Fraudent personal injury insurance claim - what to do?

[sk8agrrl]

I was stationary at a red traffic light when my car stalled and rolled into the car infront - a distance of about 4 feet.

 

The cars touched but that was all. Essentially my registration plate touched her bumper but with no force and facilitating no movement of her car.

 

We exchanged details as is required by law but the girl driving the car agreed in front of a witness who was in my car at the time of the incident (which makes me wonder if their opinion will count with insurers) that there was no damage done to her vehicle and there was certainly no damage done to mine - although she wanted her mechanic boyfriend to check it out anyway.

 

It may help to know she admitted working for Esure insurance and knows all about insurance and accident claims.

 

She called later that evening to say her father had found (and i quote) "Barely visible to the naked eye white scratches on her black bumper". As by this time it was after midnight and being 7 months pregnant in this heat i was tired, I suggested we discuss it further in the morning.

 

By 10 am I had 4 missed calls. Two from her insurance company and two from mine.

 

I called my insurance and reported the incident explaining that her car hadnt even moved in the collision and that it was agreed there was no visible damage at the scene, only to be informed she was claiming for damage and personal injury.

 

There is absolutely NO WAY she could have been injured sitting in her Merc as a car went from stationary to rolling and touching (note: not bumping,hitting, crashing or jolting) her car. Tiny wee scratches to her bumper are one thing but personal injury is a blatant lie.

 

I am with Sheila's Wheels who last year paid out for damage to a car I did not do without checking with me first even although I had told them previously I was aware the person was going to claim historical damage - I even had photographic and witness evidence that there was no way I could have dented the car in the way they said (it was a car park issue). In the end S.W admitted they had been in the wrong and the issue with me was dropped but not before they had paid out to the other insurance company - they were worried about me taking them to court for not protecting my interests and were extremely helpful in this instance. As a result my no claims bonus was left intact as a goodwill measure on their behalf for their failings.

 

I have aired my concerns that they will again pay for damage and injury that could not have happened by this incident and requested they have both independently verified but im not convinced this will happen or make a difference.

 

I just wondered what I can do to ensure that this person does not get away with what is essentially insurance fraud and to ensure my insurance company treat this instance properly instead of doing it the way they did previously and just paying it regardless as they have a mutual agreement with some other company.

 

I appreciate that my insurance will have to pay for any damage to the car as there was no photographic evidence to proove there was none. I just dont want her mechanic boyfriend making up damage in a repair invoice and I sure as hell dont want her to be gaining financially for a personal injury claim that is fraudulent.

 

I appreciate that i will lose the 2 years no claims bonus but i feel there is a moral issue that i do not want to let go of...

[Mossycat]

OK first off don't worry too much.

 

This is fairly common and insurers are on the look out for fraudulent claims (both personal injury and property). If you have explained all of this to your insurers then they will look very carefully at the claim submitted from the third party before making any payment.

 

If you are worried about your NCB you can ask your insurers to let you know what (if anything) they paid out and decide if it's cheaper for you to pay that than lose your bonus.

 

Just sit back and let them deal with it, it's what you have paid them to do

 

Mossy

[Yorkyclaims]

Now, If my memory is right, esure and sheila's wheels are owned by the same company - Halifax??

 

It might be worthwhile writing a letter to the claims department advising that a member of their staff is, in your opinion, trying to defraud the company. This will almost definately get referred to her manager, who will be cc'd into all the claims process.

 

they will scrutinise the claim, and throw the book at her if it is proved she is lying.

 

Another good thing is that Halifax / Esure will not be happy if the member of staff appoints solicitors to deal with the claim rather than deal direct, as that will increase the costs.

 

Hope this helps

[sk8agrrl]

Thank you both Its reassuring to know about the company being owned by the same people I guess.

[Wulfyn]

Yes, they are both owned by HBOSI (Halifax Bank of Scotland Insurance).

 

 

More to the point EVERYONE who works for an insurance company will have undergone an induction which will have trained them on what insurance fraud is. If she is found guilty of trying to commit a financial crime then it will count as Gross Misconduct and she will have her employment terminated.

[Mrs_Jeeps]

Essentially there is a fine line between causation and fraudulent claims.

 

Causation or LVI is when you argue that the impact was so minor it couldnt have caused the injury/damage shes alleging. If I was defending this then I would raise causation. If the Esure then agree that causation is an issue then I agree with Wulfyn... chop for her!

[INSURANCEGUY]

Whiplash is claimed without damage, and I would imagine for 1 whiplash claimant, who was stationary, and therefore the veh is likely to have moved some impact- albeit only within the suspension.

 

I would not defend a low value PI claim based on causation alone.

[king123]

May I ask what the outcome was? I sure hope that liar got what she deserved (dismissal)!