someone trying to claim on your insurance

[beckyruby]

hi all,

can anyone help me, I've recently received a letter saying I have hit some ones car, this was before I even started driving as I've not long passed my test so therefore my car would not of had insurance, someone is trying to claim against me saying I hit them, the funny thing is they know my reg and what car I have, but i wasn't even on the road at this time so i really don't understand how? what do i do, im really worried as if this carry's on I've read i could get points on my licence for doing something i haven't done, what's the best thing to do, please help

[BeccaMumsnet]

Hi beckyruby - would you like us to move this over to our Legal Matters topic?

[beckyruby]

yes please

[Icequeen01]

Did you own the car at the time of alleged accident? If not perhaps it was the previous owner who was involved in the accident and the supposed injured party just took the reg of the car and since then the car has been registered in your name? If not I would speak to your insurance company as a matter of urgency. They can ask for further details which would hopefully help prove you were not involved.

[beckyruby]

hi, thanks for your help, i did own this car at this time, i spoke to my insurance they said they cant do much as i wasn't insured at the time, im trying to find proof of not doing this but i have nothing not even a receipt from a shop i was at as i was at home on this day, the person is trying to claim loss of earnings, injury and car damage and i know no such thing about it, i also read i could get a really high fine and points on my licence even to a ban.

[RoastChickenDinner]

I would imagine the onus will be on them to prove you did do it, rather than the other way round - innocent until proven guilty. If you are really worried try the CAB, a lawyer or even the police.

[beckyruby]

fantastic, but what if the police decide to believe the other person, I have no details of this person at all other than their first name I think I shall ring the persons insurance company and explain I have nothing to do with this, do you think that would help?

[RoastChickenDinner]

I don't think it's a case of who they believe, they would need evidence. To be honest it sounds like a scam to me. Have you heard of the insurance company?

[traviata]

I think you are right to contact their insurance company, but do it in writing. Cover your back all the time. Do everything in writing.

It might be a try-on. It might be a mistake. Either way, when the other person's insurance company discovers that you were not insured on that day, and that you absolutely deny even taking the car out on that day, there is every chance that the whole thing just stops there.

Because even if the other person is still insisting that you hit their car blah blah, their insurance company will not want to take it to court against someone who might not be able to pay any costs or compensation (even if the other person was able by some miracle to prove their case).

It won't be a matter for the police (although the other person might choose to report the allegations to them). The letter sounds as though it is about a civil claim for compensation.

[traviata]

Do you have legal expenses cover with your car insurance, or with your home insurance? If so, speak to them as well.

[beckyruby]

Hi thanks for your reply, it's all very strange I contacted the persons insurance company explaining the letter I received, they asked for my phone number to get in contact with me if needed, so I gave it to them and they said its abit strange as the person that is trying to claim on me has given that same number, I've been thinking so much as to how that person could of got my number, I put my car on gumtree with obviously my name and number that's the only way possible, it's horrible who would do such a thing, I can't prove anything