accident that never happened

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Sat 29 Oct 2011 16:57
accident that never happened - clonedagain

About 13 months ago now I pulled in to a taxi rank to let someone out of the car (a bit naughty I know). I stopped about 8 feet behind a taxi that was parked there. The taxi driver then got out of his minibus and started accusing me of hitting his car, despite the fact that there was no damage. The driver was a very large and intimidating man who was getting very angry, so I decided for the safety of me and my passenger, we would leave and report him to the police. I some later got an letter of intention to procecute on charges of leaving the scene of an accident and careless driving, once I had spoken to the police and linked the incident to the call I had made, all charges were dropped on the basis of there being no evidence of anything happening. He also tried to claim on my insurance, but after eight months with him presenting no wittness or evidence of damage my insurance company informed me the claim had been closed. However about a month after this, nine months after the incident, the taxi driver suddenly found a witness and the case was reopened. My insurance are now saying that they don't believe that there is much prospect of my sucess in court and they intend to settle against me out of court (my insurance company still can't tell me what damage he is claiming for). It seems that there is nothing I can do to defend myself despite there is what I would call a reasonable doubt that an incident ever occured. Is there anything I can do, or is it possible for people to claim that anyone they see driving past has crashed into them, providing they throw someone a few quid to be a witness for them? I probably should mention that I did have an actual accident, were a learner driver pulled out at a junction, then stopped in the middle of the road with me running in to the back of them - a claim that I admitted liability for and was settled by my insurance company. This meant that when the incident with the taxi driver occured, I had damage to the front of my car - some thing I suspect he saw as an opportunity.

Any advice would be much appreciated - thanks

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Sat 29 Oct 2011 22:04
accident that never happened - Armitage Shanks {p}

What evidence has the taxi driver produced of damage to his vehicle? The Local Authorities are keen on taxis being in perfect condition so were any repairs done to his vehicle, where are the estimates and bills for his repairs? Does he claim to have been off the road and is he suing for loss of earnings? Apart from your car inurance do you not have legal insurance to help you fight exactly this sort of situation? I have just bought a year's worth for £12, independent and a lot cheaper than that offered by my insurer BTW. We must hope DVD drops by soon!

Maybe go to court and see if he will lie on oath!

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Sun 30 Oct 2011 07:38
accident that never happened - Dwight Van Driver

Police not acting so it is now a civil matter.

Two against one as seen by Insurance Company who no doubt think it cheaper to settle than fight..

Depending on what the alleged damage to the rear of the taxi was (damage heights may discount) if the Insurance Company could be persuaded not to entertain the claim a civil case would be interesting especially why the delay in the production of the so called witness.?

Was this in London. The reason I ask is that many, many year ago whilst on an Accident Investigation Course with the Met I was told this was a common occurrence especially involving buses of London Transport...make a false allegation one had caused the damage and they mainly paid up. Also have heard often practiced by those from the Indian subcontinent.

dvd

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Sun 30 Oct 2011 09:10
accident that never happened - Dave N

You mention you and your passenger, so surely you have a witness too?

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Mon 31 Oct 2011 06:57
accident that never happened - Armitage Shanks {p}

DVD does the Biz and Dave has "found" a witness! That's a good start to the week!

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Mon 31 Oct 2011 20:14
accident that never happened - clonedagain

Hey, Thanks for the help,

Armitage Shanks,

I've been trying to get information on what damage he is trying to claim for out of my insurance company for months now, they're not refusing, just ignoring my requests, but I think I need to push this, my car is an MX5, his was a VW transporter minibus-the difference in heights may yet prove something. Also I did indeed pay an extra £25 on my insurance for legal cover, but they are very clear on the fact that this is to cover people bring legal action against me, not for them to pursue disputed claims – I would say should have read the small print, but they all offer the same thing.

Dwight Van driver,

I suspect your right, but it still shocks me that I can be found responsible without there being any material evidence, in a criminal court this standard of evidence wouldn't stand – I guess the law doesn't work how I think it should, does seem like an open invitation to crooks though.

Dave N,

I do indeed have a witness, but my witness being known to me isn't as valid as his - even though mine came forward immediately – they haven't even bothered asking her what happened.

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Tue 1 Nov 2011 13:40
accident that never happened - concrete

Hello clonedagain, unusual for legal cover not to include this situation, you are disputing a claim afetr all. If they still won't play ball try the legal cover on your household insurance policy. This usually covers you for public liability and may be effective.

Also try the local authority and their taxi licencing office. If a taxi has been damaged, no matter how slightly it has to report this and catalogue the damage to assess roadworthyness. If he has not done this, bingo, you have hit the jackpot. Especially if he has no record of repairs. A bit late for advice, but always carry a camera and take pictures, this will put off the most blantant scammer.

Regarding your insurance company. I am not sure if you can simply instruct them not to settle the claim. After all it affects you too. Maybe someone on the forum has some idea of your legal standing with the insurance company. If they settle without overwhelming evidence and this affects your future record and premiums then maybe you could sue the insurance company in the small claims court for your damages caused by them. I would write to their CEO, recorded delivery, and express your deep disatisfaction with their attitude in this case. A bit to do, but worth it, even if just for your future record, but also for plain old fair play. Good luck. Concrete.

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