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Old 23 June 2004, 02:12 PM
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boxst
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Default Car Accident Help

Hello

My wife has an accident the other day, and immediately (as within one hour) a solicitor was phoning on behalf of the other party trying to goad her in to saying it was her fault. Then the other party kept phoning complaining about the accident.

Now, I am in California right now, but I phoned to people and got extremely strong about the legality of harrassing someone and will do the same to the solicitors if they persist. They appear to have stopped calling, at least for the last 6 hours or so. Fault has not been determined and I would of thought that the insurance companies just sort everything out.

Just for my information though, is this normal? Or was my wife just lucky enough to have an accident with an opportunist who thinks there is some money as she had an accident?

Steve
Old 23 June 2004, 02:19 PM
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Scooby96
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Seems very abnormal and extremely unprofessional. Get onto your insurers legal dept and ask them to make contact with the third parties solicitor / insurer to warn them off their harrassment tactics. Make sure your wife keeps a record of every single call, time date, duration, what was said etc - might be very useful further down the line!
Old 23 June 2004, 05:09 PM
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Mungo
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If their solicitors phone again, let them know you'll be querying their behaviour with the Law Society.
BTW, why have they got solicitors involved already? That's a very unusual move. Are they not insured?
Old 23 June 2004, 05:18 PM
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fitzscoob
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weird, just sounds like they are trying it on tbh.

Are you 100% that it was actually an insurance company or solicitors and not one of the third parties colleagues trying to get your missus to admit liability?

thats the conspiracy theorist in me rising to the top

glad no one was hurt (i presume), let the insurance companies battle it out, if the calls keep coming make sure your legal team stress in their report that your missus has been harassed and put under undue stress etc etc

good luck hope it works out
Old 23 June 2004, 05:25 PM
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Markus
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Steve.
Has the indicent been reported to the police by your wife? if not the report it, also, when reporting it, make a point of telling the police that your wife has been harassed by the other parties insurance company/solicitor (or I should say get your wife to report it and tell plod she's been harrased).

When I had an accident (run of road by chavs), they were effing and blinding at me, and said "get his plate, we'll find out where he lives!" I therefore refused to give out my insurance details, so I popped along to the cop shop and reported the accident and made a big point of saying that I'd not supplied by details, though knowing it was law, as I saw the comments they made as a threat, the police totally accepted this and said that it was probably a wise move, and they would, when they contacted the chavs, make a point of rasing this issue of a threat.
Old 23 June 2004, 08:13 PM
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hedgehog
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Hunt around on the web somewhere for the Protection against Harassment Act, i think it is 1997. Excellent document as it says words to the effect that criminal harassment is an act that any reasonable person would deem as harassment. It is also a criminal offence rather than a civil offence and so the police can arrest someone for it and take criminal charges rather than like trespass, for example, where you have to take a civil action etc.

I have used this law to my advantage on several occasions, including against a mobile phone company. So far everyone I have quoted it to has backed off instantly, sent a letter saying I'd never see them again and vanished off the face of my earth.

As suggested your wife should record dates, times etc. and should positively identify that it is indeed solicitors for the other party who are phoning. She should then inform them that their actions amount to harassment and will be reported to police. She should report the harassment to the police, getting a crime number. Don't be put off, it's a criminal offence. She should then report any further contact to the police as harassment, as it actually takes 3 incidents for a court to deem it harassment.

My guess is that if it is really solicitors for the 3rd party then they will be well away after the first warning shot.
Old 23 June 2004, 08:35 PM
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Tasha
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Tell your wife to inform BT that she is getting 'nuisance' calls and they will intercept all calls, especially if she tells them you are working away from home.

Call BT on Freefone 0800 661 441 - 24/7
Old 24 June 2004, 03:33 PM
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boxst
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Hello

Thank you for your advice.

After speaking to me, they seemed to back off. I don't know if they just thought my wife was an easy target (not English / young / pretty etc..).

Steve.
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