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Original poster

To ask for advice - legal / driving DH being taken to claims court

139 replies

Grainyawaydays · 22/05/2024 13:04

Around two years ago DH had notification from his car insurance that someone 300 miles away was making a claim against him. He was 100% home all day that day and we weren’t notified of the claim until about three months after it had gone in and he’d actually had a new car by this point. He trades them fairly regularly due to his line of work.
insurance said they would fight it and eventually it was closed about 18 months after the alleged accident.
He has received a letter today from the small claims court and the other driver is alleging he caused £12k worth of damage to her car and she didn’t get his details because he fled the scene. She is now taking him to court personally for £14k (£12k plus costs incurred).
Hes on about his fourth car since this happened and we have no way of proving that this wasn’t him. But equally she can’t prove it was - because it wasn’t! The police don’t seem to have been informed and I do think if someone caused £12k of damage to my car and drove off I’d have informed them at the time.
we can only assume she has recorded the reg incorrectly - since she’s saying it was a fairly major crash but the other driver left the scene? So it’s possible she hasn’t recorded the correct reg in the moment. Or it was a cloned plate.
Any advice? It looks like DH is going to have to go to court - 300 miles away - and get a solicitor.

OP posts:
ultraviolet4753 · 22/05/2024 23:46

Google Maps has records of your journeys if you used it, and you can go in your history and will tell you where you were on certain dates, for how long.

I'm not sure if it records your location on there from GPS, just if you used the app to navigate.
Worth a shot, I used it to confirm where i was on a certain date.

beenwhereyouare · 22/05/2024 22:15

You mentioned he's had several cars since then. When he sold or traded that car, there should be documentation or a witness to indicate it wasn't damaged.

Sunnyandsilly · 22/05/2024 22:04

My husband had something like this, the man tried to get him to settle out of court in the end, my husband had done nothing, it was very odd. He told the man he was going to the police in the end, and he did. We heard no more.

let your insurer handle it, and beware an attempt to settle may come through.

Fauxflowersnoflowers · 22/05/2024 21:54

Also reckon this is a scam. Even if it was a cloned number plate, you would have expected there to have been a police report at the time.

You almost certainly do not have anything to worry about, but I do get the anxiety it is causing.

As much as creating your own defence, what do you know about her?

If you have her name and address, could you find her on social media? Are there pictures of the allegedly damaged car? Are there photos of it from after the crash showing no damage? Has she commented online before about coming into money through a claim? Does she have a profession that has requirements for a high degree of trustworthiness? Something that would require a criminal background check? Something that a fraud conviction would result in her being fired?

I also agree with those who say contact the police, there could be a pattern of behavior where you aren't the first person who has been pursed like this.

A little bit of offence might strengthen your defence. 😉

SilentSilhouette · 22/05/2024 21:50

Grainyawaydays · 22/05/2024 21:04

We did originally and they closed it.
We’ve now had a letter from the court.

we have gone back to our insurer’s but I just wondered if anyone else had experience similar circumstances or had advice.

No, he’s never been there. We have her address and the location of the alleged crash and it’s on a massive housing estate.

Phone the court tomorrow to check if its genuine.

You do need to respond to court papers but also consult your car insurers regarding this. Don't ignore it as they might win my default otherwise!

You have more than enough evidence to show it wasn't your DH so just present that if you need to.

Tetchypants · 22/05/2024 21:39

Grainyawaydays · 22/05/2024 20:48

No one else would have been driving his car - it was here on the drive.
the insurers advised us not to respond and we didn’t - we have that on an email paper trail.
We originally sent the car journey log which showed the car only made one journey that day, about two miles away. Dh’s boss sent a letter confirming he had been on multiple calls throughout the day from home.
Hes never been to that area.
The insurers closed it on the basis that there was no response from the claimant.

If you can prove he was near home at 9am, and work have confirmed he was in meetings that day, how can he have got 300 miles away? I’m a bit confused.

2dogsandabudgie · 22/05/2024 21:29

This sounds like a scam. If her car was damaged to the amount of £12,000 and the other driver fled the scene surely she would have contacted the police. It's even stranger that she didn't get it repaired. What damage was there to her car?

Manxexile · 22/05/2024 21:27

Grainyawaydays · 22/05/2024 13:15

He’s gone back to the insurers and they’ve asked for copies of the paper work.
Maybe it’s not small claims - maybe it’s just a personal claim and I described it incorrectly. It’s definitely for £14k

I'm sure someone will already have given this advice, but what he needs to do is to notify his insurer at the time of the alleged accident that he's received a claim and then he must pass it all over to them. They will deal with it.

If he tries to do anything himself he might risk breaking the T&Cs of his insurance which will almost certainly say the he must notify them immediately of any claim and pass management of the claim over to them.

Obviously he will need to cooperate with the insurance company but this is their problem - not his. He won't need a solicitor as his insurer will provide all the help he needs. This is why you pay for insurance in the first place

whynotwhatknot · 22/05/2024 21:19

12k worth of damage woulnt that be a rightoff

sound slke someones trying it on

its either an error or she just trying to get money-up to her to prove it was your car

DistinguishedSocialCommentator · 22/05/2024 21:11

BTW - most likely it was a cloned numberplate that had the accident it happens

DistinguishedSocialCommentator · 22/05/2024 21:11

fair enough

personally as you have evidence re your insurance ex=cahnges and they close - plus you gave them proof at the time the car was at your address etc - let the insurance deal with it - get a new reference number etc and a name to help you - they will ask you to forward the papers etc and keep in regular contact

if we received something like that - initially we'd be worried but after a quick call to the insurance co and as we would have given evidence at the time it was all a load of tosh - we'd not be worried

importantly danger to that extent and claimed hit and run will have a crime number and the insurance will be aware -unless the claimant failed to respond to all contacts by your insurance -

IMO you have nothing to worry about as your ins was looking into and thankfully your provided evidence at the time your oh was at x and the car was also at x - so no case - but I can imagine the initially worry etc

bottom line leave it to your insurance unless you want to spend money on a solicitor but I am not sure what they can do

btw what evidence did you provide that OH was at home as well as car?

IdisagreeMrHochhauser · 22/05/2024 21:06

Could it have been the person who had the car after him and she's fiddled the date of the accident which is why it's ended up with you?

Original poster
Grainyawaydays · 22/05/2024 21:04

We did originally and they closed it.
We’ve now had a letter from the court.

we have gone back to our insurer’s but I just wondered if anyone else had experience similar circumstances or had advice.

No, he’s never been there. We have her address and the location of the alleged crash and it’s on a massive housing estate.

OP posts:
DistinguishedSocialCommentator · 22/05/2024 21:01

why have you not told the insurance to act on it as its their or the thrid parties faculty

has that car your oh been 300 miles up that way on or about that date??

Original poster
Grainyawaydays · 22/05/2024 20:48

No one else would have been driving his car - it was here on the drive.
the insurers advised us not to respond and we didn’t - we have that on an email paper trail.
We originally sent the car journey log which showed the car only made one journey that day, about two miles away. Dh’s boss sent a letter confirming he had been on multiple calls throughout the day from home.
Hes never been to that area.
The insurers closed it on the basis that there was no response from the claimant.

OP posts:
DistinguishedSocialCommentator · 22/05/2024 20:42

DistinguishedSocialCommentator · 22/05/2024 14:02

Ok

A hit and run often results in and would have resulted in a police contract and a crime ref number, fact

Often, the victim would be asked to describe the hit and run person/s - that would be in her report

In your defence OP, I bet you she described a different bloke wearing different clothing of different weight, height facial features

Importantly, as the OP's ins was dealing with this - they need to be contacted and made aware of this and ensure they understand that your was advised in writing etc "case closed, no further action."

Let the insurance deal with it

OP, because of the line of work re your OH - does anyone else drive the same cars on his behalf??

What evidence did you provide your insurance to make them accept the fact your OH and the car was diffinetly hundreds of miles away from that area??

Has you OH ever been in that area and if so when??

Importantly, your insurance would have had to have evidence to state the car and the driver, ie your OH was not 300 miles away

Op

last try as the questions i have raised are important

I have also noted that you are now saying it was the car that was there and not your OH

The important question is has your OH or car ever been to that area 300 miles away on or about that date and why, on what basis did your insurance close the case

What has your insurance stated as that's the first port of call for almost everyone!"!!!

Original poster
Grainyawaydays · 22/05/2024 20:38

I’ve googled their solicitor. They are employed through aviva- they have 113 one star reviews for being awful. Saying they do nothing and don’t respond. So maybe they haven’t replied to our insurers.

OP posts:
aplthtoa · 22/05/2024 20:30

Surely the onus is on them to prove the car was there, not on you to prove it wasn't, if they don't have that how can it possibly stand?

Original poster
Grainyawaydays · 22/05/2024 20:28

it also states that it is the car not the driver. So even proving DH was here does not prove his car was here.

OP posts:
ArmchairPhycologist · 22/05/2024 20:27

https://www.westyorkshire.police.uk/ask-the-police/question/Q1085

All your updates about her make it sound bogus AF.

DO NOT fill in any forms or provide other info until you have confirmed with the court service that it is actually genuine. And definitely don't use any contact details from the letter.

I have received a letter with regards to a fine from HM Courts & Tribunal Services regarding a road traffic offence that I am alleged to have committed. I know nothing about this offence. What should I do? | West Yorkshire Police

https://www.westyorkshire.police.uk/ask-the-police/question/Q1085

Original poster
Grainyawaydays · 22/05/2024 20:27

We have car tracking from the day showing DH was here at 9am because he dropped our child to school. He did no other journeys that day - he’s already sent that to the insurance company. His tracking was logged to his phone.

OP posts:
Original poster
Grainyawaydays · 22/05/2024 20:20

They are seeking to claim a reduction in vehicle’s value due to damage of £11825
plus interest.

OP posts:
Original poster
Grainyawaydays · 22/05/2024 20:19

The document has come directly from the court. It says more than £10k and less than £15k.
it says correspondence was sent to us but no response was received. we haven’t had any correspondence. The insurers were dealing with it and they advised if we did receive anything not to respond.

It says HM court and tribunals service - specified money claim. It comes with a lot of forms to fill out around dh’s income. We have an email from AA (our insurer) saying the claim was closed because they couldn’t get any response from the third party solicitors and the claim was removed from dh’s insurance.

OP posts:
Rockschooldropout · 22/05/2024 19:30

So she claims 12k worth of damage was caused to her car and she didn’t get it fixed ?! She drive around with what was essentially a written off car ? Plus the police weren’t notified either ?
pull the other one ! She’s a scammy chancer .. the whole thing stinks .. I’d follow the advice above re making sure your DH files his defence etc and personally if this goes to court , your scammer won’t fair well

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