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A driver made a fraudulent claim against me - should I go to court or settle to save myself the hassle?
A van driver is claiming I damaged his van while I was reversing into a car park bay. I know for sure I did not hit his van. There are no marks on my car, so nothing to prove I dented his van. I took photos on the spot and supplied the same to my insurance company. I believe the scratch on the van is from a previous incident and the driver is just trying to blame it on me to save himself the cost that his company may claim from him. This happened in May 2017 and our insurance companies got involved, but the other party never shared any proof of damage from their side. I thought the matter was closed since there was no further communication since September 2017. However, I've just received another letter from the third party now claiming to go to the court. What shall I do? Settle it as it's not a big amount or let it go to court and stick to my guns as I know it's a fraudulent claim.
Asked on 4 June 2018 by Him M
Answered by
Honest John
Tell your insurer that you're happy to to court. His solicitor will have to provide all the evidence to your insurer prior to it getting to court. Ask your insurer to do a comparison report on both vehicles to see if the damage on his van matches up with the height of the bumpers on your car. If the other party refuses, the court would frown upon it as you are doing everything to assist him in his claim. He would more than likely be found in contempt of court if he lies under oath. Make sure you tell your insurer that this is a vexatious claim and in no way are they to settle.
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