Claim against - is this enforceable?

[aluta_continua]

Hi all, I was wondering if someone could advise here.

 

I received a letter from solicitors recently stating that I was involved in an accident over a year ago, this is something that I have forgotten about, and cannot confirm this incident.

 

But in detailing the event, they quoted my name wrongly and they quoted the plate number wrongly, how can they then confirm this was me or my car. But their letters were being sent to my house and they are now threatening legal action.

 

ould they do that, since they have both my name and plate number wrong.

[unclebulgaria67]

You could write back just saying that the name they have quoted is wrong and the number plate is for a car you have not owned.

 

If it was you that was involved in the accident, but they have just got the details wrong, they could take you to court at some point. You would need to inform your car Insurers that you had at the time and they will deal with it. If it goes to court, you might need to attend.

[aluta_continua]

I actually notified my insurance company for the one I was involved in, but since what they wrote about is for a different unrecognised plate, and they have contacted me as an uninsured driver.

 

I believe there is a period within which this kind of claim could be valid, will I be right in going to defend this in court?

[unclebulgaria67]

So were you involved in an accident in a vehicle for which you did not have Insurance? If yes, then the Insurers will take this to court and the Police may also become interested. If yes, don't write back. Wait for the court papers to arrive, which will hopefully contain the same wrong details, which will cause them a problem. You would then advise the court, that the papers they have issued, appear to be a result of confused identity. You think that they relate to you, but that the details are wrong and you have no knowledge of what they are on about. Hopefully then the court will advise the Insurers of this and they will have to withdraw the court claim.

 

If this has nothing to do with you, then just write back to them saying the letter is addressed in a name that is incorrect and for a vehicle registration that you have never owned/driven. You could also state that you do not recall any incident on the date they mention in any vehicle. Don't sign the letter, just note your first intial and surname. The Insurers will then have to investigate further. I doubt that they would take this to court, unless they could identify you as the driver of the vehicle. They would have to be pretty sure of it and will have to correct the information that they hold.

[Endymion]

If you believe that this is a genuine accident that you were involved in and the only problem being is that they have the name and number plate wrong then I would notify your insurers. If you leave it until they issue proceedings then all they need to do is amend the claim form and particulars of claim to the correct details which they are likely to come by easily enough. If this happens and you haven't notified your insurers of the claim being intimated against you then it is likely that they will not indemnify you and then you will have to deal with the third party's claim in full if they are succesful, along with their solicitors costs.

 

The thrid party has 3 years to make a claim if it is an injury claim and six years if it is just for damages property.

[unclebulgaria67]

If you believe that this is a genuine accident that you were involved in and the only problem being is that they have the name and number plate wrong then I would notify your insurers.

 

The OP appeared to say in their second post that they may have been an uninsured driver in this accident.

 

If this is the case I really don't have much sympathy.

[Endymion]

The OP appeared to say in their second post that they may have been an uninsured driver in this accident.

 

If this is the case I really don't have much sympathy.

 

I supsect the TP are writing to him as an uninsured driver is that they have enterred the wrong reg onto MIDIS and this has confirmed no insurance. I can only guess as to how they got his address to write to is due to exchanging details at the scene but someone getting the reg details mixed up.

[unclebulgaria67]

I supsect the TP are writing to him as an uninsured driver is that they have enterred the wrong reg onto MIDIS and this has confirmed no insurance. I can only guess as to how they got his address to write to is due to exchanging details at the scene but someone getting the reg details mixed up.

 

Yes I think you are probably right on this. The OP should just pass on details to the Insurers that they had at the time.