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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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claimed vehicle accident

Customer Question

I was contacted by my insurance company 2 month ago and they inquiring if I had an accident 2 month ago. Apparently I have hit a parking car. I was in that area that week but I didnt hit any car and I had no damages on my car. So I told my insurance company I am not aware of any accident. So now last week I recieved a letter from a private solicitor office, stating there was a witness who claims I have hit their client parking car and afterward I inspected my car seeing no damage I drove away without leaving any contact details. Also the letter threatens if I have not respond or advise my insurance company about this incident their will take legal actions. I found that weird they asking me provide them with the name of my insurance company, I thought they were in touch with my insurance company. So as I have no time and budget for a long legal dispute right now, i would like to know if they really can legally take this further? This claimed witness is enough for it? And also if I decide to sort this quitely and just tell my insurance company if I had that accident, could my insurance company turn around and take me liable because first time I denied the accident?

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Do you really not remember having an accident?

Does anybody have a grievance with you?
Customer: replied 3 years ago.

I dont remember and I only drive my car


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Is there any reason that this witness would want to lie about you do you know?
Customer: replied 3 years ago.

I dont know anyone in that area...and I dont know who is the witness.

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm not sure that I can really give you good news.

They very definitely can take this further. Whether they will or not is another matter but the evidence of this witness alone is sufficient I'm afraid.

That's not to say that it would be accepted. obviously some people do lie. However the insurance company and the court will take very seriously the evidence of this 3rd party with no apparent reason to lie.

in relation to whether or not your insurance company can dishonour the claim, that depends on the terms of your insurance. It is possible that you are under an obligation to report and in default they can refuse to honour the claim. It is not very likely that they would do that.

Can I clarify t anything for you?

Jo