Car accident claim reopened 2 years later

[Youhavetobekidding123]

I’d love advice on how this could happen.

About 20 months ago my partner and I pulled into a lay-by next to a shop and I ran into grab something. (One of those lay-bys off a larger road). He stayed in car, all switched off.
An old lady drove past us and scraped the side of the car while I was inside.
it was annoying but wasn’t huge damage, swapped contact details etc. Our car was off and stationary. A nearby woman came up to me and said she’d seen it and gave me her number as a witness.

however we didn’t need it, as reported to insurance, had the damage re sprayed as a “no fault claim” job done.
Until today almost 2 years later we get a call from our insurers saying the lady has now said we pulled out of the space as she drove by that’s why she hit us!

can she just change a story so long after?!
we have the witness details but this happened so long ago it would be so random to contact her. I just can’t get my head around the fact a story can be changed and something which was wrapped up and we had t heard a thing on for years is now re open and we may have to go to court to defend.

I don’t know how the insurance systems work internally - is this really allowed?

I recently had a bump and the insurance said a claim could be made for up to 6 years.

I think the lady is trying it on. Tell the insurance everything and do get in touch with the witness and explain to them.

It's not up to you to contact the witness. Give the details to your insurance company (I assume you did this anyway when the claim originally went in) and let them deal with it.

She has probably now hit someone else and is trying to now get your claim down as your fault. Pass the witness contact details to your insurance and let them deal with it.

She's within her rights to open the claim again, the limitations act is 3 years for a RTA I believe. It doesn't mean she'll get anywhere. You may end up in court if this cant be settled out but with a witness im sure she wont win. Just pass the details to your insurers, its not up to you to contact the witness.

Hello! I’m a defendant insurance lawyer, finally my moment to shine on here 🥴

For property damage claims, you have 6 years from the date of accident to issue court proceedings (known as ‘bringing your claim’). For personal injury claims, you have 3 years.

If I’ve read your post correctly, her insurers reimbursed your insurers for the cost of the repair to your vehicle, which is why it went down as a non-fault incident. It is likely that she has now instructed a solicitor or claims management company to make a claim for injury and/or vehicle damage.

In the first instance, your insurer should be referring to the fact that the other driver’s insurance have paid out for your repairs as a good indication that they believe that she was at fault.

You may also want to consider contacting the witness yourself - another person has said that it’s for the insurers to do and they will of course do it if you ask, but a lot of people don’t accept calls from withheld or unknown numbers - you might consider sending a text if it’s a mobile number you have for her along the lines of ‘hi, I’m sorry to contact you out of the blue but you witnessed an accident outside of X shop about 2 years ago and the other driver has now tried to claim against us so we’re trying to get the evidence together to defend the claim. Would you be happy to give a written account of what you saw?’ - I know I’d be more likely to cooperate with an insurer if I’d had advanced notice, especially given how long has passed.

feel free to message me if you need any help - things like this are horrible!

You’re allowed to contact the witness yourself. I would contact them and explain. And then let them know you’ll pass their details onto your insurance company.

The lady is obviously pulling a scam, perhaps with the assistance of one of those shark claims companies.

I'd think she was probably contacted by those "have you been in an accident" scammers who have told her to try and claim for this or that. Sounds like she's chancing it, thinking she might get something out of it. But as you've already been advised, the fact your insurance claim was settled as no fault on your part, she won't get anywhere.

He insurance price has probably sky rocketed and she's trying to get it off her record.

My friend recently had to go to court for an incident with an odd lady that had taken place over a year ago. I think they were trying to take her license away which lead to her changing her story so maybe something similar here?

Mummasals

I love the fact you've been able to shine and give comprehensive advice on the matter

It’s extremely sad how much happiness it gives me to be able to help someone with insurance lark - insurance is something we are forced to have and we only use it when the worst happens so in my view it’s important to make sure that the process is as simple and ‘human’ as possible.

Sounds like she has forgotten the paperwork she must have filled in a couple of years ago hence the no fault repair of your car. That’s worrying given her age. I hope she has not got dementia.