going in from the comapny.

does the payslip show employer address? Was the company limited and so has address on companies house?