Damaged car, where do we stand

[westviewfarm6480]

A known family of local scum claim that we put a scrape a down the side of a car parked on the side of the road. The scrape on the side of the car is 12 inches off the floor we had the the tedder on at the time and it travels approx 3ft off the floor we 100% know we didn't do it but they are persistently asking for money and threatening with insurance etc. We've said we're happy to get the police involved but don't know how to prove we didn't do it. Trouble is they are the kind of people that will do something like let cattle out or set fire to bales etc. Any advice appreciated thanks

 

[HatsOff]

You don't have to prove you didn't do it. Although in civil claims they only need to prove it 'on the balance of probabilities' but with zero evidence that won't be easy.

The 'right' answer is get insurance involved (police won't be interested unless they know them very well or you are being threatened) and let them deal with it. Tell them your version with as much evidence as possible - photos about how it wouldn't be possible, time passed, things said. You can't control what your insurance company does and they might tell them to shove off.

The unfortunate realist answer is even if insurance doesn't pay out it might still affect premiums and a few hundred quid to make them go away is cheaper. But that does carry the risk they try it again. I've got a dash cam in the car and have thought about it in the tractor too....

 

[livestock 1]

Knock his teeth out
It shuts them up for a bit

 

[sjt01]

A known family of local scum claim that we put a scrape a down the side of a car parked on the side of the road. The scrape on the side of the car is 12 inches off the floor we had the the tedder on at the time and it travels approx 3ft off the floor we 100% know we didn't do it but they are persistently asking for money and threatening with insurance etc. We've said we're happy to get the police involved but don't know how to prove we didn't do it. Trouble is they are the kind of people that will do something like let cattle out or set fire to bales etc. Any advice appreciated thanks

We once had a case alleging our fertiliser spinner had taken the paint off a car the other side of the hedge, not only that but it had bounced off the kerb and taken it off the far side of the car.
We and our insurance company were sure this was a scam, we went before a judge in Norwich who despite the physics of the situation proving it was impossible, agreed with the claimant. We all left the court with our mouths agape in disbelief. Apparently the judge was a very good family court judge but obviously had no understanding of the physical world.

 

[Boysground]

I’m seriously considering dash cams in tractors. The roads are getting worse.

A couple of years ago had a motorcycle say he came off because of mud left by my tractors. There is no way this happened, insurance just paid out to him. Last year when we were doing maize had a van stop my son and say a stone from our trailer chipped his windscreen. Chap was getting quite vocal until I appeared then he went quiet. I said i will only go through insurance. Didn’t ever hear back.

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[box]

Let the insurance companies deal with it, that's what you pay them for.

 

[topground]

If it is local scum the car probably isn’t theirs any way. Check its Tax and MoT status online.

 

[Tarw Coch]

As said above, put it in the hands of insurance, that’s what you pay it for.
And if you feel they are trying to intimidate you, report it to the police, they probably won’t do anything but should the matter escalate, they have been made aware at an early stage.
If the claimants are genuine they have nothing to fear by you doing the right thing and informing police and insurance, if they’re just trying to get some of cash out of you it may get not be what they want but you’re only following correct procedures

 

[YELROM]

I wouldn’t be so sure about letting insurance sort it out. We had a taxi go past the tractor when we were silaging and the lad driving the trailer said he pulled in,the taxi folded in his mirrors and drove past the trailer and pulled in to soon and caught the back of his car and bust the back window and scraped the car.
I spoke to our insurance company and they said they will just pay out on the claim even though it wasn’t our fault because it will be cheaper than going to court which I thought was wrong so I told the bloke we wouldn’t go through our insurance and he’d have to claim off his. Next I got a court summons from him so we went to court. I turned up with a lad that was driving the tractor and he told our side of it and the taxi owner turned up and told the judge what happened even though he wasn’t driving so the judge found in our favour as he hadn’t taken a witness.

 

[DrWazzock]

I’ve a claim that’s been going on for four years now against me. Completely unfounded. I’ve been interviewed by loss adjusters and I’ve written statements. The claimants are on their second set of solicitors. I’m quite prepared to go to court and argue my case but ultimately it’s down to the insurance companies so I’ve done what I can and just let them get on with it. Never communicate with the claimant directly. Leave it to the experts. You never know what a judge will say but if you’ve been honest and tried your best that’s all you can do. Just seems to be sad fact of life these days.

 

[bactosoil]

unfortunately insurers will payout in our experience to a third party if it's cheaper than going to court and arguing since then
All our tractors and telehandlers have dash cams and I think is a must
One of our drivers called from the side of the road with a smashed up windscreen ( tractor needed the cab apart to refit) he said a car came towards him and threw up a stone ...
Tall story I thought but nope he was totally right
Dash cam showed car and plate and you could even see the stone coming towards the tractor
Sadly defensive practise needed everyday

 

[CPF]

Do like a garage did to my car
They did over 6k worth of damage to the wrap on the car when they pressure washed it I told him not to wash it, but they did . The nfu
Are fighting it on my behalf, but the garage turned round and said we have got to prove that the damage wasn’t done before it went their premises
Which I did not take pictures of it arriving who would, I surely do now?

so tell them to prove that the damage wasn’t done before you went by and tell this to your insurance company it’s a big get out clause .

 

[livestock 1]

You really can’t win with people like this. If they are some bad family that you know are just sucking money out of genuine folks then paying them what they want is a bad idea. They will just look at you as a cash cow and keep coming for more. There’s a family like that here a lad driving our wagon bumped their car a ford sierra 1.6 put a small scrape on the back of it they wouldn’t even let me buy the car off them they wanted twice the value of the car to repair a scratch and the plastic bumper pushed off the fastners. They got paid next thing they accused us of something else after a good bollixing from me and a meeting they now don’t speak to me best way. They have been robbing others and trying ever since.

 

[grainboy]

Ah the glory of courts,
Years ago, when driving Hgv, had a minor, car pulled across me at lights, then stopped, I just nudged her near side, all photos taken but police not called, exchanged details, then on my way,
1 hour later had threatened phone call from her husband,
Boss, and insurance decided to take to court, they were claiming massive damages, phobia of now driving, hair loss, etc etc,
We attended court 150 miles away, , female judge deemed I had taken the photos after the car had been partially repaired,
The claimant got half her claim,
We walked out unbelievable to what had just happened,
WTF

 

[grainboy]

Then everyone is aghast at what vehicle insurance now costs,

 

[livestock 1]

A swale hogg on keep got out and was bumped with a car it was a scrap Volvo. The car was worth £500 the bloke was wanting a fortune to repair it there was nothing visibly wrong with it just a bend in the tin under the bumper. I offered him to buy the car off him for £700 you could buy one the same at the time for less than £500 he wouldn’t be on. He was a right sort no job knew everything. So I gave it to the insurance to sort out I asked them to pay him. They met up with him and wouldn’t be on with him basically told him there was nowt wrong with the car as far as damage went and his car was scrap. They ended up at arbitration with him he ended up with nowt.

 

[livestock 1]

Ah the glory of courts,
Years ago, when driving Hgv, had a minor, car pulled across me at lights, then stopped, I just nudged her near side, all photos taken but police not called, exchanged details, then on my way,
1 hour later had threatened phone call from her husband,
Boss, and insurance decided to take to court, they were claiming massive damages, phobia of now driving, hair loss, etc etc,
We attended court 150 miles away, , female judge deemed I had taken the photos after the car had been partially repaired,
The claimant got half her claim,
We walked out unbelievable to what had just happened,
WTF

A pair ran into the back of one of our muckspreaders the driver went through the windscreen passenger also injured. One of them accused us of ruining his career in the army. When the insurance solicitors rang the army they told them they hoyed him out because he was useless

 

[BuskhillFarm]

Do like a garage did to my car
They did over 6k worth of damage to the wrap on the car when they pressure washed it I told him not to wash it, but they did . The nfu
Are fighting it on my behalf, but the garage turned round and said we have got to prove that the damage wasn’t done before it went their premises
Which I did not take pictures of it arriving who would, I surely do now?

so tell them to prove that the damage wasn’t done before you went by and tell this to your insurance company it’s a big get out clause .

What car did you have with a £6k wrap?

 

[DrWazzock]

Then everyone is aghast at what vehicle insurance now costs,

That’s why I won’t just give in and told my insurance company not to if possible. Sick of compo culture but until we dig our heels in it won’t change.

 

[grainboy]

That’s why we went to court,
But still ended up in their favour,