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False Claim via County Court Letter

4 replies

Windermere1234 · 18/01/2025 12:41

Hello, I am hoping someone is able to offer some advice for an extremely stressful situation that I have found myself in. This issue is happening in England

Back in mid 2023, I was contacted by my insurer that a claim has been filed by a 3rd party insurer alleging that my vehicle has hit their client's. The 3rd party claimed that they were given the car registration by a witness as the vehicle drove away after the incident. The witness also reported that they have dashcam evidence. I told my insurer that neither myself nor my vehicle were involved. We were nowhere near the location of this alleged incident. My insurer wanted photos of my vehicle which i sent them. I was very worried that this is a scam or car cloning incident but hoping it's just a mistake by the witness which the dashcam evidence would easily clarify. I kept chasing my insurer for update. They told me they contacted the 3rd party insurer for the dash cam evidence but did not get anything back. After about 6 months , the claim was closed out by my insurer.
Then in mid 2024 the insurer (whom i am no longer with) contacted me to say they are reopening the claim again as they have received correspondence from a solicitor of the 3rd party insurer who still want to pursue the claim. I told them the same info and they say they have asked for evidence again and will contact me if further info is needed. I didn't hear anything for about 7 months.
Then, this week I received a county court claim addressed to me directly for payment related to reduced value of the vehicle. The driver of the car is listed as the claimant but it was sent on their behalf by a legal firm that seems to represent insurers according to their website. I contacted my old insurer right away who was very apologetic. They said they will pass this to their legal team who will get in touch me on next steps. They seem to be on my side in this matter and felt that the claim should be addressed to them and not directly to me.
Apologies for the long essay but my questions are:

  1. why would the 3rd party insurer file a claim against me and not my insurer whom they have had correspondence with before
  2. even though i'm with a different insurer now, is my old insurer at the time of this alleged incident still obligated to defend me and have their legal team deal with this issue - especially since the claim is filed against me
  3. there is 14day limit before which i need to reply to that claim with an admission or denial. I will not do anything for now until i hear back my insurer legal team but as the claim is filed against me, I'm really worried. If my insurer legal team is not able to help, should i get a solicitor (and have to pay for their service myself) or should i try to reply to the claim myself?

Any other advice would be much appreciated as this is causing me so much anxiety. Many thanks in advance.

OP posts:
YourSnugHazelTraybake · 18/01/2025 19:24

They haven't got any proof, otherwise they'd have supplied it to the insurer. They're probably hoping to scare you into paying privately as a settlement rather than use court. By leaving it till now they're probably assuming you wouldn't either still be with the same insurance or know that it's then you need to contact! Let your insurance deal with it, that's what you paid them for.

Eileen101 · 18/01/2025 19:31
  1. If they're holding you at fault (regardless of the merit of that claim), the action is against you. It'd called subrogation. The insurer just steps into your shoes to claim or defend.
  1. Yes, unless they have ant reason to have declined your claim, but as they've been representing you in the pre proceeding, you'd know by now.

It's the claimants responsibility to prove the claim, not yours to defend. Your insurers solicitors likely put them to proof on their allegations.

Another2Cats · 18/01/2025 21:37

"there is 14day limit before which i need to reply to that claim with an admission or denial. I will not do anything for now until i hear back my insurer legal team but as the claim is filed against me, I'm really worried. If my insurer legal team is not able to help, should i get a solicitor (and have to pay for their service myself) or should i try to reply to the claim myself?"

Regardless of whatever else happens, either you or the insurer MUST respond within the timescale.

If you do not believe that the insurer will take over the case in time then I would strongly suggest that you do respond to the court yourself and you do deny the claim. If you do not respond then it will be taken as an admission of liability.
.

"even though i'm with a different insurer now, is my old insurer at the time of this alleged incident still obligated to defend me and have their legal team deal with this issue - especially since the claim is filed against me"

I'm not sure about that, but they did insure your car at the time that the alleged incident took place and, even though you are now with a different insurer, they are still liable for any claims against you from that time.

Frankly, this sounds like a real chancer who is hoping that you won't respond and that they will gain a judgment by default.

As long as you respond within the timescale given and deny it then that will leave time to pass it on to your insurers. If you just leave it up to your insurers then they may not act in time.

Windermere1234 · 18/01/2025 23:46

thank you everyone for your message so far...i'll try not to fret too much but make sure my insurance is on it promptly!

OP posts:
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