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Audi A4 Avant - Claims of Shame: personal injuries action - bazomis
I received a writ yesterday for a personal injuries action being taken against me, claiming £32,000 plus interest and expenses. This apparently related to a minor knock I had in my car nearly 3 years ago. The other party's full claim at the time came to £851 including car hire charges; mine was zero because the damage was so superficial. The 'victim' is now claiming though a 'no win, no fee' solicitor for, amongst other things:
- physical and psychological injury,
- cost of gym membership to assist with his rehabilitation
- private physiotherapy treatment
- to pay for decorators to redecorate his house because he could not do it himself,
-loss of earnings after taking time off work after the accident,
-loss of pension,
-tendering his resignation and not returning to work,
-help and assistance required with daily living tasks from his wife
- etc, etc

I've informed my insurer, who has appointed a solicitor to act on my behalf. Has anyone else on here had any experience of being on the receiving end of such a claim? Any suggestions on what can be done to defend or halt such a sham of a claim would be appreciated.
Audi A4 Avant - Claims of Shame: personal injuries action - galileo

If I had contacts in the criminal underworld I'd be tempted to arrange an 'accident' that put the claimant out of his misery. And his claim firm.

Audi A4 Avant - Claims of Shame: personal injuries action - Brit_in_Germany

Not much you can do since it is in the hands of your insurer other than collect any evidence you might have such as photos of the damage to your car, any notes of the accident you may have made at the time and not forwarded to the insurer etc and pass these to the solicitor.

Audi A4 Avant - Claims of Shame: personal injuries action - concrete

This sounds and looks like a real 'p*** take'. What took them so long to get mad?

This is obviously a civil case, which means the case is decided on the balance of probability rather than purely on legal definitions. Several years ago, the company I worked for had a similar writ about work we had done years previously. The list of complaints was a mile long plus the 'stress' etc etc. You get the picture. Even though we had been paid and had a satisfaction note signed. Our solicitor ran rings around them, questioned everything, muddied the waters so much the case was unpresentable to a court. It is annoying and it cost us about £800 plus the work digging through our records etc, but you are stuck with it. If you do the same they will probably go away. There is no real way to get back at them unless you can prove a vexatious claim charge, which we did. We employed a detective who made some enquiries and revealed that they were in deep financial trouble amongst other nefarious activities. When this was leveled at their solicitor it went very quiet. Then it went away. After 6 years it is out of time anyway. Unfortunately they did not have a pot to p**s in so we did not pursue a counter claim.

Do some digging on the internet, you may be amazed what you find to help you. Keep us informed and keep your chin up, this goes on for some time. Good luck. Concrete.

Audi A4 Avant - Claims of Shame: personal injuries action - slkfanboy

Sad but true. I refused to be a witness for a similar scammer. The accident to be fair was coursed by a van driving into the car behind me. The Guy in the middle claimed whiplash from the van driver. The guy was in a company car, so didn’t lose any earnings yet still tried it on.

If you have his address maybe you can follow him to work and get ahead of him and suddenly slam the brakes on, so he drives in to the back of you! And return the favour.

Back to the real world! I head on Radio 4 that the Insurance companies claim these claims on average cost the £50K and are look to the government for solutions. That was 3 years ago!

I would still consult a solicitor as 3 years may be too long for such a claim to be started.

Audi A4 Avant - Claims of Shame: personal injuries action - 72 dudes

Bazomis, what rotten luck. I have no experience of this, but from what you say, you have done the right thing, put it in the hands of the insurer who have appointed a solicitor who presumably specialises in fraudulent claims.

Clutching at straws slightly, would the "victim" not have had a letter 3 years ago stating the the £851 was in "full and final settlement"?

Easy to say, but other than what Brit in Germany suggests (digging out any old letters, diagrams, etc), the best thing to do is try and forget it and get on with life. The chances are you will hear nothing further for months and nothing bad will come of it.

Audi A4 Avant - Claims of Shame: personal injuries action - slkfanboy

Sadly the supreme recently judged that case can be re-open evan after being settle, so I guess they can claim

Audi A4 Avant - Claims of Shame: personal injuries action - AlexT

Really, if he had any serious injuries, he should have said so then, there are people with serious injuries from crashes, other than " It's been 3 years and I feel funny". You're lucky he didn't lose an arm, since 1 million euros seams to be the going rate for a lost arm here:

www.nineoclock.ro/road-company-to-pay-eur-1-m-dama.../

Alex