Hi myself and partner (named on policy) are in a situation whereby we have been accused of a RTA where the motorcycle rider has sustained injuries. This Claim is for early last year and we no longer have the car although were in possession at the time. We have been served a court order giving us 14 days.- This is the first we have heard about this.

Now the bottom line is that we were have no involvement in the incident it happened over 70 miles away (annoyingly close) and we have both never been to this location. The entire court report and case details are geared towards the personal injury and reports from medical proffessionals. Apparently after the accident the motorcycle rider went to hospital but there is no mention of police prescence/a police report, the colour of 'our' car, what happened at the scene did we drive off or stay etc.

I should mention the rider is claiming to have damaged his leg and arm whilst we were making a turn in the road without any notice.

I should mention there is contstant reference to 'she' in the case but these are the details the car is registered to at the DVLA.

Now my partner panicked as is due to soon give birth and this is the last thing we need plus our car insurance is soon to be renewed.

We have contacted the insurance company as we pay for legal cover they asked us to fax or details and said don't respond to the court order or send back any forms (for example the one that gives us extra time to lodge a case.)

We are now extremeley concerned this is going to affect our no claims as the insurer could just decide to pay and not challenge. I have since phoned them to say that we are not involved so it is not a question of blame/liabillity and they should not pay out under any circumstances.

Please please where do we stand - sorry for the length of the post we are trying to weigh up our options - Go the insurance company route and risk losing no claims/increased insurance premium or represent in court and risk (knowing our luck) losing and paying court costs. We cannot for the day in question really prove exactly were we were all we have is photos taken on that day from our camera (not of us), facebook entries from a computer around the time of the accident, nothing I imagine a court would take as 'gospel'.

Really annoying situation either the guy is trying to [problem] or maybe just the wrong registration details, car clone?

Any input would be much appreciated bearing in mind we have liitle time or resource to throw at court time and costs.

I understand it would be up to him to prove we or 'she' was there not the other way around also the guy has our address as we have his so what is to stop him getting a 'description' from coming to see us.

Tried to provide as much info as poss HELP HELP please

You did the right thing forwarding the Court docs to you insurers, they will take I from here although questions need to be asked as to why your insurers allowed matters to proceed this far.

By the sounds of it there was just a mistake with you details. Either that or you number plate has been cloned.

I think the Claimant needs to clarify you car make/model etc and a description of the diver.

This claim doesn't sound "false", more a case of mistaken identity.

Hi,

Sorry I forgot to mention - no one informed the insurance. This is the very first we (and our insurance company) have heard about the accident. I presume the man who is putting in the claim never got in touch with his insurance to pass on the info as they would surely have got in touch with my insurers??

Its all very confusing!!!

Thanks

Hi,

Sorry I forgot to mention - no one informed the insurance. This is the very first we (and our insurance company) have heard about the accident. I presume the man who is putting in the claim never got in touch with his insurance to pass on the info as they would surely have got in touch with my insurers??

Its all very confusing!!!

Thanks

That can't be the case. Your insurers would have been notified at the outside of his claim, they wouldn't just issue proceedings against you. You need to speak with your insurers again.

That can't be the case. Your insurers would have been notified at the outside of his claim, they wouldn't just issue proceedings against you. You need to speak with your insurers again.

I am a little perplexed, would you mind shedding a bit more light on what you said.

Just to clarify the alledged incident happened over a year ago and before our latest renewal (same insurer) The first that we heard of this was a few days ago from a Solicitor acting on behalf of the claimant for what appears to be a personal injury claim. Are you saying that the solicitor could not make the claim directly against us without checking insurance details and then contacting the insurers. Is this law?

Our insurer has stated that they have no records of this incident. It is perhaps likely the guy didn't claim against his insurer at the time as he is now claiming discomfort damages , hire car, repair bill etc. There is no mention of his or our insurer in the documentation.

It's as though he's had an accident, didn't claim, found a registration, phoned a no win no fee solicitor and they've sent this to us.

Your opinions are greatly appreciated.

I am a little perplexed, would you mind shedding a bit more light on what you said.

 

Just to clarify the alledged incident happened over a year ago and before our latest renewal (same insurer) The first that we heard of this was a few days ago from a Solicitor acting on behalf of the claimant for what appears to be a personal injury claim. Are you saying that the solicitor could not make the claim directly against us without checking insurance details and then contacting the insurers. Is this law?

 

Our insurer has stated that they have no records of this incident. It is perhaps likely the guy didn't claim against his insurer at the time as he is now claiming discomfort damages , hire car, repair bill etc. There is no mention of his or our insurer in the documentation.

 

It's as though he's had an accident, didn't claim, found a registration, phoned a no win no fee solicitor and they've sent this to us.

 

Your opinions are greatly appreciated.

The Claimant's solicitors would have done a check on the cars reg and from that they can find out the name of the insurers and the policy number.

What is the exact date of the accident?

The Claim would have to have been submitted electronically to the insurance company if the accident was after 30th April 2010.

The Claimant's solicitors would have done a check on the cars reg and from that they can find out the name of the insurers and the policy number.

 

What is the exact date of the accident?

 

The Claim would have to have been submitted electronically to the insurance company if the accident was after 30th April 2010.

Mid May 2010! As far as I'm aware his insurers at this stage are not involved! The claim has been made by this guy directly to an accident Solicitors, Appearingly claiming in the main for personal injury plus repairs. Strange don't you think?

Mid May 2010! As far as I'm aware his insurers at this stage are not involved! The claim has been made by this guy directly to an accident Solicitors, Appearingly claiming in the main for personal injury plus repairs. Strange don't you think?

Yes this is a personal injury claim.

They way it works is a claim is submitted via his acting solicitors to YOUR insurance company, his insurance company are not relevant to his claim and would not be involved as an injury is an 'uninsured loss'.

Like I said the claim has to first be submitted to YOUR insurers so I would speak to them and press for an answer as to whether they have ever been notified of the claim.

The only reason you have been served with Court forms is because your insurers have failed to reply to his solicitors.