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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5019
Experience:  Solicitor
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My wife has been accused of causing damage to another

Resolved Question:

My wife has been accused of causing damage to another vehicle in a doctors surgery car park. The other party immediately filed a report at the local police station claiming, "careless driving, failing to report an accident, failing to stop at an accident". In reversing her car out of her parking slot she did not have any contact with any other vehicle and this has been subsequently proven by an independent engineers assessment instructed by her insurers. My wife's insurers have now sent two letters refusing the claim. Throughout this whole process my wife has had many sleepless nights and been sick from the continued accusation of having caused an incident, which she clearly had not. My question is, do we have any recourse to compensation for all the stress and anxiety caused.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Can I wright directly to the Third Party claiming a reasonable sum of money£1300 for the stress, time and inconvenience caused through this totally false accusations? Or must we go though say a small claims court.
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What did the Police do with the allegation? How do you work out £1300?

Customer: replied 1 year ago.
The police have said there will be no further action on their part. A letter was received saying" This is a minor collision and I am happy to facilitate the exchange of names and addresses and leave it to your respective insurers to resolve; no further action will be taken". The £1300 was purely an arbitrary figure on my part. The point is that there has not been any collision involving my wife's car despite what the other party are claiming. These are false accusations for which I feel these people should not be allowed to get away with. When I spoke to the traffic officer about anybody being able to walk in off the street and file an accusation his reply was that this is not an uncommon event. It has been a very stressful time for my wife who has basically done nothing wrong at all.
Expert:  Jamie-Law replied 1 year ago.

Generally you can't claim off someone making a complaint. People are entitled and allowed to make a complaint to the Police. Sometimes people just get it wrong, other times people are just mean.

So I dont think you have a claim, unless the person was prosecuted for wasting Police time, but I will outline the process for you.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Jamie. Thanks for your response. One question at the moment, you say within 14 days of what? The letter from the police was written on the 24th. Aug, 13 days after an event my wife did not know had happened. I can understand there is no claim if a complaint is true but if it is completely false then surely there must be some recourse for the accused party else every Tom , Dick or Harry can just walk round accusing anyone of anything!
Expert:  Jamie-Law replied 1 year ago.

14 days from when you write. So 14 days, say from today, assuming you send the letter asking for it.

Does that clarify?

Customer: replied 1 year ago.
Hi Jamie. Yes thank you. Basic line is there is little we can do about the stress caused or the lies the other party have continued to propagate!
Expert:  Jamie-Law replied 1 year ago.

Sadly yes. People make complaints up all the time, otherwise people wouldn't be found not guilty at trial.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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