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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I am absolutely terrified and need help ☹

121 replies

Cannotbelievethiswow · 01/12/2018 10:19

NC. I don't want to drip feed but I can't say too much (outing).

Nearly 2 years ago someone drove into my car, dented it, scratched it but no "extreme" damage. The persons car was completely smashed as they hit me with some force. They started being aggressive towards me so I panicked, drove to a safe place and rang the police. I should've stayed I know, but it frightened the life out of me.

I have no idea how but the person got my address and came late that night and posted a note asking to ring them. I did, we exchanged details, and they insisted no one was at fault and to tell my insurer that. I told my insurer exactly who was at fault - them. They claimed it was my fault.

An investigator came to look at my car and talk through the incident and they said it was clear the person didnt check their blind spot then slammed into me.

Didn't think anymore of it, was told it wasn't my fault.

Nearly a year later a solicitor contacts me saying I am being taken to court and said person hired a rental car and ran up fees of over £10,000 and wants me to pay. I am a single parent of a young baby. I felt sick to my stomach. I sent all the evidence I had and was told it was fine, nothing to worry about.

Fast forward to now and I've recieved a court date saying I must attend. I feel sick. I'm young, have no idea of the court process, can't afford to pay them £100 never mind over £10,000 and I don't know if i could get a babysitter for that whole day. I havn't eaten, i can't sleep and I am literally terrified. Please can someone offer their advice or support on this? Surely they will get laughed out of court?

OP posts:
Flatasmytitties · 01/12/2018 10:22

You need to call your insurers asap. If he's taken it to court they must know? Their job is to fight for you!

Armadillostoes · 01/12/2018 10:23

Hi OP. Firstly, try to calm down. Secondly, ring your insurance company right now and talk to them. If you tell the truth, and stick to a clear consistent story you will be okay. They won't take something all the way to court if they are.bound to lose.

InstagramPork · 01/12/2018 10:23

What was the ruling of the insurance companies? Did the decider the other driver was at fault?
Also I think it’s unlikely for you to be liable for their courtesy car hire to the sum of £10K even it had been your fault as it seems a disproportionately large amount.

user1493413286 · 01/12/2018 10:24

So the insurance company found that you weren’t at fault? If they said you weren’t at fault then I can’t see how he has a leg to stand on.
Call your insurance company; see what they provide and get all the records from then.

Armadillostoes · 01/12/2018 10:24

Sorry, by "they" I mean his side. Unless there is more to this story his insurers would never risk taking this to court as they would end up paying his costs AND yours.

holasoydora · 01/12/2018 10:25

I agree. It’s your insurers job to deal with their solicitors. I knocked over a cyclist earlier this year (my fault, he was fine). I sympathise with how stressful it is. But it’s not for you to find the money, that’s what insurance is for and why we all have to have it. I don’t understand why they are contacting you directly if they had your insurance details.

Villanellesproudmum · 01/12/2018 10:25

Call your insurance company and get all your paperwork together, any communication and put together a timeline of events in a chronological order, include any photos you might have, repair bills etc

DramaticGoose · 01/12/2018 10:26

Yes, speak you your insurer. Go to citizens advice to see if they can talk you through the court process as well (might help you feel more in control).

Flowers
redastherose · 01/12/2018 10:26

You should have legal cover with your car insurance. Contact your insurance company and ask them to deal with this on your behalf. If they say it's nothing to do with them (can't see how they can really but if they do) you may have legal cover via your house insurance if you have it. Alternatively you will need to attend at court with your evidence and paperwork and self represent.

EmeraldVillage · 01/12/2018 10:27

Go back to your insurers of the time. They will handle this.

DocusDiplo · 01/12/2018 10:27

Its ok its ok!!! Relax, honestly. You havent done anything wrong. Its OK. It will be sorted just get the relevant agencies to help you.

LovingLola · 01/12/2018 10:28

Your insurance company will deal with this. It's nothing to do with you.

southnownorth · 01/12/2018 10:28

Your insurance company should deal with it all OP.

Don't worry, I know it's hard not too.

AssassinatedBeauty · 01/12/2018 10:28

Agree that you need to get your insurance company to clearly state for you what the outcome of their investigation was, so you have that to take to court.

Unless there is more to this than what you've said, he is chancing his luck and trying to get money for nothing by being bullying and intimidating. Don't panic, try to stay calm and respond only to the legal requirements, don't engage with him at all.

For childcare if you need it, could you try local nurseries and see if they have space for a one off day? Or local childminders?

PurpleWithRed · 01/12/2018 10:28

This is complete bollocks, the person who smashed into to you is a nasty aggressive t&**£r. Call your insurance company. It is entirely possible the ‘solicitor’ you received a letter from is not a solicitor at all. Also his finding out your adddress on the day of the accident is very suspicious - did you tell the police.

Flatasmytitties · 01/12/2018 10:29

Is he trying to sue you independent of insurance companies? .. fwiw he's taking the piss. I know this is very stressful but he doesn't have a chance

Original poster
Cannotbelievethiswow · 01/12/2018 10:29

Thanks everyone. The solicitor said he was asked to contact me by my old insurers (with a different one now). Im going to ring the solicitor on Monday when hes availible as it was only last week he emailed me to say I had nothing to worry about.

My insurers on the phone and the solicitor laughed about it saying i was fine.

Its just so scary and intimidating when i am young and have very little knowledge of legal matters x

OP posts:
PattiStanger · 01/12/2018 10:30

I can only agree with everyone else, start with your insurer, this kind of thing must happen all the time, I'd think they'd be able to advise you what to do quite easily

Singlenotsingle · 01/12/2018 10:31

I can't see why they're bothering if they hit you in the side. How can it possibly be your fault? Ring your insurers and notify them. They'll need to see a copy of the summons. And don't worry.

RedDeadRoach · 01/12/2018 10:33

You don't have to go to court. You can tell your insurers you don't want to attend and you'd rather they settled it. It's just the procedure that as you were the driver you'd be the one to attend court so that's why you've got the summons. If you do want to defend it all you have to do is go along and say what happened as per the statement you gave to the investigator. But you don't have to go, just speak to your insurance co and tell them you could do without this. If you've got any personal injury claim it means you wouldn't be able to recover it though unless you go to court.

Tanith · 01/12/2018 10:35

"Its just so scary and intimidating when i am young and have very little knowledge of legal matters"

That's what this scammer is banking on and why he went to you direct. Don't worry: let the insurers sort it out for you.

He'll find himself in court if he isn't careful.

dayswithaY · 01/12/2018 10:35

This happened to me, please don't panic. Just ring your insurance company and they will deal with everything. I was getting letters every week from scary solicitor about court dates etc. Just bin them and let insurers deal with it, it's what they do.

Doyoumind · 01/12/2018 10:36

The whole point of insurance is that you are covered for this kind of thing. Don't get stressed. No one is going to come asking you to pay out thousands of pounds. Only the insurers would have to pay out and it doesn't sound like this guy has a case at all.

I had something similar. The driver admitted fault but then changed their mind and their insurers were going to pursue it because I had to have a hire car plus there was a lot of damage to my car so the total bill was quite high. It nearly went to court but got settled without that because they realised they had no case. All I had to do was write a statement and the insurers and the insurer's solicitors dealt with everything.

bringbackthestripes · 01/12/2018 10:39

Please come back and update after you’ve spoken to someone on Monday, try not to worry too much over the weekend, easier said than done I know Flowers

NancyDonahue · 01/12/2018 10:39

You poor thing. I agree with the others, if he hit you it is totally his fault. Do you have family and friends to support you through this? Someone else can advocate for you if you're finding it too stressful to deal with. I had an accident (my fault) and was so traumatised by the whole thing my boyfriend at the time dealt with phone calls etc, I just had to say I agree for him to speak for me. Take care, op. This will get sorted Flowers