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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 14:01

This is over the small claims limit but for small claims you can ask to move any court hearing to your local court so no need to travel.

GnomeDePlume · 22/05/2024 14:01

Are you sure it is a genuine letter from the small claims court and not just a phishing expedition?

PatriciaHolm · 22/05/2024 13:59

All he needs to do is pass it back to the insurance company - that is why you have one! They will deal with it.

WaltzingWaters · 22/05/2024 13:56

Sorry no help with the specifics but sounds crazy that she could just say that any number plate has crashed into her car and caused this damage without any evidence of it or without informing the police back then. I can’t believe she’d even have a leg to stand on with this.

WoodBurningStov · 22/05/2024 13:55

Sounds like she's trying her luck to get any money out of him. I'd confirm with work that he was indeed working that day. If the insurers have closed the case it's highly unlikely a judge will think differently.

My guess is she's hoping to panic him and that he'll offer her an amount of money. I'd just wait for the court date - but I doubt it will ever appear

feellikeanalien · 22/05/2024 13:54

I had this OP. I had a letter from my insurance company to say that, apparently, I had been involved in an accident in Glasgow when I wasn't even in Scotland. Luckily I had CCTV footage from DDs school of me dropping her off there.

In the end it turned out they had got the wrong registration by one number but he police had also been involved so it was slightly different to your DHs situation.

This sounds very odd. If so much damage had been caused why did her insurers not respond and why were the police not notified?

I would pass it on to your insurers but you could also check to see if you have any legal cover under any insurance policies if you do need to instruct a solicitor.

goingtotown · 22/05/2024 13:52

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

Small claims are £10,000 maximum.

WetBandits · 22/05/2024 13:52

Does he have an iPhone? I’ve changed phones in the last couple of years but have just scrolled back through my camera roll and found a random photo from a couple of years ago and it shows the exact location I took the photo in. He would have to have taken a photo on that date, though.

Or would he have had to pass a toll (e.g. Dartford Crossing) to have got to where she alleges he was? If so, there’d be no record of him crossing on that date.

RawBloomers · 22/05/2024 13:43

Surely your insurance company should be handling this?

Toxicinlawz · 22/05/2024 13:41

Grainyawaydays · 22/05/2024 13:36

Not sure how she got our address actually - through the DLVA? I don’t know.
DH is asking work if they can review where he was in terms of data and where he joined the meetings from. He’s worried she could just say he’d joined them there.

She could but it would be highly unlikely especially if the area is so far away... what would your hubby be doing in that area driving but working on teams at the same time. Not likely.

SlipperyLizard · 22/05/2024 13:39

If this is the first he’s heard then she already hasn’t followed proper procedure, as she should have sent him a “letter before action” before commencing proceedings.

It will have cost her £700 to start the claim.

If she isn’t using a solicitor then suggest you don’t either (at least at this stage), if you do you will soon wish you’d just paid her the £14k.

Gather the evidence that you can and make sure you submit a defence by the deadline.

rwalker · 22/05/2024 13:39

The problem with asking for colour and description she only has to type reg into dvla site and it tells you colour and make

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.

OP posts:
lemons44 · 22/05/2024 13:37

PBandJ111 · 22/05/2024 13:18

If he was on MS Teams calls you can get attendance reports. That may help.

This is what I was thinking, but I think you have to have been the organiser to see the report. You have to go into the calendar in teams, scroll back until you find the meeting, double click the meeting and on the next screen click 'chat' it should then display an attendance report if he was the organiser. If not surely he can contact the organiser to download it for him ?

Grainyawaydays · 22/05/2024 13:36

Not sure how she got our address actually - through the DLVA? I don’t know.
DH is asking work if they can review where he was in terms of data and where he joined the meetings from. He’s worried she could just say he’d joined them there.

OP posts:
Lithgow2000 · 22/05/2024 13:35

I think it costs a lot of money to go to court, especially because if you lose you have to pay the other persons fees. 12k is a huge amount of damage, all seems very strange.

HirplesWithHaggis · 22/05/2024 13:35

DistinguishedSocialCommentator · 22/05/2024 13:29

what are the "costs of 12k incurred"???

The £12k was damage to her car, with an extra £2k for "costs incurred" - maybe legal advice, cost of retrieving and storing car, hire car?

Cbljgdpk · 22/05/2024 13:34

How did she get your address? Surely insurance companies don’t give this out. It’s very much on her to prove that it was your DHs car and that he was driving that day; I can’t see how she could have any proof in this situation. I also think that she has to provide all the evidence to you beforehand so you’ll know what (if any) she has and the details from your insurance company go in your favour. Wait to see what evidence she has before doing anything.

Chocolateorange22 · 22/05/2024 13:30

If he was working from home would I.T hold anything information to the IP address he was using or VPN? I'm no computer wizard but maybe his employers have something that can prove he was using your internet at home?

MustDust · 22/05/2024 13:30

I have a different phone than I did 3 years ago but my Google maps timeline goes back that far and shows me where I was, might be worth looking at?

DistinguishedSocialCommentator · 22/05/2024 13:29

what are the "costs of 12k incurred"???

Crumpleton · 22/05/2024 13:27

Grainyawaydays · 22/05/2024 13:21

He has a different mobile but the same number?
I think we need to probably see if work will give any data.

I can't see why they won't help out.
A friend sold a car but kept getting speeding tickets /parking fines through and her work boss sent information to the police to say that she lived no where near the alleged offences and he could prove from work sheets that she was at work on all days/times.

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.

OP posts:
Marblessolveeverything · 22/05/2024 13:24

Pass to insurance and request information from work on his log in.

DistinguishedSocialCommentator · 22/05/2024 13:24

contact the insurance that you were with at the time
how about mobile phone record data??

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