OH Being accused of being in a accident "oh no he wasnt'

[keatergreyhound]

I have been directed to this site from helpful MSE members.

My OH drives to work Mon-Fri and stops in the same petrol station daily at the same time give or take a few mins to get his daily papers.

 

On Saturday out the blue we had through the post to claims from http://www.campssolicitors.co.uk/ for a driver and passenger stating that my OH drove into them and drove off at this petrol station which he did not.

At the time and date given he was in the petrol station and remembers the car in question as it was such a new 'posh' for want of a word car.

 

He did not hit the car in any way. Nor is there any damage to our car so getting these solicitors letter for damage to the car from the driver and as a compensation claim for injuries to the passenger has come out of the blue.

The driver is claiming for damage to his car, whiplash and shoulder pian but has had no time off work. The passenger again no time off work but has soft tissue damage and back pain. Neither sought medical attention. The car is not going to be a write off.

 

Nor did they need a hire car. Not reported to the police. It also states that the claimant has undertaken a funding arrangement within the CPR rule on 16th December.

 

So these are no win no fee solicitors.

 

My hope was to obtain CCTV footage from the petrol station which he enquired about this morning. Staff have said that CCTV is not covered where this accident was.

He tried phoning his insurance claim line Sat night but was told they couldn't help him as he wasn't making a claim so I have emailed them asking for advice.

 

I am wondering why the 3rd party has gone to this no win company rather than his own insurance and surely his own insurance will sort out his car out for him? also surely if these gentlemen were hurt in such a way medical advice would be sought as you would want things to be officially documented with a personal injury claim.

 

OH commutes daily and drives a

Edited December 21, 2015 by citizenB
formatting

[unclebulgaria67]

I have been directed to this site from helpful MSE members.

My OH drives to work Mon-Fri and stops in the same petrol station daily at the same time give or take a few mins to get his daily papers.

On Saturday out the blue we had through the post to claims from http://www.campssolicitors.co.uk/ for a driver and passenger stating that my OH drove into them and drove off at this petrol station which he did not.

At the time and date given he was in the petrol station and remembers the car in question as it was such a new 'posh' for want of a word car.

He did not hit the car in any way. Nor is there any damage to our car so getting these solicitors letter for damage to the car from the driver and as a compensation claim for injuries to the passenger has come out of the blue.

The driver is claiming for damage to his car, whiplash and shoulder pian but has had no time off work. The passenger again no time off work but has soft tissue damage and back pain. Neither sought medical attention. The car is not going to be a write off.

Nor did they need a hire car. Not reported to the police. It also states that the claimant has undertaken a funding arrangement within the CPR rule on 16th December.

So these are no win no fee solicitors.

My hope was to obtain CCTV footage from the petrol station which he enquired about this morning. Staff have said that CCTV is not covered where this accident was.

He tried phoning his insurance claim line Sat night but was told they couldn't help him as he wasn't making a claim so I have emailed them asking for advice.

I am wondering why the 3rd party has gone to this no win company rather than his own insurance and surely his own insurance will sort out his car out for him? also surely if these gentlemen were hurt in such a way medical advice would be sought as you would want things to be officially documented with a personal injury claim.

OH commutes daily and drives a

 

Your OH should speak to his Insurers any way and make a full report to them, as his insurers will deal with any third party claim. He should offer to allow his car to be inspected for any signs of damage, as it has not been involved in an accident. That the third party has made a mistake in identifying the wrong car. Your OH should not respond to Camps and let his insurers respond.

 

Sounds like a mistake or a bogus attempt to make a injury claim. Camps are an accident Solicitors who deal with large numbers of such claims and their letter is just to start their enquiries into their clients claim. Of course your OH insurers will ask them for proof of any accident involving your OH and state that your OH has denied being involved in any accident. Without any proof of an accident, it is unlikely the third party will get anywhere. BUT just in case the third party has independent eye witnesses who say they saw the accident, inspection of the car for damage or recent repair is important, as that might help counter any claim, to say it did'nt happenl

[keatergreyhound]

we shall of course be cooperating with our own insurance and they are very welcome to view our car that's not a problem at all. I have been reading up and it seams they have years to claim so even if they do 'go away' its on my OH record now so had to be declared. My Oh is served by the same staff member on the till daily and he spoke to him this morning about the CCTV hence we no it is not available. He confirmed that nobody came into the shop to ask for help or report anything happening which I find bazaar as if there was an accident surely you would report it on site and seek help. After all someone had damaged your property.

[JoeyJoeC]

Would it be possible to get CCTV of both cars leaving the garage? As this may prove there was no damage.

[JoeyJoeC]

How did they get the owners details?

[BankFodder]

I'm interested to know why you remember the other vehicle so well. Was there an exchange of words or something?

 

Even though you may have put this into the hands of your insurers, I would recommend that you write a very firm letter to the other side solicitors – keep it short – simply saying that you deny that any accident has occurred and certainly that your vehicle has ever been involved in any such accident.

 

Tell them that you require them to provide you with all evidence including photographs of the alleged damage and copies of the statements which have been made by the people involved.

 

You had better be aware that you are going to lose your no claims bonus immediately. Don't expect any loyalty or support from your insurers. They want the easy way out and of course this means extra money for them.

 

Your next insurance renewal will be more expensive because your no claims bonus won't be applied while the matter is still pending – and as you have said, it could take a long time.

 

Secondly, don't be surprised if your insurers simply eventually decides to settle on a 50-50 basis and that you will be lumbered with this the many more years of driving.

 

You have said that the staff member at the garage has already told you that he has no knowledge of any accident and nobody came in to see him about it.

 

I don't think you should leave it there. I think you should go back and see the staff member and get them to commit themselves to a statement about this.

 

I think it's very important that you get the name, personal address and telephone number of the staff member and get them to sign a short statement saying that on such such a date you were in the garage, so was the other car – but he has no knowledge that any accident occurred and certainly nobody came in to see him or asked any questions about it.

 

Don't imagine that you will be able to get this statement sometime in the future. Also, there is always the risk that the staff member might leave and go and get a job elsewhere and you will be able to trace him. Do this now.

[unclebulgaria67]

So you have a few things to do

 

1) OH to report to insurers and give full record. They may suggest not responding to Camps, if they are to deal with third parties claim. Offer inspection of car.

2) see if garage has CCTV of both cars leaving and entering garage ( garage may refuse to provide CCTV on other car as it is not your OH.

3) see if garage assistant can provide statement

 

It is true no claims will be affected while accident claim is pending or if no claims is protected, the premium will be increased from renewal. However, once this claim is rejected (if it is), the insurers should refund when updating the record. But your OH may have to contact them to ensure they do this.

 

Your OH should insist his insurers keep him informed, as some insurers will just seek to settle a claim, rather than have a long drawn out claim with a third party.

[keatergreyhound]

Good morning - its my Oh who was driving. I don't drive myself. I asked the same question of my OH as I wondered why he remembered the car. He described it himself as 'Posh' and a car to be admired. Also the fact that the petrol stations usually empty at that time of the morning and this car was parked round the back near by the exit not on the lit four court.

[mikeymack2002]

To nip this in the bud you have to report this accident to the Police as it is now a injury accident. Get them involved and follow the correct procedure.

 

By doing so you will be doing the right thing. The Police will have to take the complaint and follow this up. Not only that failing to report an accident could invalidate your insurance.

 

This driver may have done this before and could save you a whole heap of pain..

 

Failure to report an accident is an offence under s170 of the RTA 1988. Cover your backs and do so.

[unclebulgaria67]

Good morning - its my Oh who was driving. I don't drive myself. I asked the same question of my OH as I wondered why he remembered the car. He described it himself as 'Posh' and a car to be admired. Also the fact that the petrol stations usually empty at that time of the morning and this car was parked round the back near by the exit not on the lit four court.

 

How would he know if it was the posh car that was involved or is he just jumping to conclusions ?

 

If he did have an accident, but is denying it because of the cost implications with insurance, then he should be careful not to dig a bigger hole. He really does not want to start making false statements, as eventually this could end up in county court, where his statement is questioned. Not challenging his honesty, but i have seen a number of people add posts to online sites, where they start off denying an accident happened and later they admit to it.

[keatergreyhound]

he remembers the car Unclebulgaria (love the user name!) firstly as to where it was parked isn't normally somewhere someone would park. You leave the garage round the back if that makes sense so not somewhere where you'd normally park i'm told. He is fully comp insured with 9+ years claims protected. He wouldn't be denying it its just not in his nature and i'd be worse to deal with than any court lol. There are no marks whatsoever on our car. I don't have the exact wording of the paperwork in front of me as OH has took them to work but basically there saying he drove into them from behind then drove off. So i'm assuming if this is the case there would be damage to our car of some sort. Also they were fine to drive off in their car and didn't need a hire car nor time off work for the injury's. No medical advice was sort.

[unclebulgaria67]

he remembers the car Unclebulgaria (love the user name!) firstly as to where it was parked isn't normally somewhere someone would park. You leave the garage round the back if that makes sense so not somewhere where you'd normally park i'm told. He is fully comp insured with 9+ years claims protected. He wouldn't be denying it its just not in his nature and i'd be worse to deal with than any court lol. There are no marks whatsoever on our car. I don't have the exact wording of the paperwork in front of me as OH has took them to work but basically there saying he drove into them from behind then drove off. So i'm assuming if this is the case there would be damage to our car of some sort. Also they were fine to drive off in their car and didn't need a hire car nor time off work for the injury's. No medical advice was sort.

 

If there was an accident enough to cause injury, then yes i would think there would be some damage.

 

I have seen the MSE thread and similar advice has been offered. It is now just a case of your OH taking the actions recommended.

 

Update us, when there is any further news.

[keatergreyhound]

I just had a thought and this is coming from a non driver so could be very wrong but we've had nothing through from the third parties insurers just this no win no fee solicitor so with this being a no win no fee solicitor the third party are dealing with can it go 50/50? wouldn't damage to the third parties car be dealt with by their car insurance policy? the damage dealt with by a garage and they would I assume get a hire car while their car was being mended? funnily enough they live all but a mile from us if they are parked on a road could we go and take photos? obviously not if they are parked on a private driveway

Yes both the passenger and driver were injured. But surely a medical diagnoses of whiplash would be needed after all they may be mistaking symptoms with another problem. Neither claim to have seen a doctor.

[keatergreyhound]

also as they say there's been an RTA shouldn't they have reported it to the police? Many genuine thanks for all of your help. My Oh will be doing so this evening and speaking ot his insurers during his lunch break.

[unclebulgaria67]

I just had a thought and this is coming from a non driver so could be very wrong but we've had nothing through from the third parties insurers just this no win no fee solicitor so with this being a no win no fee solicitor the third party are dealing with can it go 50/50? wouldn't damage to the third parties car be dealt with by their car insurance policy? the damage dealt with by a garage and they would I assume get a hire car while their car was being mended? funnily enough they live all but a mile from us if they are parked on a road could we go and take photos? obviously not if they are parked on a private driveway

Yes both the passenger and driver were injured. But surely a medical diagnoses of whiplash would be needed after all they may be mistaking symptoms with another problem. Neither claim to have seen a doctor.

 

Re 50/50, your OH is not claiming from the third parties insurers, so at tge moment only the third party clais relevant. The third party has decided to claim directly using no win no fee Solicitors. However your OH's insurers may well contact the third parties insurers to inform them an accident has been reported by their policyholders. If the third party has not reported the accident to their own insurers, they may not be happy, as it is a condition of insurance to report all accidents to insurers.

 

I would advise against taking pictures of the other car, as they may just be ruled out as not relevant, as car may have already been repaired or they say it was not damaged.

 

The third party will need medical proof of injury.

[mikeymack2002]

You are missing a vital point of law you MUST BY LAW REPORT this injury accident. Failure to do so is a criminal offence.

[mikeymack2002]

By doing so this could help your issue in the long run.

[unclebulgaria67]

also as they say there's been an RTA shouldn't they have reported it to the police? Many genuine thanks for all of your help. My Oh will be doing so this evening and speaking ot his insurers during his lunch break.

 

Your OH could report his suspicions to Police, showing them the letter from Camps. If he says that he was not involved in accident and gets confirmation that he has reported to Police, then this may help. But Police won't investigate and will leave to insurers,

[keatergreyhound]

so from what you helpful people are saying in time terms they will have by law already reported this to the police. Please rest assured OH shall be doing so. But as they 'knew' of this accident before my OH they will have already done so and if they haven't then have committed an offence

[JoeyJoeC]

You are missing a vital point of law you MUST BY LAW REPORT this injury accident. Failure to do so is a criminal offence.

 

But they are saying there wasn't an accident?

[unclebulgaria67]

so from what you helpful people are saying in time terms they will have by law already reported this to the police. Please rest assured OH shall be doing so. But as they 'knew' of this accident before my OH they will have already done so and if they haven't then have committed an offence

 

http://www.legislation.gov.uk/ukpga/1988/52/section/170

 

Read the law being mentioned.

 

This is more about those drivers who seek to leave the scene of an accident without giving their information. There is never going to be a situation where every accident with slight injuries is going to be reported to Police.

 

Your OH should take the letter from Camps and copy of his insurance certificate to report that no accident took place with his car or the third party has made a mistake in identifying the wrong car and he wants to report this, just in case it ever gets questioned why no report was made. If you have not had an accident, you would not report it.

[keatergreyhound]

what im asking is should THEY should have already reported it. I am thinking as by law you have to report the injury accident then if they haven't they have broke the law. I've been on to the garage who are keeping what CCTV there is. This will show OH arriving, shopping in the shop and leaving so this shows where he was time wise. I was going to do this by subject to access request but the garage can only give that info to the insurance and police and they do not have the ability to block others out of the CCTV. them when it happened then they have The petrol station confirmed that no accident was reported as happening. Nobody for example asked to use the phone, no medical attention e.g an ambulance arrived.

[unclebulgaria67]

Read the law that applies. It is a reasonable question to ask why a third party would not report to Police if they were injured. But perhaps they have not got around to doing this yet or they have reported, but you don't know this.

 

Better to see what plays out, rather than pages of questions/answers which might prove to be irrelevant. If the third party is trying to make a dodgy claim, then they might make mistakes.

[mikeymack2002]

Two persons that are involved in an accident then BOTH should be reporting the fact. Please stop concentrating on incidentals. Whether or not they sought medical advice IS irrelevant. What is important is that your OH follows the CORRECT procedure and that is to report the incident.

 

 

As far as getting the CCTV that is down to the POLICE if you report it. If not this claim could go against your OH. Then where will you be? Sorry to be blunt but this is what you are asking on THIS forum. Advice has been given now it is up to you to accept or decline it either way I do not think that you will receive much more than what has been posted on TWO forums...

[keatergreyhound]

Mikey - I apologise if I seam to have angered you by asking so many questions. Please rest assured that my OH shall be following advice given which I very much appreciate and I was advised to post over on this forum also as posters on her I was told are more knowledgeable. I will let this thread fall off the page now. Wishing you a wonderful and very happy Chrsitmas