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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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False Insurance Claim Against Me


CrippsterS
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Hi Guys,

 

Basically on 21/05/2014 I was in slow moving traffic and slowly "edged" and I mean "edged" into the car in front of me.

 

When we both got out it was literally number plate to number plate and not even a single scratch on her car.

 

She agreed with me that there was no damage and that she wasn't going to do anything about it, at this point I didn't even think it necessary to take pictures and I was already late for a client so I drove off.

 

About a 6 weeks later my insurance company called and told me there had been a claim against me.

 

This was the only thing I could think of.

 

I rang her (as we exchanged details anyway) and she said her boot wasn't opening when she got home and she now has whiplash.

 

This 100% cannot be correct from the speed I bumped into her at.

 

My insurance company then told me her whole back bumper is damaged and all the metal framework inside is ruined.

 

This cannot be true and I think it is a "crash for cash" or just someone trying to haggle some money out of me....

 

My insurance were going to pursue it but when the whiplash was filed apparently there wasn't much more they could do because how can you prove whiplash?!

 

Any help would be muchly appreciated as my insurance premiums have soared! and my NCD gone.... :(

 

Thanks in advance guys.

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The front end of your car could be inspected independently to see if there is any evidence of accident damage. If the other car is as badly damaged as they have said, I would have thought your car was also damaged at the same time.

 

Shame that you did not have a witness with you at the time.

 

If you want to do something about this, you will have to be pro-active. Provide some evidence to your Insurers as to why they should be fighting against this third party claim. If you don't do this, they will simply pay out and you will have higher premiums.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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thanks for replying so soon!

 

They were going to inspect my bumper to look if there is any damage but they then said there wouldnt be much point as she had claimed whiplash which they cannot dissprove...

 

Could I get the police involved?

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thanks for replying so soon!

 

They were going to inspect my bumper to look if there is any damage but they then said there wouldnt be much point as she had claimed whiplash which they cannot dissprove...

 

Could I get the police involved?

 

Because you admit to touching her car, they feel that they cannot dispute the whiplash claim. Therefore they will be paying out anyway. Whether the Insurers are paying out £5000 or £500 should make not difference to your future premiums. You may lose some NCD and there will be a loading, but this is not based on the value of the claim.

 

You could report to the Police, but I should imagine that they won't be interested, unless you have definite proof that third party is making a fraudulent claim. They will probably tell you that they will only take such cases, if an Insurance company contacts them with evidence.

 

Very annoying, but unfortunately people do look to take advantage of any slight accident. I have heard of far worse cases.

 

You would probably be wasting money paying to have your car inspected, unless you were going to be doing this anyway.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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This is in hindsight, but buy a £60 dash cam. I'm not allowed to suggest a good one as the forum admins take this as advertising. It sits in the dash, turns on when the engine is running (or use motion detection), and records at full HD on a loop. I've had to use mine twice for evidence (one clip even ended up on BBC1).

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This is in hindsight, but buy a £60 dash cam. I'm not allowed to suggest a good one as the forum admins take this as advertising. It sits in the dash, turns on when the engine is running (or use motion detection), and records at full HD on a loop. I've had to use mine twice for evidence (one clip even ended up on BBC1).

 

 

dont see why you cant say which one you use. posters for eg say which browser they prefer (or dislike), or pc, or O/S, etc. similar thing? (am looking for a decent cam btw :) )

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dont see why you cant say which one you use. posters for eg say which browser they prefer (or dislike), or pc, or O/S, etc. similar thing? (am looking for a decent one btw :) )

 

I mentioned a model of camera in my signature that I use and the admins took it down. Didn't even link to a page to buy it! Mini 0801 I would say is really good for the money. Full 1080p HD. With a 32GB memory card, easily does 5 hours on a loop. (Make sure the micro-SD card is class 6 or class 4. Class 10 doesn't work with it.

 

Search google for "Techmoan". This does full reviews on many gadgets, including loads of dash cams.

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It was just my general advice. Didn't even say it in an advertising manner. I spent hours watching reviews trying to find one that was good all round.

 

Since big companies like Sony, Panasonic etc don't seem to make them, I wanted to make sure I was buying a decent one.

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..., I wanted to make sure I was buying a decent one.

 

same. partic one that wld stand up as clear evidence if necessary.

 

anyway, best not hijack crippsters thread :)

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