Fraudulent Personal Injury Claim made against me (x3).. Any advice welcome

[Kellogs1979]

Hello,

I really would appreciate some guidence about how to best get my isnurance company to represent me

 

In August 2011 I was received a claiment notification report from 'Fosters Solicitors' informing me of three personal injury claims being levied against me regarding an accident they claim occured on 28 May 2011.

 

Claiment One: first sought medical advice 30 May 2011

Claiment Two: first sought medical advice - 30 May 2011

Claiment Three: first sought medical advice - 29 July 2011

 

There was a small bumper to bumper tap with this vehicle, less than 5 miles an hour. Stationary traffic, moving between traffic lights. It was my fault. However there are some real points of concern to this case:

 

1. The accident did not happen until 13 June 2011, making the first two claiments of seeking medcial attention in May 2011 impossible.

2. To my view there was only one person in the car.

3. There was no damage to the car or any sorts - whislt I realise that it's really hard to detirmn whiplash and the cause, there was absolutly no significant jolt to cause injury to 3 people at the same time.

4. The claiments have never made a claim to any damage to their car

5. Alghough when an indpenpent damages assessors went to assess their car (they gave us both 24 hours notice), the morning of the assessment they notified the assesors that their car had gone into the garage for 'remedial work'. They had no photographic evidence of damage and a claim for the car is still yet to be submitted.

 

I have pointed out all of the above to my insuance company (Bell) hiowever, given that I have agreed that I was at fault on 13 June then they are probably going to pay out the claim.

 

I have followed this up twice, and now the claiments have admitted they got there dates wrong and it was infact 13 June. result I thought, then I cannot be responsble for injuries they sought medical attention for in late May. They say not the case.

Bell are refusing to even request release for a copy of medical notes - I was told it is illegal - which i don;t belive to be right. They can request, but they don;t have to give permission, only if it went to court.

 

Further, a copy of the 'claiment notification' from all three parties is filled out so sparcely it gives no information apart from their personal detials, when they (apprently) went to see a doctor and whiplash. There are pages and pages of questions which are left unanswered. All of this together, surley this should raise alarm bells and justify some investigation.

I have now asked for my full claim notes to be released to me under the data protection act, so that i can see what has been actioned on this claim. I don't feel they are properly investigated this claim.

 

Questions to the group

- Can I ensure this claim isn't settled whilst i am still contesting it?

- How I do get Bell to actually investigate properly - would it be worth contacting the Obusman to complain about their lack of service to me?

- Should I look to make a complaint against their solicitors 'Fosters' for procedding with a claim with so many holes and submitting a form with 96% of questions unanswered. Sureley they have a legal obligation that if they doubt the intergrity of the claim not to persue. Who is their regulator and has this ever happened before?

 

 

Lastly, I would like to say how this have massively turned my life upside down. My insurance has risen this year to nearly £2000 which I cannot afford. It's a struggle to get my kids to school and get to work without the car, and i may need to leave my job due to lack of transport. I really need to get this resolved. If anyone can offer valueable guidence i would be so grateful.

 

NB: pls excuse typos.. typing in a rush.. Kelly

[rebel11]

Hi kell

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to correct forum.

[Ganymede]

Hi,

 

At the end of the day you are liable for the accident so your insurance will go up regardless of any PI claim.

 

In relation to the CNF, most of the questions aren't relevant to every claim and so may appear blank to you but in reality they are not as you cannot actually submitt the CNF without completing all the required boxes first.

 

You have no complaint at all against Fosters Solicitors, they have taken instructions and done nothing wrong. They may have got a date wrong but admin errors happen.

 

Do you honestly think that there were less than 3 people in the car? Can you be 100% sure? If so you should tell your insurance company. You may have to sign a statement of truth or even attend Court to give evidence under oath so make sure you are 100% sure.

 

Under the news claims process brought in by the governemnt in April 2010 medical notes/records are not required to be obtained before a medical examination. The examining medico-legal expert goes of the say so of the Claimant.

[Endymion]

I agree 100% with Ganymede in that whatever the outcome you will be paying an increase in your premium and that the CNF is just an admin error. I also agree that there is very little you can do about defending this claim other than voicing your concerns to the insurance company of the low velocity impact and if you think that there are too many claimant's as opposed to occupants, that there maybe a fraudulent claim.

 

In regards to medical records Ganymede is again correct and also the case of OCS Group Ltd v Wells confirms that the Claimant(s) has no duty to disclose medical records before proceedings are issued.

You definitely can't complain about the Claimant's solicitors as they have done absolutely nothing wrong.

[Kellogs1979]

thank you for responding above. The point that I query is that yes I admit liability to a claim made on 13 June. but they sought medical attention BEFORE the 13 June. Does this not prove that I could not of caused their 'injuries'?

[Ganymede]

I thought it was established that this was a typo?

[Kellogs1979]

hi, Yes They have now agreed the accident happened on the 13 June They previously said 28 May. whilst the date of accident has changed, The date they saw the doctor hasn't. I find it impossible that three people can confuse the date they first saw a doctor regarding injuries on three seperate forms. There was def. not three people in the car. I'm totally at a loss to what to do. Sounds like I am stuffed

[Endymion]

The OP states that Fosters had come back after the CNF was queried with a date of the 13th June.

 

I suspect the claim will have been registered by a secretary or some school leaver paralegal who will not have paid any attention to the details and/or copied and pasted the wrong info.

 

Easily explained away and happens (i am told) quite a lot due to the high voume of these claims processed by some companies.

[Ganymede]

hi, Yes They have now agreed the accident happened on the 13 June They previously said 28 May. whilst the date of accident has changed, The date they saw the doctor hasn't. I find it impossible that three people can confuse the date they first saw a doctor regarding injuries on three seperate forms. There was def. not three people in the car. I'm totally at a loss to what to do. Sounds like I am stuffed

 

 

 

Depends on you definition of "stuffed".

 

You are liable for the accident and you premiums will go up either way, it's not like you'll have to pay out for the injury claim yourself.

 

If you are so sure that there were not 3 people in the car tell your insurers.