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My partner had a claim made againist him in 2008, the person claims that he had hit their car. But he wasnt in the area that it took place, a letter came from his insurance company and he spoke to them and told them that it wasnt him. We thought it had all been sorted since we heard nothing back from either insurance companies.
At the start of the month, the insurance company making the claim contacted his Mother about the claim and later contacted him again. He has spoken to his insurance company as we were in 2008 that it had been resolved, but now the claimant is not letting it go. They have given my partner several different stories about what happened, they have given a total different discription of the car that he owns. Apparently my partner's car is a taxi and it is clearly not a taxi. Firstly it was front on damage and now they are saying he reversed into them. After all these different stories and the claimant not even giving a full description of the car and my partner it is still being dragged on.
His insurance company have come out to inspect the car and to write an report of any findings, also they are going to interview even though they have spoken to him several times over the phone and asks the same questions and he gives the same answers everytime.
Can anyone gives us advise on where we stand on this matter? at the moment it is effecting his car insurance renewal.
What is your insurance company saying about this? I presume they know the true identity of your car so if the TP is coming up with 'serveral different stories' and different discriptions of your car, then you don't have to be Sherlock Holmes to work out somthing isn't right here. Next time the TPs insuers contact you, your partner or his mother, tell them to kindly go through the correct chanels by dealing with your insurers as you have no knowledge of this 'incident' claim. Your insurers will however have to satisfy themselves that indeed this is a bogus claim before closing the case and re-instating your NCB.
Please Note
The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.
I would always urge to seek face to face professional advice for clarification prior to taking any action.
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We know it is a bogus claim as their story keeps changing and they can't describe my partners car. But my partners insurance company are still insisting on proving that it wasnt him by checking his car and also interviewing him, even though it is already obvious that it wasn't him or his car that was involved. Well we was wondering if we could take action againist them contacting his Mother as we haven't a clue where they would get her details from and it is wrong to contact her.
From what you are saying the insurance company seems to be taking the matter seriously and as such is obtaining as much evidence as they can to repudiate the claim. If they simply say "it wasn't our insured" then this probably wont make the Claimant go away.
However, If they provide detailed inspection documents of the car showing no damage, signed statements of truth from your partner and any other witnesses who can say with certainty where the car was at the alleged incident time and place i.e. not in an accident and miles away, then they have a sterling chance of either making the claim go away or succesully defending it in Court. If they left it for a few years and waited for the Claimant to issue proceedings then evidence obtained at that point would not be of much help to defend it becuase you are not going to be able to remember where the car was on so and so date etc, whereas contemporanoeus evidence should blow the claim out of the water.
Another point may be that the Claimant is telling the truth (albeit unlikely) and that your number plate has been cloned, hence the wrong car and driver description.
My advice would be to help the insurers as much as you can to defend the matter as it's probably in your best interests in the long run. Try and help them by remembering what you did on the day in question - did you go anywhere - do you have receipts for the day in question which may prove your location etc - did you see any friends or family who could give a statement as to your whereabouts and that of the car.
The insurers are trying to help you, however, if you don't help them then they are probably quite within their rights to not indemnify you and then you are on your own to deal with the claim.
Yes, we are leaving it to the insurance company now that my partner has done his part. Just got to wait and see for the end result now, thank you for your advice.