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Being sued !? via Car Insurance...

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ann_h | 16:29 Sat 27th Nov 2010 | Law
6 Answers
3 months ago, my car was bumped into by the car in front reversing into me. I have now out of the blue received a letter from a firm of solicitors, claiming that the other driver suffered injury, loss and damage and requesting my insurance details.
(I was insured, including legal cover.)

The initial letter provides no details of the man's claim at this point.

It may go to Court if he thinks he's in with a chance of an easy payout - just for your entertainment I should say that the claim is utter bullswool - firstly, he hit me not the other way round. Secondly, the bump was so minor as to make his claims of injury loss and damage utterly spurious. (Slight scuff on my bumper). Additionally, there was a policeman over the road at the time, and I invited the man to discuss the incident with said constable, but he declined. Obviously, he must have noted my car Reg, but we did not exchange details as NOTHING FRICKIN HAPPENED other than a row at the roadside.
I would not be able to find any independent witness, even the PC would probably not remember even if he could be found. My son (13) was in the car with me at the time, but I don't know if his evidence would be allowed/helpful.

Is it usual for it to take 3 months for a claim like this to appear? What I mean is, they will have had to get my details from DVLA or Police, so is that delay normal?

What do I do now? Do I need to instruct a solicitor to respond, inviting the man to eat my shorts? Will my Insurance company want to handle it directly, since it appears to be their money the other side is after? (Otherwise why ask for my insurance details?)

Signed, Well Hacked Off of Birmingham, UK
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Sounds like try-on to me. Just send the letter to your insurers and ask them how to respond.
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just hand it all over to your insurance co to sort
Ann, three months is quite short notice - we had a letter from a third party after an accident, a year after the event. Injury claims can be made up to three years after an accident.
Don;t get wound up by the letter, it's standard stuff. Tell your insurance company, send them the letter, that's all you need to do and what you pay your car insurance for. Presumably they have all the information to hand as you reported it when it happened? - if any solicitors are appointed it will be your insurance company who does it (and pays for it from the legal cover) - don't do anything off your own bat or you'll start complicating matters.
Solicitors' letters are perfectly normal (I used to work in motor claims). All you need to do is to respond to the letter - say no more than "I acknowledge receipt of your letter which I have passed to my motor insurers, XYZ insurance company". Say nothing else, don't pass comment about anything which happened, just send it on.

I hope this helps.
Pass it on to your insurers and let them handle it, that's what you pay them for. Obviously at the same time give your insurers your side of what happened.

I know its hindsight but did you tell your insurers of the incident at the time? Also, it would have been a good idea to have involved the policeman at the time and also had a look round for any cctv cameras.

Just reply to their insurers saying you've forwarded their letter to them and give them you insurers details. Do not respond to any other letters just forward them to your insurers.

The incident you've described is a fairly common scam. Some of the better informed ABers will be on and probably give you better advice soon.
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Thank you all for your advice; I am speaking to my insurers on Monday.
I am annoyed with hindsight that I did not go and get the PC myself, but the incident really was so minor and it didn't occur to me that someone would try this . Another year older and wiser!
Hopefully he will give up, as you say.
x

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