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AIBU?

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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:
AhBiscuits · 22/05/2024 19:16

As the Defendant he can request that it's transferred to his home court when he files the allocation questionnaire. She'll need to prove her claim, which she can't. Try not to worry.

JoshLymanIsHotterThanSam · 22/05/2024 19:11

I would certainly check his bank statements first off and see if he used his card to pay for anything that day which could prove his location.
And then check Google timeline-it’s pretty damned accurate.

ArmchairPhycologist · 22/05/2024 19:05

Have you called the court the letter purports to have come from to check details? Not from a number on the letter I mean, search online for the court details and call.

If it was an email you'd assume scam wouldn't you, why not with a paper letter?

Mumofoneandone · 22/05/2024 19:01

MikeWozniaksMohawk · 22/05/2024 18:57

If you have been served with a claim form and particulars of claim (they may be in a box on the claim form) then please make sure you don’t miss the date to acknowledge service / file a defence. If you do your DH will be at risk of a default judgment against him which could turn into a CCJ. Even if you think your insurers are handling it, keep on top of those dates and make sure the claim has been responded to.

if it just a letter of claim that is different.

Really good point. If they do manage to get a CCJ against you, it's a pain but you are able to get it cancelled in certain cases!

MrsClatterbuck · 22/05/2024 19:01

Wonder if this person has gone to one of those no win no fee companies. I know of someone who was involved in an accident which wasn't their fault. Someone drove out of a junction into them as they were passing it. Dealt with by insurance. A couple of years later the people whose fault it was put in an injury claim for 6k.

Don't know how it panned out but told my mother whose friend was a passenger in the car which got hit while just driving along the road that it was probably one of those no win no fee companies and they thought here is a chance to make some money even though the accident was totally their fault.

Mumofoneandone · 22/05/2024 19:00

Awful situation - fully engage with the court process, sending in any supporting documents and your side of the story. (The insurance company's closing of the case etc will help).
The lack of evidence on their side is highly suspect and the delay in making the claim is probably a tactic. Ie less likely to have evidence of where you were that day!
Make sure you make it clear that you will claim for any expenses incurred in travelling/fighting the claim. It might make them think again.
Often someone will choose a court close to them/miles away from the defendent in the hope they will just pay up.
Good luck!

MikeWozniaksMohawk · 22/05/2024 18:57

If you have been served with a claim form and particulars of claim (they may be in a box on the claim form) then please make sure you don’t miss the date to acknowledge service / file a defence. If you do your DH will be at risk of a default judgment against him which could turn into a CCJ. Even if you think your insurers are handling it, keep on top of those dates and make sure the claim has been responded to.

if it just a letter of claim that is different.

CatNoBag · 22/05/2024 18:55

How often do you take photos? I'm a bit ridiculous in taking photos of random things like my dinner, a nice tree etc. Worth checking your photo stream and seeing if there's anything from that date that would show where you were (the photo will have location info embedded)? Or your social media etc?

Lampan · 22/05/2024 18:50

There would surely be a record of the extensive work that his car would have needed after such a bad accident? Does anywhere store car service history in the same way that MOT records are stored?

Commonsense22 · 22/05/2024 18:49

Could you counter sue? Or at least reach out to insurance /solicitors to say that it really wasn't him and in the event of phone /other digital records being analysed it will be proven, so do they really want to go to court with this?

Does he have emails or chat records sent around the time of the crash that don't require digital forensics? WhatsApps, social media posts?

Toxicinlawz · 22/05/2024 18:45

Ethylred · 22/05/2024 15:10

FGS ask an actual lawyer and not a bunch of anonymous randoms on the internet.

Heyyyyyy.... we do our best 🤣🤣🤣🤣

GeminiGiggles · 22/05/2024 18:45

Google maps timeline seems like it'll be helpful I've just checked mine and it goes back to 2015 which waaaay predates the time I got this phone. So long as he uses the same Gmail account from the time he should be able to pull that up.

FrogTheWarrior · 22/05/2024 18:44

Yeah, this doesn’t sound right at all.

SlightlygrumpyBettyswaitress · 22/05/2024 18:43

I expect its coming up to the 3 year limitation for an injury claim, hence the proceedings. It's odd though, your insurers have denied you being involved and would have asked for a description. Also presumably would have stated him wfh many miles away. Its clearly either wrong reg or cloned vehicle. If it was cloned you'd probably have had parking/speeding tickets. You'd have thought her solicitors would have just put it to the MIB as an Untraced Driver cade. More likely they have sat on it and done nowt and are now issuing just in case.
In any event your insurers will deal with it

Whatadipstick · 22/05/2024 18:42

Grainyawaydays · 22/05/2024 13:14

Ive checked my diary and I was at home that afternoon when it allegedly happened… but I’m not an unbiased witness. He was basically working at home all the time then as we weren’t far out of the pandemic.
No, he’s never been to the location of the alleged accident.
The issue with it being two years ago is we don’t have anything from that date that I can think of that would ‘prove’ it. He had online meetings that day so he could possibly go back and ask people there if they’d vouch for him but I doubt anyone would actually remember 100% that day if they saw him.

Would his work not have a TEAMs log? I know my work can restore old chats etc.

BiscuitCheeks · 22/05/2024 18:38

Contact your insurer at the time of the alleged incident who dealt with it previously. They will deal with the small claims court.

Havanananana · 22/05/2024 18:31

Grainyawaydays · 22/05/2024 15:04

It’s all dodgy isn’t it?
The insurance closed it without paying out to her because they said there was no evidence and they’d asked for further information / photos of her car damage / info around the alleged accident and had received nothing.

Which also seems odd?

It closed a few months back and we assumed they was it. We have informed them of this turn of events and will see what they say.

Car insurance will include legal assistance insurance for motoring issues.

All your DH needs to do is forward a copy of the letter to his insurance company and let them deal with it. There is nothing else that he can do at the moment, although gathering some evidence of where he was on the day in question would be very useful - diaries, meeting minutes, credit card or petrol/supermarket receipts etc. Your insurers have lawyers who deal with this sort of thing every day - and insurers also work together to identify scammers.

So for now, contact your insurers and listen to whatever they advise.

Londonrach1 · 22/05/2024 17:54

Report to police...it's a scam...let your car insurance deal with it

rwalker · 22/05/2024 17:51

Couldn’t you just refer it back to insurance they already have the details

theilltemperedclavecinist · 22/05/2024 17:40

SilentSilhouette · 22/05/2024 17:19

Every time you use a mobile phone it triangulates to an area which would show he was at home or near home. No idea how you'd get that info but I've seen it used in a court case to prove location.

How far away is this location? Was it exceptionally rural with no cctv??

Just respond to the case saying he has never been to that area, he was working from home that day which his employer will verify, his car has never sustained any damage and has not been borrowed by anyone nor stolen and it was on the drive all day on the day of the alleged accident.

I'd then say it's quite clear that the prosecution have clearly written down the wrong number plate and you are not the person they are looking for which has already been verified by the insurance company.

In a court it's up to them to prove beyond reasonable doubt that he did it which they can't.

Will be balance of probabilities, not reasonable doubt.

She's still got no hope without actual evidence. Leave it to your insurers.

crenellations · 22/05/2024 17:34

frankentall · 22/05/2024 17:00

A lot of people seem to be forgetting that the onus of proof is on the claimant in this case. Her personal contention about events and identities etc are just that without any actual evidence which she obviously can't have if the OPs DH wasn't there.

True but I'm sure it'd help the OP's piece of mind if OP had a piece of evidence up her sleeve!

Cactiverde · 22/05/2024 17:33

Surely your husbands car would have had significant damage if he was involved in this, is there anyway you can prove it didn't? I know you said he's changed car, but when he sold it, it would have been obvious if it had been involved in a substantial accident?

TammyJones · 22/05/2024 17:25

Can't quiet remember but we had something similar- including fake photo.

My son showed me just our easy it was to do....
We told them to sling their hook.
Never heard of them again.
Damage on a roundabout

SilentSilhouette · 22/05/2024 17:19

Every time you use a mobile phone it triangulates to an area which would show he was at home or near home. No idea how you'd get that info but I've seen it used in a court case to prove location.

How far away is this location? Was it exceptionally rural with no cctv??

Just respond to the case saying he has never been to that area, he was working from home that day which his employer will verify, his car has never sustained any damage and has not been borrowed by anyone nor stolen and it was on the drive all day on the day of the alleged accident.

I'd then say it's quite clear that the prosecution have clearly written down the wrong number plate and you are not the person they are looking for which has already been verified by the insurance company.

In a court it's up to them to prove beyond reasonable doubt that he did it which they can't.

butterpuffed · 22/05/2024 17:06

It all seems very odd ~ if her car had £12,000 worth of damage two years ago , and left unrepaired , surely it wouldn't be driveable let alone saleable , more likely to have been written off .

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