JayKay

Some of you may remember that about 3 weeks ago now, some scallies pushed a neighbours Saxo into the front of my Mondeo. The damage caused was a cracked bumper and indicator on my car (drivers side), and a dent and scrape in the wing of the Saxo (passanger side)

Anyway, I received a letter this morning, from my insurance company, saying that a claim had been filed against me! When I called to enquire, they stated that my neighbour had filed a claim against me, making an allegation that "I collided with a stationary vehicle !"

Firstly this is utter bullshit as the diagram below will demonstrate.



(Red blobs show where damage was sustained)

As demonstrated by the diagram, it would be virtually impossible for me to acctually hit the Saxo! If I had driven forwards in, it would have been the passenger side of my car that hit the Saxo. As I cannot reverse my car any furthur back due to the raised bit, its impossible to have hit it whilst moving forward as well!

What acctually happened was some scallies picked the back of the Saxo up so it was freewheeling and pushed it forward, so it collided with my Mondeo.

Anyway, apparently a claim has been filed under my insurance, so a few questions.

a) Where do I stand legally?

b) Insurance is up for renewal soon, and im going to be renewing with RAC (current insurers) will this claim count against me?

I should at this point also mention the matter was reported to the police and they visited the scene, so I do have an event number.

Im thinking maybe CAB and then write a letter to my neighbour stating I will be seeking legal advice?

Ta

John

Phil79

It will go against you until it has been abandoned by the other party.

Send the copy of your diagram to the insurers and ask the owner of the saxo to PROVE you hit them. The Claimant has the burden of proof.

Then claim off them for the damage to your vehicle

Katie

As said, send that diagram as it's remarkably helpful.

File a counter claim...if you didn't hit them....after all, their car hit you whether it was being driven or pushed.

Give the insurance co the police incident number aswell and that'll help if it states it was a 3rd party causing the damage with the saxo?

You may have legal cover on your insurance policy e.g. if you are 3rd party you'll probably have it for uninsured losses? CAB aren't particularly good on motor claims as so many people have legal cover but probably well worth a visit if you can't get a free motor legal solicitor with your policy.

If you send any letters to the neighbours send a carbon copy to the insurance company just for time saving...or the insurance company will have to wait for your neighbour to forward them a copy...

In answer to your questions directly, rather than just chaffing on...

A) If you didn't do it, you didn't do it...protest. I'd stick in a counter claim quickish so it drops the other parties NCB off too.

B) They'll have dropped your NCB off until they are satisfied you didn't cause the accident so hope your renewal isn't too soon.

JayKay

Renewals the 26th...bastards...

Permission to go slap the stupid 5ft 4 prick.

Phil79

If it's your neighbour, then surely they knew some knob had rolled their car into it?

I'd be going round and having a word. Nothing wrong with a bit of intimidation mate

Katie

I'm not sure what the stand is on giving you your discount back afterwards if you start a 0 NCB policy then get it back mid way..whether you get the full entitlement back from the policy start date or just the ''from now on it'd have been cheaper'' prospective stuff midway through...someone can probably clarify this

I had mine taken off me even though the guy hadn't claimed against me so I swapped insurers to directline and sent them the NCB when I got it through from tesco a couple of months later...that worked for me...but probably not the correct way to go about it.

dojj

iTrader: (3)

when you reported it to the police did you tell them that the other car had hit yours?
if not, you can now tell the insurance company what has happened, your car was hit, you didn't know who hit it, now it's obvious, the diagrams and police reports will back you up, job done

have you got legal cover?

JayKay

Yeah I do have Legal Cover. Ive filed a counter claim with my insurance company just now, what im going to do is pop round my neighbours tonight asking for his name and who he is insured with (he hasnt lived her long so dont know him well, so hes started off on the wrong foot!) and ill tell him that I will be making a counter claim against him. He might just withdraw the allegations ...at the end of the day HIS car hit MINE, whether he was driving it or not.

dojj

iTrader: (3)

i wouldn't go round
i'd send him a letter first explaiing the situation (via the inurance company)
if he's like this he might turn around and sasy you are harrasing him or soemthing

JayKay

Got it sorted out in the end.

Had a chat with my neighbour yesterday and turned out to be a misunderstanding. When the police had done a check to see where the car was registered it came up in another town (bloke had just moved so DVLA hadnt yet updated their records) so they have left a form on his window informing him to contact the police.

Next day he got the notice, contacted the police but the officer was away on a weeks holiday and the officer on the phone couldnt give my neighbour any details?

Due to the damage to my car, my neighbour presumed the notice was to say an accident had been reported after I had crashed into him and I couldnt find out where he lived and so filed a claim.

Officer called him back when he got back from his holiday informed him what had happened. Claim was pulled by my neighbour but by this point my insurance were already on the case and a letter already sent out.

Called RAC this morning and they confirmed the claim had been pulled and that my NCB etc would be intact and correct for my renewal on the 26th

dojj

iTrader: (3)

but who's going to fix the car?

JayKay

Damage to my Mondeo was only minimal mate, just the indicator/headlight/bumper which was fixed next day with 2nd hand parts wasnt worth claiming off insurance for my damage as the Mondeo only cost me Ł70 from auction

With regards to the Saxo, end of the day its an R plate 1.1 Saxo so again not worth much....I knocked the dent out for him with a rubber mallet and advised he get some touch up paint for the scratches he was happy as larry

dojj

iTrader: (3)

all good then

from your preivous post i'd thoght that some scallys had moved in next door and they had driven heir car into yours

looks like you've got a new friend as well as a new neighbour