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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:
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.

mumda · 22/05/2024 16:59

Google timeline?

Emails sent? Zoom meetings? Look through calendar!

wonderings2 · 22/05/2024 16:52

A bit of long shot but would he have taken a photo on his phone that day that shows his location? Or would have gone to the local shop or ordered food to be delivered - if you can go that far back on his bank statements you mind something youve forgotten about. I agree that the insurance company should be handling it but in my experience its up to do to find evidence unfortunately

Isometimeswonder · 22/05/2024 16:27

Ethylred · 22/05/2024 15:10

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

Some of the "randos" on here are actually lawyers etc. So may give good advice.

PotentialNeighbour · 22/05/2024 16:27

Can you look at your credit card statement for the day in question? Local transactions on the day? Photos taken on phone locally (if an iPhone will track). Did your DH actually own the car on the incident date? I bet it’s a recoveries claim and the insurers/sold have done a DVLA search to get the registered keeper details at the time. They can’t go to the MIB as it’s a subrogated loss.

listsandbudgets · 22/05/2024 16:26

Are there no minutes of the online meeting or better still an archived recording of it?

TammyJones · 22/05/2024 16:25

Grainyawaydays · 22/05/2024 13:27

We are still we with the same insurer.
Ive just asked DH and he says there’s not a time of accident so we don’t actually no when she alleging this to have happened.

Apparently it isn’t very expensive to take someone to court and her possible gain is £14k… wondering if it is a scam after all.

Scam

Khanga27 · 22/05/2024 16:21

@Grainyawaydays if your DH was WFH could check record of work calendar. As well as this, could look at google maps at his timeline which may have a record of where he was that day as well (should still save if he’s changed phones since then, if switched on).

Genevieva · 22/05/2024 16:21

This is not what the small claims court is for. It also looks like there are data protection breaches.

Nanny0gg · 22/05/2024 16:20

Grainyawaydays · 22/05/2024 13:38

It looks like she is saying that the car was damaged to the tune of £12k but she didn’t have it repaired and she’s claiming for depreciation of the car so when she sold it she sold it for £12l less? It’s so weird.
It is also weird that her insurance never responded to ours.

Wouldn't £12K of damage likely be a write-off?

This does seem to have Scam written all over it

What do your insurers say?

WoodBurningStov · 22/05/2024 16:17

peakygold · 22/05/2024 15:25

I would inform the Police on the basis it is a scam.

This with bells on.

Your insurance haven't paid out, sounds like they are trying to scare you into offering to settle outside of court. Doubt it would make it to court if you simply refused. But I would report it to the police

MyFirstLittlePony · 22/05/2024 16:12

@PickledPurplePickle you are wrong

Look it up

PickledPurplePickle · 22/05/2024 15:33

DVLA don't give out address details

BoudiccaOfSuburbia · 22/05/2024 15:30

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).

What a chancer. If someone hit you and drove off you would (successfully) claim on your insurance. Whether or not you had any details.

peakygold · 22/05/2024 15:25

I would inform the Police on the basis it is a scam.

GerbilsForever24 · 22/05/2024 15:11

Not quite the same situation but we were in a similar situation a few years ago. Just forward all the details to the insurance company. They are there to manage any claims against you, including in this case. We kept getting letters from the other woman's solicitor insisting we pay x or y would happen. it was so stressful. But each time, our insurance comapny would tell us to send it to them and they'd deal with it.

in the end, they paid a barrister to go to court with DH and sort it out.

So doing what you can to prove you weren't anywhere near is not a bad idea in case you need to pass that information along to the solicitor/insurance company. Depending on the company your DH works for, they might have ISP info on where he logged on from that day. Also, notwithstanding the meetings, did he not send any messages/emails during the day that could be pulled?

Ethylred · 22/05/2024 15:10

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

RawBloomers · 22/05/2024 15:07

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.

Pretty sure they should take over the case for you. You were insured at the time of the accident and that’s what you have insurance for. Her failure to follow the usual process shouldn’t negate your contract with them.

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.

OP posts:
Hoppinggreen · 22/05/2024 14:57

I stand corrected - it does sound like you can just contact DVLA, say you havve been a victim of a hit and run and they give your address.
Sounds very dodgy

Hoppinggreen · 22/05/2024 14:04

I can't undertsand how she could have got your address, the DVLA wouldn't give it out

DistinguishedSocialCommentator · 22/05/2024 14:04

goingtotown · 22/05/2024 13:52

Small claims are £10,000 maximum.

Exactly that

To make a different type of EG a personal claim costs laods more

Bumblebee907 · 22/05/2024 14:02

She's an absolute chancer.

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

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