A third party has made a motor insurance claim against me which I believe is either fraudulent or in error. I have cooperated with my insurer by replying to all of the letters received, and by answering their questions as best as I can.

My insurers were contacted by the other party’s agents because I was the only person to have insurance cover on the temporary vehicle at that time. The other party claims that there were no witnesses as apparently I accepted liability. The other party also claimed that I was of Middle Eastern appearance when in fact I am white, with hazel eyes and blonde hair.

My insurers asked me to confirm whether I was involved in this accident to which I confirmed that I wasn’t. They then wrote to me asking me to provide the insurance details of the person involved, or explain why I had allowed another person to drive my car without valid insurance - citing it as a criminal offence for an owner of a vehicle to allow another person to drive their car without valid insurance. I informed them that I was not, nor had I ever been the vehicles registered keep.

They then wrote to me asking me if the vehicle was still in my possession and if they could arrange for an inspector to assess my vehicle. To which I reiterated that the vehicle was not mine, that I no longer had possession of the vehicle, nor did I know its whereabouts. I also made clear that while the vehicle was in my possession, I allowed no other person to take use of it.

(As far as I understand, common sense should dictate that if this incident happened at all, and another person was driving this vehicle, during the time that I also happened to have cover, then surely they should be writing to registered keeper - available through DVLA, for this mysterious drivers details)

In spite of the fact that I informed my insurer several times that I was not the keeper/owner, and that I did not have the means to arrange an inspection since the vehicle was not in my possession, they continued to write to me asking me to inspect my vehicle, which incidentally was not the particulars of the temporary vehicle alleged to have been involved in an incident (but instead the main vehicle on my policy, not related to, or claimed to have been involved in this or any other such incident – to which I also informed them more then once). I was also contacted by their assessor who made the same request to inspect the wrong vehicle. I wrote to them once more repeating that I was not involved in any such incident, that I was no long in possession of the additional vehicle on which I had temporary cover, do not know the whereabouts of and that they keep on mistakenly asking to inspect the wrong vehicle.

Even though I specifically requested that they send all written correspondence through recorded post to ensure receipt, not one letter was sent via this method until their final instruction to me where they informed me that they were canceling my policy within 7 days – reason given that they were “disappointed to note that I had not responded to their letters” and they referenced 3 letters, going on to conclude that “we can only assume you are withholding information and as such, in line with point 4 of our general terms and conditions, will be canceling your policy within 7 days of the date of this letter”

Of the 3 letters they claim I did not reply too, letter 2 was never received and letters 1 was only received when attached to the reminder (letter 3). Their accusation that I have ignored their letters is baseless as I have sufficient acknowledgments from them as proof.

They have since railroaded the process and sent me another letter instructed me that I have a few days to accept their offer to represent me against this alleged motor claim. This will be on the condition that I accept full financial liability of cost incurred if things fall against me.

Please help, where do I stand? I also need my insurer to remove this alleged claim, refusal to renew my policy and early cancellation, since they are all actions that will be detrimental future insurance quotes.

I have until tomorrow to give them my answer to whether or not I accept their offer to represent me, otherwise I’m on my own apparently?

Incidentally, my policy came with free legal cover – but I’m not quite sure what that means and how I can use it if they are a part of the same corrupted organization.

Having found a document on Elephant’s web site, it seems that point 4 in their general terms and conditions refers to them being able to just cancel any policy by giving 7 days notice whenever a claim is made – surely I have misunderstood? Wouldn’t that effectively mean that they could simply take your money in exchange for them indemnifying you against any incident, yet if an incident arises, simply terminated your policy and then offer to help only if you agree to cover the costs?

Please help!

The paragraph in Point 4 of the General Conditions I think they are referring to states:

"We may cancel this policy at any time by sending seven days notice in writing to your last known address. If a claim is made or has arisen during the period of insurance the full premium is due and no refund will be given. This applies in all circumstances regardless or payment method"

Can this by right? If so does this mean that they can cancel a policy with seven days notice just because they want to? Or does it mean that if a claim is ‘made’ they can cancel it by giving seven days notice? If it is the latter, where does a person stand if, as in my case, someone has logged a bogus claim against me?

Can I ask a slightly difference question about the car in question?

Was the type of car ever in your poseession?

What was the circumstances of it being in your possession?

Was it the case that no changes were made to the policy when the car was no longer in your possession?

I am quite confused why you are being hassled if the description of the car, person driving etc,etc, is not you at all. Have you checked the address on the first letter in case it was sent to the registered owner of the vehicle?

The car was owned by a friend who received it from a debtor. This friend allowed me to use his vehicle temporarily so long as I was able to insure myself to drive it. Over a period of around 3 months, I used this vehicle no more then 8-9 times while my own vehicle was in for repairs of maintenance. My car insurance policy enabled me to add another vehicle for 30 days cover for a maximum of 120 days in the year for this purpose.

On the day this incident is CLAIMED to have happened, I did not drive the vehicle.

The incorrect vehicle being requested for inspection is down to maladministration on the part of my insurer (I attempted to put them straight, on that but it was to no avail). Regarding the description given by the other party, my only explanation is that my insurer probably assumed the description to be correct because of my foreign-ish sounding name. Had they requested a photograph, they would have realised it could not have been me or that the other party was telling lies

You need to speak to your insurer, stop this letter tennis as it is patently creating as many problems as it solves.

If they want to send an assessor out, then let them. I am sure the assessors report that the car in question is not yours or available, but that you look nothing like the description of the driver will get them to take notice. If they inspect your main car and find no damage then same result. At the end of the day Elephant WANT to believe you were not involved in an incident.

By the way, I don't suppose the friend who recieved the car from a debtor matches the description? Maybe the debtor wasn't too happy about giving up the car.

You need to speak to your insurer, stop this letter tennis as it is patently creating as many problems as it solves.

 

If they want to send an assessor out, then let them. I am sure the assessors report that the car in question is not yours or available, but that you look nothing like the description of the driver will get them to take notice. If they inspect your main car and find no damage then same result. At the end of the day Elephant WANT to believe you were not involved in an incident.

 

By the way, I don't suppose the friend who recieved the car from a debtor matches the description? Maybe the debtor wasn't too happy about giving up the car.

I have no problem with them sending out an assessor..in fact I wish they would..but they're asking the wrong guy..I've told them several times that I'm not the owner and that the car is no longer in my possession..The car has since been sold and I do not know the current owner..insurers, police and other such bodies have access to DVLA and MID..so they should contact the owner directly instead of harrassing me to grant something I have no power to grant.

The friend that received the vehicle doesn't fit the description either!

It really is an odd one..

I have just been through a complaint with Elephant which resulted in a financial settlement in my favour.

You need to make an official complaint and threaten them with the courts, trading standards and the FS Ombudsman if they don't resolve it.

Put a title on the letter of Offical Complaint (play them at their own game and make it red and in big type:D). In your complaint detail what you expect them to do about things. You might want to include a claim for compensation.

Also consider addressing the letter to Ceri Assiratti who is posted as the Managing Director on the Elephant Website. Alternatively Elephant is part of the Admiral Group PLC and you may want to consider directing your complaints their. (See this page for a list of execs.)

You want to demonstrate to these muppets that you're going to take their crap but also show yourself to be reasonable. Tell them you want to speak to someone who can make a decision on how to act. (i.e. you want the organ grinder and not the monkey).

I have no problem with them sending out an assessor..in fact I wish they would..but they're asking the wrong guy..I've told them several times that I'm not the owner and that the car is no longer in my possession..The car has since been sold and I do not know the current owner..insurers, police and other such bodies have access to DVLA and MID..so they should contact the owner directly instead of harrassing me to grant something I have no power to grant.

 

The friend that received the vehicle doesn't fit the description either!

 

It really is an odd one..

If they are insisting on sending an assessor let them then explain to the assessor why he's had a wasted journey, he will be happy NOT. It may also help that he'll see that you DON'T match the description of the alleged owner at the time of the incident

Great ideas guys..thank you both

I've sent in a letter of complaint and also said that if they cannot find the owner then I am prepared to use some resource to try and track the current owner.

I reckon I'll also send a copy to the MD like you said pin1ou

On the day of the incident you say you did not drive the vechicle. But was it in your possession or with the owner at that time? Do you have any witnesses as to what you were doing that day or the car you were driving?

I agree with the above. an official complaint is the way forward. Especially as they are getting confused with vechicles and descriptions. You will also need to get a letter confirming that your insurance was cancelled in error due to their mistakes. Otherwise that may crop up on records in the future when you are applying for inurance. Make it clear you are inviting a n assesors visit and full written report so that you can clear the matter once and for all.

On the day of the incident you say you did not drive the vechicle. But was it in your possession or with the owner at that time? Do you have any witnesses as to what you were doing that day or the car you were driving?

 

I agree with the above. an official complaint is the way forward. Especially as they are getting confused with vechicles and descriptions. You will also need to get a letter confirming that your insurance was cancelled in error due to their mistakes. Otherwise that may crop up on records in the future when you are applying for inurance. Make it clear you are inviting a n assesors visit and full written report so that you can clear the matter once and for all.

I had returned the vehicle back to my friends property (putting the keys through his letter box) at least 1 week before the date of the alleged incident..he assured me that no one else had use of it.

On the day itself I attended a friends wedding and was taken and brought back by a couple of friends that said they'd be more then happy to attest to that fact.

I had returned the vehicle back to my friends property (putting the keys through his letter box) at least 1 week before the date of the alleged incident..he assured me that no one else had use of it.

 

On the day itself I attended a friends wedding and was taken and brought back by a couple of friends that said they'd be more then happy to attest to that fact.

Are you in any wedding photos taken with time/date stamps ?

As much as I tried not to be...I certainly will be in some pictures..

I hope they or I manage to track the current owner to enable an inspection..thats my first call.

So far my insurers haven't shown any interest in trying to find out the truth..,,

When you get this sorted out you'll need to ask them if your details have been submitted to any of the fraud data bases such as CIFAS or Hunter & if so demand they be removed ........... then SAR both CIFAS AND Hunter to confirm

As much as I tried not to be...I certainly will be in some pictures..

 

I hope they or I manage to track the current owner to enable an inspection..thats my first call.

Then get on the phone to the person whos wedding it was mate and get them photos proof you could not of been driving the vehicle in the area that day... provided the wedding was a distance from the incident.. ?

I agree, tracking the owner. Can not understand why dvla have not been asked to pull the current recorded keeper, unless its not been registered ?

Even then, the reg should be flagged by police/dvla ANPR to stop the vehicle as its un-reg... ! They can also flag the reg for suspected fraud.

So your friend - who was the registered keeper at the time - had possession of the vehicle on that day and you have evidence that you were in a presumably totally different area at the time of\the alleged incident? The only reason they have come to you is that you had temporary insurance on the car. It could be that it was a completely different car and there is an error in the registration?

Have they ever given you any details of the incident or how serious it was?

surely your friend has details of the next registered owner?

And why would they buy a damaged car anyway?

does not make sense

Did your friend have insurance on the car as well?

Great ideas guys..thanks so much..I'm taking note of all of them because I will follow through.

On the registration of the vehicle, I think my insurers were just being slack..but it might be that my friends request to register the vehicle was not processed by dvla (missing in post perhaps as at least one explanation) before being sold on again.