Help required....

  • Neils-on-wheels's Avatar
    Hi

    On 9th June this year, someone reversed in to my car during a very elaborate and bizarre reversing manouvere. I was in the car andmoving at the time. The other guy is to blame, but obviously no liability has yet been confirmed. We exchanged details, although he said he preferred not to, saying we should just drive away and cover our own costs (the damage to my car was about £1,500 and his would have been about £200, he wasn't able to give me his insurance details claming he lived in America, and all his details were there. I took all the details he gave me and informed my insurance company immediately. Here are some facts about him...

    • He is a British Doctor who claims to spend most of his time living between America and the UK
    • He claimed to not own the house he reversing in to and where the incident occured (although two cars bearing his personal reg were parked outside),
    • He admitted that the car did not belong to him, it belonged to a friend, although he would not give me their details, only a name
    • The car was a state of disrepair, and had a plastic bag covering the window which would have hampered his view, and caused the accident
    • He took photos of both cars, although he would not let me return with a camera and take photos of his car
    • He gave me an address which he no longer lives at
    • He tried to get me to sign a statement at the roadside stating my liability (which obviously I didn't)
    • He showed me his driving licence which was an American one to prove he was who he claimed he was

    I contacted the police the next day who said I should let my insurance company deal with the matter. My car has been repaired, my premiums have gone up and I had to pay £250 excess.

    So far, the insurance company have written to him several times, called his number and even employed debt collectors to visit his house, ask around his neighbours and chase him up seperately. Up until now he has ignored every call, every visit to his house and every letter. I have been told that they will try and contact him continously for a period of six months, and then they will issue a court summons. All he will do is ignore everything. It appears he has even advised the people who owen the car to ignore all contact too, as letters and visits to that address have gone unanswered.

    In the meantime I have managed to find and photograph the car in question, and all these details have been sent to my insurers.

    I went to the police again the other day to update them on the situation and they told me they can't do anything unless my insurers prove he is un-insured, although if he will not answer their requests, they cannot answer this question.

    I have so much evidence against this guy regarding this incident that if it ever went to court, he would not stand a chance. But my fear is that he will just ignore everything and I will never get my money, and he will never have to pay for his mistake.

    Is there anything else I can do? Thanks if you can help.
  • 9 Replies

  • Markyboy's Avatar
    That sounds absolutely crazy! The police seem more intent on prosecuting law abiding people doing 5 mph over the speed limit than people who are driving in unroadworthy cars with no insurance!!!! Surely this cannot be correct. You have proof that he hit your vehicle so surely the police are obligated to investigate??? What about small claims court to recover your costs???
  • davesdad's Avatar
    Hi
    I would have thought that the details i.e taxed,insured.mot,reg owner could be got in seconds with the police using pnc.
    I was hite by a French 44t.it took over 2 years to get sorted in my faviour
  • Deehell's Avatar
    This sort of stuff makes my blood boil. A few years back, I was hit in London's Park Lane, and whilst the damage really was slight, it did scratch my bumper - and the guy who did it gave me a false name and address. I weighed up losing a no-claims bonus in favour of trying to get £250 or so recovered, and decided against it. [As luck would have it, a bus went into me 8 weeks later, and it needed a new bumper and the bus company paid].

    I agree that the small claims court may be the route to go as I can't imagine a professional wants a court judgement against them. It sounds like your insurance company might take him to court if he doesn't answer but I guess that's for them to recover their costs, which exclude your excess. One thing to check out is if your insurer's policy covered you for legal expenses and if so, it's worth talking to them and seeing if you can get legal help that way.

    I guess if you had the time and the inclination, and you found out where he was practising as a doctor, I suppose you could leaflet his surgery or his practise with the story above - just print it out and stick it under a few windscreens. That might make him take you seriously. Or drop a note to the ethics committee of the British Medical Association or its Amercian equivalent asking if it finds such conduct appropriate? It might get you a little attention. Or try your local paper as they might take up your story....

    Do let us know how it turns out!
  • Neils-on-wheels's Avatar
    Thanks for that.

    I have all the details of this guy now (except where he works), I even have the number plates of a couple of his other cars - some big American 4x4, two Mercedes convertibles. The guy has money, but claims he is insured in the USA, so what insurance does he have these cars under in this country??

    My next door neighbour suggested I go around to his house and put a brick through the window of his house. I am not going down this route because I want everything to be above board and legal (he might sue me for defamation (spelling?) of character if I was to make anything public against him). Although, say anything did happen to his car - what will he claim on???
  • Cheeky's Avatar
    This must be really frustrating!

    As suggested above, I would contact the BMA and would issue a Small Claim writ for your excess. Both of these would at least force him to take some action - I am guessing he wouldn't want the Bailiffs coming round for one of his expensive cars for the sake of £250!

    If he is as wealthy as you believe, he might guess that he can fob off any claims against him by saying he is insured in America while paying for his own repairs (potentially cheaper than insurance).

    Why not report him to the police as you suspect he is driving without insurance - not on the day of your accident, but now. The police should at least check this out and ask him to produce his documents.
  • number plates's Avatar
    Get Nick Freeman on the case.
    He is the Mr FixIt motoring lawyer who represents all the Football and film stars.
    Manchester based, I believe.
  • Neils-on-wheels's Avatar
    The plot thickens...

    At the time of the accident the Dr wrote up a statement of what happened and put that I was to blame, I told him I wasn't going to sign aything because we both knew it was his fault, so he crossed out the paragraph which said it was my fault, and I signed it. I know you shouldn't sign anything, but the fact he had crossed out the bit about blame, I took this as he knew that liability was contestible, also he had described in detail the manouvere (which was illegal) and the fact that he did see me, and I was approaching at a slow and reasonable speed (although why did he continue to reverse in to me?) I felt enough of these would contradict him eventually. As it turns out, he has just got in contact with my insurance company, sent this statement in (which I submitted with my claim form) and said that it was my fault, here is the confession that I signed, and he wants his shed of a Volvo fixing. He will have done this out of panic because he will be getting letters now talking about going to court

    My spineless Insurance company (Admiral) have said unbelieveably that it does no look good for me as I have signed this thing, and therefore agree to his version of events, even though there are things in that statement which reflect better on the than him, they say if it goes to court, I could lose. I am going to inform the insurers to go back to basics, ask for his insurance detials and take it from there, if he cannot provide these, then he is uninsured, and I will get the police involved. I just feel this little **** is going to walk away with this, and I am going to have to pay. NEVER SIGN ANYTHING!

    Also, I saw the green Volvo parked outside his house without a tax disc, so I have reported that to the DVLA, and also his big American Lincoln Navigator should be English registered by now, so that is being reported too.
  • sparklelard's Avatar
    Guest
    It's on all of the policy documents - "Don't admit to anything and don't sign anything"

    You may have shot yourself in your foot here.
  • Neils-on-wheels's Avatar
    I know, and looking back, even if you think that by signing something you are endorsing flaws and events in the statement that back up your version of ther story. Signing someone elses statementis probably means you agreeing with their version of events.

    Balls. There goes £250, ad I have so much evidence, photographic etc that PROVES it was his fault.

    Not sure if it is relevant, but he dated the statement wrong!!