Legal Advice - Class 1??

I received a letter tonight from Innovation Recovery which states:-

Ref: XXXX xxxx XXXX

Our Insured: J**** M*******

Our Vehicle: L***WNS

Your Vehickle: U/J

Accident Date: 12/12/2005

Location: Alness

Dear Alan McLeod

We represent the motor insurers of J**** M******* and write in connection with the above accident.

The evidence we have indicates that you are responsible for the accident. We are therefore loooking to you for reimbursement of our outlay.

We assume that it is simply an oversight and therefore we would ask that you make contact with you insurers and provide them with full details. If we do not hear from you within the next 7 days we shall pursue you direct for reimbursement of our outlay.

If you do need to contact us do so on the number below quoting blah blah blah

Jayne DeAbrrea

Innovation Recovery Team

Now I was in a bump (with my sons vectra, which I have my own policy for, seperate from the Supra policy) about a month before this (nov 2005) with Mr Marwicks wife - she had broken down and was sitting on a bend on a country road in the dark (she had put the hazards off as she did not want to flatten the battery). This was not in Alness (where I live and is stated in the letter) but in Dingwall, 10 miles away. She was very elusive on insurance details and I suspected she was not covered to drive the car, if indeed it was insured. We swapped names and addresses anyway. Damage was minimal to my car, I drove my car home as lights etc still worked, the other car did look a bit worse.

I phoned her that evening to make sure she was alright (she was pregnant) and spoke to Mr Marwick. I suggested we each fix our own damage cos although I had run in to her, she was sitting on the road with no lights. He said he wasn't going to repair the car as the timing belt breaking was the cause of the breakdown and it wasn't worth it.

I repaired my sons car and had forgotten all about it until I received this letter.

It states in the letter that they assume it might simply be an oversight, but on whos behalf I have no idea.

Question is what should I do considering

a) the time lapse

b) the guy is claiming (for insurance reasons?) that the incident happened a month later than it did

c) the location is incorrect (maybe he had another accident)

I have no idea what my legal position is here, advice would be welcome

You complied with the law (Section 170 of the Road Traffic Act) by exchanging details.

Anything further is a civil matter.

Now you can either write back to them and tell them that its all wrong, or go through your legal advice people (assuming you gave free legal cover on your policy as most do). Let them argue it out?

The only problem with this is that you'll need to report it to your insurer, and as you've had an accident your premiums will go up.... that's the way it is! Even if its settled as not your fault and entirely theirs, your premiums will still go up.

I'd initially write back stating that its all wrong and you have no knowledge of an accident on that day. Don't say there was an accident on another date, just keep it simple

Oh, and I'd keep the fact that he may be attempting a deception offence in your back pocket for when or if it gets interesting!

You have records of the dates and times of the phone calls?

Thanks mate, seems they don't even know what car I was driving. Guy seemed sound at the time as well, should have reported it to my insurance at the time. You are never to old to learn

Nah, was just the one call that evening but I can't remeber exact date, but I know it was mid-November

if they never reported it to their insurance co. within 48 hrs then they aint got a leg to stand on.

they have been watching too many daytime tv adverts imo:)

just ignore them. if nothing was reported then nothing has happened. especially 2 yrs ago. all these muppet claims people try their luck but if the insurance company was involved then they would have a case. without it they aint got one. (afaik)

Alan,

I had an incident similar to this about a year after I learnt to drive. Glancing blows on a narrow lane. Both agreed at the time to fix our own, having passed details of course.

1 1/2 years later, I get a letter from my old insurance company saying that someone had just filed a claim against me. Turns out it was this old boy. I was so young and stupid at the time I basically rolled over and did not question it. lost my no claims, 50/50 incident on back lanes, and didn't even gain the cost of the repairs I had already done on the car!!!

I was not happy, and given K14 Sup (Sorry don't known name) comments regarding deception I would fight the hell out of it.

Why leave it soooo late!!!!

PM'd Alan back and go with what Steve has advised.

Keron,

Sorry only just spotted your thread.

I was told by my insurance company at the time that they can claim up to 3 years after an accident!!

Yea, I am pretty sure he had no insurance at the time, thats why he is claiming it is a month later, and I was quite happy to fix my own cos it is the family runabout. I will fight it, no worries on that score

Keron,

 

Sorry only just spotted your thread.

 

I was told by my insurance company at the time that they can claim up to 3 years after an accident!!

i know you have 3 yrs to make a claim regarding out of pocket expenses, whiplash etc etc! but i was told you only get 48 hrs to report it to your insurance co.?? maybe worth looking into perhaps?

Yea, I am pretty sure he had no insurance at the time, thats why he is claiming it is a month later, and I was quite happy to fix my own cos it is the family runabout. I will fight it, no worries on that score

if thats the case, who ever did you repair on your car, can you get a receipt off them for the work they carried out? also a date of the work carried out too on there?

just fight it out but i think you will be fine.

Thanks Guys

I know a few people who this has happened to and the other company backed down at the first sign of a fight. Their just trying to have one over on you. Chances are if this went to court you'd end up winning a nice sum of money

Besides as mentioned an acident is meant to be reported within 48hours.

oh - by the way. If this hypothetical accident HAD occurred, it would be entirely your fault - the fact she had no lights on is irrelevant.