Last year, my partner went to a flea market as a seller. When she was parking her car into a sellers bay, she lightly bumped into the back of another vehicle. Rear bumper to bumper. The owner of the vehicle was a metre away, beside her car on her knees arranging her goods for sale. She got up and inspected the bumper and both parties agreed there was no damage. No names or car insurance details were asked for or exchanged. The other party stayed for another 4 hours, from 6AM to 10.30 AM selling goods and then departed. We thought nothing of it, until 3 weeks later we received a letter from the police that we had failed to report a car accident where an injury had been incurred.
We were interviewed by the insurance commission and told that the other party maintained they had been crushed at the knee between the two vehicles. We understand the other party is making a substantial claim of injury and disability. Unfortunately, my partner had an overseas drivers licence and it had expired so she is technically, not covered by 3rd Party insurance, so any payout by the government agency could be recovered by the government from us.
We have had the interviews with the insurers private investigators and I'm concerned from what I hear, that the insurance commission will pay out too easily. So I am thinking of challenging the other party's claim on the basis of a fraudulent report. This would allow me to test their case on the legal standards rather than the insurance commissions standards.
My question is, under what area of law would I bring the claim against the other party and what is the relevant standard of proof for myself and the other party? Any other comments would also be welcome.
We were interviewed by the insurance commission and told that the other party maintained they had been crushed at the knee between the two vehicles. We understand the other party is making a substantial claim of injury and disability. Unfortunately, my partner had an overseas drivers licence and it had expired so she is technically, not covered by 3rd Party insurance, so any payout by the government agency could be recovered by the government from us.
We have had the interviews with the insurers private investigators and I'm concerned from what I hear, that the insurance commission will pay out too easily. So I am thinking of challenging the other party's claim on the basis of a fraudulent report. This would allow me to test their case on the legal standards rather than the insurance commissions standards.
My question is, under what area of law would I bring the claim against the other party and what is the relevant standard of proof for myself and the other party? Any other comments would also be welcome.