Someone is falsely claiming injury against me - what can I do? | Ask Honest John

Someone is falsely claiming injury against me - what can I do?

I used to be a taxi driver. I had a fare one day last year - a mother and child. The child did the usual thing kids do and tried to get away with not wearing a seat belt. I stopped the car and asked the child to put on her seat belt, which she obliged. Later in the journey I arrived at the destination, the mother paid me, and left my car with her child. In the following days I received a call to say the mother is claiming I stopped too harshly at the destination and her child was thrown forward and into the back of my seat and is claiming personal injury against me. I have no video evidence to disprove her claim, is it simply my word against hers? Who is the onus on, to prove what happened? I'm so lost.

Asked on 12 June 2017 by Craig L

Answered by Honest John

Who contacted you? You have complied with your duty of care. If she is claiming the child was thrown forward it is her duty to ensure the child is restrained as the parent not yours. She would have to evidence the injury and the court would ask why she did not seek medical attention immediately if that was the case. Why would she wait a couple of days? The duty is on her to prove your negligence. Tell her your willing to see her in court and notify your insurer's that you believe a "vexatious" claim is being made and that you are in no way liable.

Tags: insurance claims insurance taxis vexatious claims false insurance claims

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