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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

AllTakenSoRubbishUsername · 01/12/2018 10:44

Anyone can get a solicitor to write a threatening letter like that. They obviously wanted to shock and scare you, and they have. But it is another matter taking it to court and winning. It almost certainly wont make it that far. Get onto your insurance company asap and explain everything. It's fear of the unknown that is so worrying, and someone else's post about contacting CAB to advise how this process works is a good one. I hope the bastard loses and you come out on top here.

Missingstreetlife · 01/12/2018 10:44

Forward everything to your insurance co. Ask them to contact the other party, their insurance and the solicitor so no more letters to you. Mark any further correspondence return to sender, or forward to your insurance. Pay nothing, don't respond.

HoppingPavlova · 01/12/2018 10:47

I’m confused, surely this is your insurers problem to sort out. That’s why you pay insurance - for them to deal with all of this.

gobbynorthernbird · 01/12/2018 10:47

So the solicitor is acting on behalf of your previous insurer?
Was your insurance policy voided for some reason, or was the claim repudiated for breach of the terms of the policy? And have you ever signed a consent and indemnity form?

AnchorDownDeepBreath · 01/12/2018 10:49

If it was two years ago; but you had email contact with the solicitor your insurance has arranged last week, was this ever resolved? Did you get a letter advising you of the outcome?

Please don't panic. Your insurance will be able to advise; they'll probably have phone lines open for a bit of the weekend even if the solicitor doesn't.

DaphneduM · 01/12/2018 11:04

Please don't worry. Coincidentally a good friend has just had a similar letter,regarding an accident months ago, which petrified her. Her insurance company told her not to worry and they would sort it out.
Your insurance company will have the necessary experience to deal with this - they do it all the time. Put it to the back of your mind until Monday.

BrightYellowDaffodil · 01/12/2018 11:06

OP, don’t panic. You really don’t need to worry (although I can completely understand why you are!).

This exact thing happened to me regarding the court papers, I rang the insurance company and the whole thing got handed over to them to deal with.

The original insurance case found the other person at fault and a court will do the same - their losses are due to their negligence and therefore not for you to cover. They’re just trying it on.

Neverexpected2 · 01/12/2018 11:09

It's called credit hire and one of biggest scams going - usually tied in with fraudulent claims. Don't panic. Just make sure you forward your insurers all documentation recieved and let them deal - it won't be new to them, most have large departments dealing solely with credit hire claims and will likewise have solicitors on their panel to deal

garethsouthgatesmrs · 01/12/2018 11:10

dont wait until monday, insurance companies are normally open at the weekend so fish out all the paperwork, ring your old insurers and talk it through with someone. Don't contact his solicitor yourself, let the insurance company deal with things.

TheMaddHugger · 01/12/2018 11:12

(((((((Big Hugs))))). You'll be fine. They are trying their luck

JaceLancs · 01/12/2018 11:14

Happened to me although in an even worse scenario I was never told of court proceedings and only found out later when I received a summons for payment which had apparently been awarded by county court judgement against me in my absence - it was also around 10k for car hire!
Must be quite common, my insurance company sorted it easily, it took longer to get the CCJ removed from my file, and it affected my credit rating for a few months

NeverStopExploring · 01/12/2018 11:16

Don’t talk to his solicitor direct. You don’t even know if his solicitor is legitimate at this stage. Call citizens advice Monday or if you have/ know a solicitor speak to them. Contact your previous insurance company and get the evidence to show he is at fault. Wouldn’t surprise me if his done stuff like this before to intimidate people into out of court settlement. His at fault not you. His costs have nothing to do with you

paintinmyhairAgain · 01/12/2018 11:19

you've got a lot of mners on your side op and we are here for you, you aren't on your own. as previous have said speak to your insurers and let them deal with it. the cf probably thinks 'sent a letter mentioning she owes me £1000's, threat of court,she'll roll over and pay up'. they really are chancing their arm. please don't engage with the cf or his 'solicitor' again.
don't worry about being young and not knowing much legal stuff, most people won't know that much esp. as it is always being updated.

BewareOfDragons · 01/12/2018 11:19

Don't panic.

Listen to your solicitor. Make sure your insurance company is fully aware AND your previous insurance company. And don't not show up ... or have your solicitor show up on your behalf.

tablelegs · 01/12/2018 11:20

Something similar happened to me years ago. I phoned my insurer when the court papers turned up. I sent everything onto them and they dealt with it.

I didn't have to go to court.

Please don't worry Op, just tell your insurer.

Alfie190 · 01/12/2018 11:20

I really don't understand the story. Who is suing you? Your own insurance company (which seems odd and also would suggest ringing them to ask them to sort it isn't going to help much!) or the person who crashed onto you?

Either way, I really wouldn't worry, you are not going to have to find £10k. It's just a very odd story.

tablelegs · 01/12/2018 11:22

@Alfie190 the person has pursued OP outwith her insurance company so the court documents have went straight to her house and bypassed the insurance company completely.

Original poster

Cannotbelievethiswow · 01/12/2018 11:23

Thank you so much for the replies I'm struggling to keep up lol!

Basically, the solicitor contacted me saying they are acting on behalf of my insurers as the person is trying to take me to court for the rental car fees.

I'm going to speak to my old insurers to ask what they think as I didn't know they could act for me.

The policy was never cancelled etc, I just changed company when the policy was due for renewal as I got a cheaper quote. x

OP posts:

paintinmyhairAgain · 01/12/2018 11:24

incidently a credit hire scammer like this cf was imprisoned earlier this year, first case of it's kind. he wants to be very careful about going ahead with this, as insurance companies are very robust in researching claims that could cost them dearly.

CryingMessFFS · 01/12/2018 11:25

Do not panic, do not get upset, do not engage with the other party’s solicitor, go to your insurance company, that’s literally what you pay insurance for

CryingMessFFS · 01/12/2018 11:26

So the solicitor is acting for your insurer (and consequently you)? That’s fine, they’re dealing with it. Speak to your insurer. This stuff happens all the time

Original poster

Cannotbelievethiswow · 01/12/2018 11:27

Thanks going to ring them once I get home (low battery 🙈)

OP posts:

tablelegs · 01/12/2018 11:28

@Cannotbelievethiswow the insurance company have legal teams so will deal with this for you. Contact both current and previous insurer.

Please don't worry and don't engage with the solicitor, leave it with the insurance company.

Original poster

Cannotbelievethiswow · 01/12/2018 11:30

Thanks. I feel really worried as I sent the solicitor screenshots of my messages with the perosn claiming but I suppose he could have provided them too.

OP posts:

tablelegs · 01/12/2018 11:32

That's fine, don't engage with them any further. Tell the insurance company what you've provided and forward it onto them also.

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