Old insurance claim

GaryBC

Hi all

Back in April this year (2023) my daughter got reversed into whilst stationary in traffic. 
Minor damage (£180 plus parts) so we fixed it without going through her insurance. 
Now, though, the driver who reversed into her is trying to make a claim against her - saying she drove into him! 
What sort of defence can we mount against this spurious claim?
Thanks, 
Gary 

Car_54

She must pass the claim to her insurers to deal with.

It's a contractual obligation, and also that's what she pays them for. 

As for defence, all she can do is give her insurer her version of events. Unfortunately, almost all such collisions are found to be the fault of the driver behind.

GaryBC

Car_54 said:

She must pass the claim to her insurers to deal with.

It's a contractual obligation, and also that's what she pays them for. 

As for defence, all she can do is give her insurer her version of events. Unfortunately, almost all such collisions are found to be the fault of the driver behind.

Yeah, that's probably going to be the main stumbling block! 
Is there nothing about the eight month delay that can be used? 

BJV

Years ago, my Oh was at a roundabout.

The driver in front pulled out and then, seconds later, slammed on. He went into the back of her. No damage on her car, but ours had a front bumper and light broken. She claimed on our insurance, as we were told it is, that we should have left enough room for her to slam on. 

I think she ended up claiming for whiplash as well. So sad as my OH must of been going all of about 20 miles per hour and she had no damage!

Car_54

GaryBC said:

Car_54 said:

She must pass the claim to her insurers to deal with.

It's a contractual obligation, and also that's what she pays them for. 

As for defence, all she can do is give her insurer her version of events. Unfortunately, almost all such collisions are found to be the fault of the driver behind.

Yeah, that's probably going to be the main stumbling block! 
Is there nothing about the eight month delay that can be used? 

The TP have six years to bring a claim, so eight months is nothing.

On the other hand, your daughter should have reported to her insurer ASAP. That hasn’t helped.

GaryBC

BJV said:

Years ago, my Oh was at a roundabout.

The driver in front pulled out and then, seconds later, slammed on. He went into the back of her. No damage on her car, but ours had a front bumper and light broken. She claimed on our insurance, as we were told it is, that we should have left enough room for her to slam on. 

I think she ended up claiming for whiplash as well. So sad as my OH must of been going all of about 20 miles per hour and she had no damage!

Yeah, the 'standard' roundabout shunt! I've been caught out that way too. Should have been more aware! 

GaryBC

Car_54 said:

GaryBC said:

Car_54 said:

She must pass the claim to her insurers to deal with.

It's a contractual obligation, and also that's what she pays them for. 

As for defence, all she can do is give her insurer her version of events. Unfortunately, almost all such collisions are found to be the fault of the driver behind.

Yeah, that's probably going to be the main stumbling block! 
Is there nothing about the eight month delay that can be used? 

The TP have six years to bring a claim, so eight months is nothing.

On the other hand, your daughter should have reported to her insurer ASAP. That hasn’t helped.

She called her insurer, established that the excess was more than the cost of the repair, chose not to claim. 

bluelad1927

Did your daughter report the accident at the time, giving an account of what happened

GaryBC

bluelad1927 said:

Did your daughter report the accident at the time, giving an account of what happened

Yep. Spoke to the insurance company, decided not to claim as it was less than the excess. 

DullGreyGuy

GaryBC said:

bluelad1927 said:

Did your daughter report the accident at the time, giving an account of what happened

Yep. Spoke to the insurance company, decided not to claim as it was less than the excess. 

Then just pass everything to her insurers... there is no excess to pay on third party claims and they are already aware of the incident. They will defend the claim or negotiate a settlement depending on the evidence of both parties and how they feel the court would decide it. 

Car_54 said:

GaryBC said:

Car_54 said:

She must pass the claim to her insurers to deal with.

It's a contractual obligation, and also that's what she pays them for. 

As for defence, all she can do is give her insurer her version of events. Unfortunately, almost all such collisions are found to be the fault of the driver behind.

Yeah, that's probably going to be the main stumbling block! 
Is there nothing about the eight month delay that can be used? 

The TP have six years to bring a claim, so eight months is nothing.

Or 3 years if it involves an injury, but still well within the timeframes.

ontheroad1970

GaryBC said:

bluelad1927 said:

Did your daughter report the accident at the time, giving an account of what happened

Yep. Spoke to the insurance company, decided not to claim as it was less than the excess. 

Well that may give her some credibility which may help in her case.  Time though to get a dash cam.