Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this claim is ridiculous!

54 replies

CatchingBabies · 01/09/2017 18:14

Last year I was involved in a minor car accident. Misjudged my braking distance and bumped into the car in front of me as they rolled back at the same time. They were exiting a roundabout on a hill. Tiny tiny bump at less than 5mph and no damage to either car. We stopped, exchanged apologies and went on our way.

Now 10 months later I'm told the other driver has submitted a claim against me. They claim that because of the accident they are suffering anxiety, depression, intrusive thoughts and flashbacks. I have been asked to submit a defence.

It's a bloody joke! A tiny tiny bump that caused NO damage to either car, NO injuries to either driver and I'm supposed to believe that 10 months later it's having such a major effect on her mental health, really?

It seems more likely that she's seen one of these no win no fee lawyers and thought she may as well chance it. How do I possibly defend this? Does she have a claim?

OP posts:
Overworrier · 01/09/2017 18:16

Been there & experienced that with my DH.
The case was thrown out because we managed to dig up the claimants history of doing this. Can you get your insurance co or anyone to investigate?

Pengggwn · 01/09/2017 18:16

This reply has been deleted

Message withdrawn at poster's request.

CatchingBabies · 01/09/2017 18:21

The problem is I've since changed insurers and my car. I could have proved there wasn't a single scratch on the car but now it's been sold. And they had a big car whereas mine was a corsa so any kind of impact and my car would have born the damage. It was such a slow collision that I wasn't even sure if we had collided or not at first, no jolt etc.

Do I contact my new insurer or the one I was with at the time.

OP posts:
MrTrebus · 01/09/2017 18:23

Did you exchange details and make insurance claims or make insurance companies aware? Honestly I'd just say I have no idea what they're on about I've never been in any accident it's an all out lie. Unless you did contact insurers at the time. I know that then you'd be lying but it would be worth it to not let them have their false claim!

GreenTulips · 01/09/2017 18:24

Existing insurer and previous one

Refute the claims - companies are wise to these now -

I reversed into a car less than 5mph and hit the rear door - slight scratch on mine -

The driver was parked across a driveway

He wasn't even in the car and claimed whiplash

Luckily in was school leaving town and I knew the witnesses who said the same

Good luck but your insurance company should deal with it all

CatchingBabies · 01/09/2017 18:25

Yes I notified my insurer at the time. Letting them know I had been in a bump but there was no damage or injuries. Have heard nothing since until this letter.

OP posts:
Alittlepotofrosie · 01/09/2017 18:27

Make sure they know that the other car was rolling back at the same time. If the insurers really want to they can track the current owner of your car and ask if they will agree to it being examined. But they'll probably just pay it. They might not do, the courts are starting to crack down on this sort of bollocks. Contact the insurer you were with at the time. Make sure they know there was no jolt.

Manclife · 01/09/2017 18:27

One you were with at the time.

CatchingBabies · 01/09/2017 18:27

The claim is from a no win no fee personal injury lawyer not her insurance company. Is that relevant?

OP posts:
Manclife · 01/09/2017 18:29

Not really. I wouldn't worry either. They'll check your reply, push a bit with insurance and then bin the claim.

CatchingBabies · 01/09/2017 18:31

So is there anything I need to do now? It says the claim has been sent to my insurer but I'm no longer with them. My contact details havnt changed though so they will be able to contact me if they need to.

OP posts:
DubaiismyBlackpool · 01/09/2017 18:32

This is happening so much now I just hope it gets clamped down on OP.
I ran into someone doing less than 5 mph last year. No damage to either car, we exchanged details, the other driver was in the car with his brother and 2 under fives. 4 months ago, my insurer asked me who was in his car and was I sure, would I sign a statement? Duly did. The guy was not only claiming whiplash, etc for him, his brother, the 2 DC but also for his WIFE, she wasn't even in the car.
I have no clue what the result was but I was fuming!
I hope it's sorted out for you soon OP.

safariboot · 01/09/2017 18:32

Definitely seems ridiculous. But IMHO don't argue that. Just state the facts of the collision, as complete and accurate as you can remember. Provide whatever supporting evidence you can; dashcam footage that would be excellent, post-accident photos, any relevant servicing/mechanic reports would be evidence your car suffered no damage.

In particular, you say they rolled back. State how far the rollback appeared to be. Also, state how many people your saw in the car and whether you clearly saw any empty seats.

There's a chance your insurer will just roll over and pay, and then spike up your premiums. Mine did in a slightly more severe but still minor accident, outright telling me it would cost them more to fight the case than to settle. I don't know if you have much if any right to stop your insurer doing that, even though it will affect you financially.

CatchingBabies · 01/09/2017 18:41

Problem is I don't have all that evidence now the car is sold. I would have done at the time. Just searched the woman on Facebook and found photos of her at foam parties, an F1 track, on rollercoaster as and doing some sort of supercar driving experience. So her anxiety and flashbacks are clearly nothing to do with cars, speed etc. This no win no fee stuff just encourages these chancers. So frustrating!

OP posts:
CatchingBabies · 01/09/2017 18:42

My insurer couldn't now raise my premiums as I'm with a different insurer, or do you mean my current insurer could do so?

OP posts:
Alittlepotofrosie · 01/09/2017 18:48

Send all the Facebook stuff to the insurers if they get in touch. Take screenshots.

Amber0685 · 01/09/2017 18:49

Earlier this year an insurance company rang and asked if they could come and look at my car, I bought it second hand and the original owner was from up North, I saw his address on the paperwork. They came to my house had a look, no damage they said, I said photos were fine which they took, I guess the person claiming didn't win.

PyongyangKipperbang · 01/09/2017 18:53

Definitely take screenshots of the FB photos. Hard to claim flashbacks etc when driving if she was doing a driving experience after the accident.

SleepVampireVictim · 01/09/2017 18:54

I'd suggest contacting your insurer and telling them what you have found on Facebook, they can and do use this kind of information to kick out a dodgy claim.

With regards to the query about premiums going up, unfortunately they can as the accident happened before you took out your policy they need to know about it (if they don't already).

Insurers sometimes pay claims that even though they know they are not genuine because often there is no evidence to dispute what is being claimed (whiplash for example can't really be quantified) and because it can cost thousands and thousands of pound to defend a £2000 PI claim.

It's frustrating when you know someone is making a fraudulent claim when there's nothing you can do to stop it. It's about time that the UK too a tougher stance and only recognised injury claims from impacts where there is a genuine injury!

No win-No fee solicitors are vultures and this is being recognised and fixed but it seems to be a slow process.

PyongyangKipperbang · 01/09/2017 18:55

What sort of "big" car where they in? 4x4 or crossover type?

Alittlepotofrosie · 01/09/2017 18:55

If she has tagged anyone else in photos its worth looking at their profiles to see if they have photos of her and screenshot those too. If she claims in her medical evidence she couldn't do the things she's photographed doing then it's fraud. Your insurers will be alert for any inconsistencies.

Holidayhooray · 01/09/2017 19:00

Oh dear this is not good.

Your insurance policy would have required you to advise them of any potential claim within a certain period (72 hours usually). There is a chance you won't be covered.

MassDebate · 01/09/2017 19:13

Your insurer at the time will deal with it - as you told them about the incident when it happened you will be covered, but you ought to contact them and provide a copy of the letter you have received. You also ought to let them know you believe they should contest the claim - screenshot the facebook stuff and send it to them.

Your premium will already have taken into account the fact you'd been involved in an accident (assuming you declared it to your new insurer). The claim probably won't make a difference to your future premiums because your previous insurer will be picking up the cost rather than your current one.

SleepVampireVictim · 01/09/2017 19:14

holidayhooray she will be covered. As her car was insured at the time of the incident, there is a legal liability under the Road Traffic Act for claims to be paid to third parties.

PI claims can be made up to 3 years after the incident. Vehicle damage claims can be made up to 6 years after.

Ceto · 01/09/2017 19:17

Holidayhooray, OP did tell her insurer.