False claim - Starting legal proceedings against me.

Discussion in 'Insurance & Finance' started by GK10, Aug 10, 2013.

  1. GK10

    GK10 Hardcore MB Enthusiast

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    In March 2012, a lady at my place of work accused me of scratching her car. I left work on the Monday as usual, and upon entering a room on the Tuesday, she accused my colleague of hitting her car in the staff car-park, he went onto explain that he doesn't even own a car or drive and she then moved onto accuse myself. I obviously denied all knowledge of this however to maintain a civil relationship I gave her my contact information. There was no damage or scratches on my car and I am 100% adamant that I did not touch her car. A quick glance at her car showed a few surface scratches here and there. Her car wasn't subsequently in the car park for the next week. She continued to bombard me with texts at all hours, one at 3am stating that she had got a quote and it was going to be at least £800 to repair etc.

    My contract at that place of work ended one week after the incident. My insurance got in touch, and I denied liability and also sent them a letter with full details and images of my car with perfect paintwork. My insurer's were dealing with it and at around December 2012, my insurers stated that they had no further contact with her insurer's, they hadn't provided any evidence despite numerous requests and they were going to give them 60 days to reply to the contact or they would close the case. No contact, case closed.

    Now, August 2013, a full seventeen months after her initial accusation and we just received a call from Direct Line stating that her insurers have started legal proceedings against us, and if we receive any documentation from them to forward it immediately.

    Despite not hitting her car, and I am now quite concerned. Do I have a reason to be? What are the main potential outcomes here? I can't see how they can produce any evidence when a)it didn't happen and b) they couldn't produce anything previously. I am not entirely sure on the legal proceeding's procedure and how my insurer's will react.

    Edit: I also forgot to mention that the car that I was driving at the time is also now long gone.
     
  2. swannymere

    swannymere Hardcore MB Enthusiast

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    Is there any way to find out her claim history or even if she's settled with people over similar situations?
     
  3. bob6600

    bob6600 MB Club Veteran

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    I think she was probably lonely and wanted someone to text at 3am

    Tell her to take you to court with the proof she has (not) got

    Can you get your old colleague (first accused) to make a statement?
     
  4. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    I can't say I know a way to do that but maybe my insurer's can. I did state that it seemed "dodgy" and this was then backed up by the fact her insurer's were not responding to my insurer's or providing any evidence. She may have had her car resprayed or repaired so she could have receipts as "evidence" but any damage or scratches to her car weren't caused by me. I actually believe that he car may have been scraped by someone and she was just looking for a scapegoat i.e she originally accused my colleague and them myself. She also stated she had "seen it on the CCTV" however like I mentioned they couldn't produce anything, and not even an engineer or inspector was sent to view my car that has now been sold.

    I suspect that she paid for the car to be "repaired" expecting the excess to be repaid via myself and she is now pushing further to get it back. I can't seem to work out how they can start or threaten legal proceedings after having an extremely poor case which literally amounts to nothing and that was closed months ago after their lack of contact.

    I know I did nothing wrong, but I am concerned that I have a certain amount in my bank account and whether I should be taking away 25%-50% of the balance when considering my finances because the other party seems adamant in pursing this.
     
  5. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    I'm hopeful it's just a bluff and we won't hear from them again like the original claim. I should be able to track down my old colleague however it's been a year and a half but I can try if needed.

    I actually seem to remember that my insurer's stating that if the other parties insurer's didn't respond or make contact by a certain amount of time (which was plenty) then legally they will be entitled to completely close the claim which they did. Seems really odd the incident has resurfaced after such a long time.
     
  6. grober

    grober MB Club Veteran

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    I would write to Direct Line expressing your concerns and also your puzzlement at why 17 months after they had closed the case has closed this issue should arise again . Re-iterate your innocence and ask for immediate clarification in writing as to why this situation has arisen again. I can only assume the "injured party" is pursuing this- perhaps via one of those accident claims companies. Directline may be "sounding you out" as to whether your attitude has mellowed so they can let it through " on the nod" but they need to know its going to be as awkward dealing with you as it is with the claimant. ;) Or ------they are simply warning you of any impending correspondence to avoid you inadvertently weakening their negotiating position which remains unchanged from last time. :thumb: Either way expressing your concerns and innocence in writing again in a perfectly civil manner will do no harm.
     
  7. John Jones Jr

    John Jones Jr Hardcore MB Enthusiast

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    Hate to say it but, you're not dealing with the 'full shilling' here & imo that in itself may present more of a problem as she's liable to do or say anything. The 17 month time span is another indication.

    Anyway, looking forward to hearing about the proof she will have to provide considering she already has accused one innocent non driver.
     
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  8. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    Sounds good, thanks for the advice. Just for clarification, there isn't an injured party hence her not knowing who had hit her car. Her car was apparently stationary.

    I'll get that letter drawn up over the next few days.
     
  9. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    Exactly. I received a text at 3am stating " I have just returned from Jamaica and it appears your insurer's have not replied to mine".

    Will fire the letter off with previous correspondence and see what happens. Hopefully it's nothing.
     
  10. grober

    grober MB Club Veteran

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  11. flango

    flango MB Club Veteran

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    If you have legal cover with your car insurance just let their lawyers look after it, see her in court and then claim all your damages for your time that she has wasted. One letter from your lawyer to DL and I'll guarantee this won't go any further. DO NOT contact them yourself or you will end up in a whole world of pain. SWMBO is just sorting a problem our niece is having with her insurance company and she has them well and truly on the ropes, they wanted to go to court we didn't now it's flipped the other way where they are offering everything not to get dragged into the courts and media spotlight. Leave battles like this to the professionals :thumb:

    The mistake you made was giving her your contact details in the first place this can often be interpreted as an admission of involvement.

    Hind sight is a wonderful thing but you should have told her to go whistle dixie
     
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  12. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    Thanks.

    "One letter from your lawyer to DL and I'll guarantee this won't go any further. DO NOT contact them yourself or you will end up in a whole world of pain."

    Direct Line are my insurer's. So don't contact Direct Line myself? I do have legal cover through DL.
     
  13. flango

    flango MB Club Veteran

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    Sorry I misread the post I thought DL were her insurers :doh: Get the legal folks to write to her insurance company and I'm sure that's the last you will hear of it particularly if they threaten to sue her direct for your loss of earnings and damages related to this fictitious incident

    Sorry for the confusion must go to specsavers :D
     
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  14. Dieselman

    Dieselman Banned

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    Let your insurers deal with it. They are well versed in dealing with fraudulent claims.

    Assuming you are genuinely innocent, You made a mistake by giving your details, but as long as you make DL aware of the situation and reasoning, you should be OK.

    Sounds like She is trying to cover the costs of the trip to Jamaica.
     
  15. OP
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    GK10

    GK10 Hardcore MB Enthusiast

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    This is what I have just drafted. Please advise if you think anything should be added or taken out. Please bear in mind that I haven't gone in all guns blazing i.e she accused my colleague and then myself, she also actually got the day wrong she originally accused me, think she accused me on the Wednesday and said it was the done on the Tuesday but all the documentation shows she alleges it happens on the Monday, texting at 3am and getting a male to leave a voicemail asking for insurance details. As you will see from my first and only letter in May 2012 it was very brief and basic and apart from a few brief phone calls we really didn't hear anything else obviously due to the lack of evidence/contact from her insurer's.

    Anyway here's the letter, tempted not to send it because the vibe I got from DL was very much "they've started legal proceedings, nothings changed, leave it with us"......Am I entitled to see what the other party are alleging and any "evidence" they have provided so far?


     
  16. Dieselman

    Dieselman Banned

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    Forget any rubbish about the car not having damage, either you did collide with her car, or not. If not, just say that and nothing more.
     
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  17. Charles Morgan

    Charles Morgan MB Club Veteran

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    Don't complicate life.

    Stick to the simple fact - you didn't hit her, her claim is vexatious. Leave it to DL to deal with - they will not thank you for getting involved.

    This is what you have insurance for - just leave it to them.
     
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  18. OP
    OP
    GK10

    GK10 Hardcore MB Enthusiast

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    Okay, just thought it would continue to show that an incident didn't take place if her car was scratched in a certain area and my car was perfect but I will take it out.
     
  19. OP
    OP
    GK10

    GK10 Hardcore MB Enthusiast

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    Okay, thanks. I will leave the letter for now then, just want to do everything possible so that I am not left out of pocket for something that didn't happen.
     
  20. OP
    OP
    GK10

    GK10 Hardcore MB Enthusiast

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    I guess what is worrying me is the fear of the unknown and when "legal proceedings" are mentioned it sounds hard hitting especially when you don't know the process.

    What are the next stages? I am assuming DL will respond reiterating their stance that we deny this incident took place. Like the claim, can their insurer's then drop the issue or will it go the whole way now? I just fail to see how "legal proceedings" can be started without providing any evidence.
     

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