False Personal Injury claim ! Help !

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tyrekicker

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My friend was driving home one evening when this guy pulled out of his driveway in front of him. My friend tried to avoid him but hit the front side of the guys car.

Now this guy has submitted a claim against my friend saying that my friend was on the wrong side of the road and on his mobile phone. All false.

I'm sure the Garda report will back up my friend's account, and that the claim will be thrown out. My question is what recourse is open to my friend for a blatantly false claim? Can he counter-sue?
 
tyrekicker said:
Now this guy has submitted a claim against my friend saying that my friend was on the wrong side of the road and on his mobile phone. All false.
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Where is he submitting his claim? Why isnt he submitting his claim to your friends insurance company rather than a court?
 
The guy pulled out onto the road from the left hand side turning right, my friend swerved but hit the front right on his car.

The guy has submitted a claim via the personal injuries board for whiplash, loss of earnings etc..etc..
 
Haven't seen the garda report but I expect they will confirm that accident happened directly outside the guy's driveway, i.e. he pulled out on the road without looking.

Just frustrating that someone would do this and then try to sue, and make up lies about my friend being on the phone, and on the wrong side of the road.

Is there any deterent to stop people makingfalse claims? Can they be done for perjury?
 
It should be easy to prove from phone records whether you friend was on a call at the time of the accident. If not, it would cast doubt on the claimants version of events & their injuries.
 
webtax said:
It should be easy to prove from phone records whether you friend was on a call at the time of the accident. If not, it would cast doubt on the claimants version of events & their injuries.
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Good idea webtax, - will do that.

Does anyone know if my friend can counter-sue for deformation or similar?
 
I had something similar happen to me. Based on my experience, AFAIK Unless a guard actually witnessed it, they have no say. The insurance companies will send out someone to make and assessment, based on the damage to the cars and marks on the road. You'd want to make it clear to the insurance compnay what exactly was the story. They don't care either way, just whatever works out cheapest to them.
 
Same thing happened to my boss. Was driving up to work when he hit off the car in front. It was his fault and all that happened was there was a damaged bumper. He offered to pay for the damage but the woman was having none of it. This was Thursday and by Monday a Solicitors letter arrived stating the usual, admit you are liable,sever life threatening injuries, etc. However, when the woman got out of the car, she told my boss that she was just on the way home from hospital from a previous whiplash claim.

A couple of months later, PIAB sent out a document enclosing a copy of what she had put in and asking for my boss's opinion. Under where it asks, did you have any previous claims, or any previous medical injuries she had ticked no. Anyway, my boss put in his version of events and it turned out she lied on the form. The insurance told us that she was a serial claimer and they had just shelled out substantially on the previous claim and she did not get away with this one.

PIAB send out a copy of the claimants report (I cant remember if it was to the insurance company, or was forwarded on by the insurance company) but your friend should definitely ensure he gets a copy of this.
 
How do you know this lady is lying? I presume you didnt see her medical reports and that your insurance company did hence they agreed to settle.

I mean just because she looked ok insofar as she could walk immediately after the accident doesnt mean she didnt suffer any injury.
Neither of us are medical professionals so I think it is unfair to jump to assumptions/conclusions.
 
There's nothing you can do...had a similar ding, young guy, appeared fine (only pulling away from traffic lights so wasn;t going fast at all....max 20kph). He was in work the next day and the day after for definate as I called (mechanic).....and out of the blue the insurance paid out over £3000 in damaged as he claimed he had back injuries (never made any reference to me when I spoke to him)

Insurance company said there are certain back injuries which are impossible to disprove, so they normally just settle them as it's not worth their effort!!

Put it behind you !
 
You could probably report this to the insurance company head office. Sounds like someone paying out to easily in the insurance company. Perhaps someone new or something, I had someone run into me, and then tried to pressure my insurance company to pay out, and the person dealing with it in the Ins company didn't seem to know what they were doing, or that the other guy had no legal claim. Was about to pay out till I kicked up a huge fuss about it. Got settled to each pay their own damages. I saw the other guy fixing up his car, which was claimed to be written off. Lot of fraud going around.
 
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