False claim against me on my car insurance.

[LittleOne]

If there any experts on motor insurance claims out there, I need your help!

Someone has put a claim in against me for whiplash, for an accident I know nothing about.

It is from July 2005 and has been going on since then. I have been contesting it on the grounds I have not been involved in an incident, however the third party solicitors are about to issue proceedings against me, and my insurance company (well my old one, i'm with a diff co now) are saying they are not going to put a defense in as they think the third party will win and that i am going to loose my four years no claims discount!!!

I am really annoyed with this as I know I haven't been in an accident. I could understand if maybe they were claiming I clipped them and I had done it without realising but they are claiming for whiplash!

Where do I stand on this? I don't see why I should loose my no claims if I haven't been in an accident! If the insurers want to pay it then fair enough but why should I suffer!?!?!

Thanks guys! x

[tunecookie]

Have you asked the time date & location of the alleged accident?

[Darkangelsdelite]

This has probably already been settled but I've only just joined so just flicking through posts to see if there's anywhere i can help out.
For your old insurance company to not contest a claim, the third party insurer must have some very convincing evidence that you were liable for the claim. As stated above, get back in contact with the claims dept and find out more info about where and when this claim is alleged to have taken place. Then find out exactly what the TP is claiming for, was there any damage to their car etc. You also need to find out why you weren't notified of this at the time, the company should have wrote to you advising of a potential claim against you and asking why you haven't reported it.
Just by the by, you should usually only lose 2 years of you NCD for a fault claim, and not all 4.

DA.

[Rob S]

You could make a subject access request to your old insurance company and ask them for all the information they hold on you regarding this matter.

[JonCris]

If the 3rd party is issuing proceedings then your former insurer IS fighting the claim.

Contact them & ask what's going on. Remind them that dispite what is being claimed you never had such an accident. Ask them to supply you with copies of the evidence & 3rd partys statement for you to check......when you receive copies take it from there........in particular check what they have stated about are your vehicle details........correct reg....wrong colour......wrong model

[Nelly75]

Your insurer should also be asking the other side for a description of the driver. If its not like you could someone else have had access to your car?

Find out if the location of the accident is near where you stay or where you may drive etc.

Try to look back and see if the date and time correspond with when you were somewhere completely different (at work, holiday etc) There are lots of ways to fight it but if it comes down to court you will have to attend - and it will be down to the judge on the day whether they believe you or not.

[LittleOne]

Thanks for all of your advice, I'm doing an access request for a copy of my file! I'll let you know what happens!