Claim after 5 years?

Question

I had a minor car accident 5 years ago and now have a debt collection agency claiming I owe the MIB £11,500 for a personal injury claim I knew nothing about. I paid £300 for repairs to the car at the time to save my no claims but have NO insurance documents from that time. I suspect that the other party (who I nudged in stationary traffic at about 2 mph) waited until their car had been fixed and then started with the "oh my neck hurts" and put in a claim. I have no problem with that BUT I have a problem with not being informed at the time.

Answer 1

Yes, very dodgy: I don't think that damages would have been awared without you receiving a court summons or any other info: WRITE to the MIB & ask them for all relevant info to the case, explaining that you have had no other contact regarding this matter, and if it seems ligit, pass this on to your insurance company.

The problem here is that the MIB is there to protect against uninsured drivers, which would suggest you weren't insured at the time.

I assume that if you did hit someone, you would have exchanged insurance details at the time, and therefore the other party will probably still have these details, but the MIB should certainly have all the relevant documentation pertaining to the case.

Answer 2

You want to be a bit careful here because you don't want to be admitting liablity for anything at all.

Firstly you need to contact these debt collection people and ask for them to send all documents they have detailing what happened, where you signed etc etc. Debt collection agencies like to use scare tactics and will stop at nothing to try and get payment out of somebody, regardless of what evidence they have. Legally they have to provide you with some form of written evidence of this so called debt before you can be expected to make any sort of payment.

Secondly, try your hardest to remember who your insurance was with at that time and ask them for confirmation of this. In line with data protection they have to retain this information for a minimum of 6 years so they should still have this somewhere.

I would also suggest speaking to citizens advice to see if they can help you further.

I really don't see for a minute that you can be expected to pay this. I had an accident years ago, that was actually my fault and the girl who was in the car with me claimed, but the cost never fell onto my shoulders to pay, I don't know who it goes to but I'm pretty certain it's not you.

I hope this helps, play hardball with the debt collectors, they'll soon cool off. Good luck

Answer 3

I would think they just contact your insurance company my husband was in an accident 5 years ago and his case still isn't closed

Answer 4

get in touch with watchdog, that just sounds wrong for me.  5 years is a h**l of a long time for a whiplash to spring on you all of a sudden.  I wouldnt pay a penny.

Answer 5

Do not answer this correspondence, pass this and any other correspondence about this claim to you insurance company.

In saying the above I assume you are still with the same insurance company that you were with at the time of the accident. If not, then there could be complications as a different insurance company will have no liability for any claims which may arise from this accident.

You say you paid out £300 pounds for the repairs to the other parties vehicle, did your insurance company know this?

You are obliged to notify your insurers of any incidents that occur. Get in touch with your vehicle insurers Immediately and spell out the facts of the incident to them this would be better in writing.

Answer 6

Something strange about this.

A debt collection agency only becomes involved when someone has failed to get their money.

You need to find out who the debt collection agency is working for, that is the person or company who want the £11,500.

Secondly, £11,500 is a substantial sum, which court awarded this? When? Why were you not present to defend yourself?

If it were me, I would be seeking answers to all those questions.

Answer 7

Pass .all letters and papers from them to your insurance company