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Legal matters

Non fault car accident advice needed!

3 replies

doodleboo · 21/09/2009 18:17

Sorry it's a bit long but....

First thing - if someone drives into you from behind, but says it wasn't their fault, and you say it was their fault, what do the insurance companies do?

Is it a non-fault incident until someone admits liabilty?

Secondly, how suspicious does the following sound? The situation is:

2 years ago a lorry drove into the trailer i was towing on a roundabout. The lorry driver caused the accident by driving into me but claimed it was my fault.

The insurance companies on both sides were correctly notified at the time and i never heard anything further, so assumed the claim had been designated non-fault. My company was Swiftcover, the other driver's was AXA.

2 years on, I have received 2 letters from "Innovation Group" whom i have never heard of before.

The first letter informed me that i was the responsible party in a traffic accident and asked for my insurance details. I was suspicious as i knew the other driver had been given that information at the time of the accident.

The second (6 days later) included copies of receipts for the work carried out on the lorry and asked me to send a cheque to an Innovation Group address for the total of the work.

I was now very suspicious and have sent a letter stating that i was not liable for the incident and that any genuine claim should be dealt with through my insurance company, and that if they contact me directly again i will be seeking legal advice.

I have looked up Innovation Group and found that they offer the following service on their website: "We are able to provide bespoke recovery of monies for non-fault claims through our Recovery Services operation. " (the address is: www.uk.innovation-group.com/IncidentManagement.htm )

I have also found the following statement on their website: "Innovation Group supplies incident management services to AXA on a pan- European basis" (address: www.uk.innovation-group.com/ClientTestimonials.htm ) So did AXA pass the claim onto them? If so why doesn't it mention AXA on the letter?

To me the whole situation sounds like licensed bullying. They have sent letters containing a lot of legalese and asking for money directly - surely any claim where i was genuinely at fault would be dealt with through my insurance company?

Nowhere in their letters to me do they have any details from my side of things (insurance company etc) and even my name is spelt wrongly.

If AXA were using them to handle the claim then they would have my insurance details.

Surely I would have heard something before 2 years?

Sorry for the longness, just a bit confused!
Thanks if you've stuck with it this far, hope someone can answer some of my questions!

OP posts:
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LIZS · 21/09/2009 18:22

Soudsn very odd - I'd speak to your own insurer(Swiftcover) to check the matter is closed from their pov. Assuming so let Innovation try to pursue you through the proper legal channels. Unless you were found to have breached traffic regulations it would be hard for them to prove you were at fault.

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OldLadyKnowsNothing · 25/09/2009 22:46

I thought it was fairly widely accepted that if you rear-end someone, you're automatically at fault (because obviously you were driving too close to respond in a crisis.) As such, there's no way the lorry driver can claim you caused it.

I'd get back to your insurance company. Quite apart from anything else, this hassle and expense is what you pay your premiums for.

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paisleyleaf · 25/09/2009 23:09

I think the same as OldLadyKnowsNothing

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