Mistaken (at best) Insurance Claim

[unclebulgaria67]

Well pay them the £10 and ask them for a complete copy of their records, including everything within the file as well as screen prints of all entries and comments added. It will cost them more than £10 to do this, but if that is they way they want to handle it. I suspect it is covering their backs, as the SAR is a legal request for information which they cannot refuse.

[Seminole]

Thanks for that. I hadn't thought of it that way but it appeals to my evil side

 

In their latest letter, DL say that they're expecting to close the claim at the end of February but they've said that before. Is it reasonable to assume that the closed claim will not have any impact on any future insurance quotations with them or anyone else or do I need to ask them to do anything specifically?

[unclebulgaria67]

Thanks for that. I hadn't thought of it that way but it appeals to my evil side

 

In their latest letter, DL say that they're expecting to close the claim at the end of February but they've said that before. Is it reasonable to assume that the closed claim will not have any impact on any future insurance quotations with them or anyone else or do I need to ask them to do anything specifically?

 

You would have to ask them about the status of any closed claim, as it would appear on the CUE (claims underwriting exchange) database. You need to know this, so you can properly disclose it in any future insurance declaration.

 

Technically, if they close down the claim because they believe no liability has been established by the third party, it is still possible for the third party to come back within 3 years for a personal injury claim. You almost want the third party to take you to court, so you can prove that you were not involved in any accident with them. Case closed !

 

It will still be a mess and could affect premiums, because Insurers tend to apply loadings for non fault claims or 'incidents'. You will not be happy with this, as you were not involved in this accident. Legally I am not sure what you could do. If there is a way it will cost money which you probably would not get back.

[Seminole]

Seems like even more reason to go after the third party and their solicitor. Previously I just wanted to do this to give some of their own medicine but it looks like I may have to do so to "clear" my name.

[Ganymede]

Seems like even more reason to go after the third party and their solicitor. Previously I just wanted to do this to give some of their own medicine but it looks like I may have to do so to "clear" my name.

 

 

 

What do you mean by "go after the third party and their solicitor"?

 

It looks like Court proceedings are going to be issued against you but if you can prove where you and the car were that would be the main point of your Defence.

[Seminole]

What do you mean by "go after the third party and their solicitor"?

 

It looks like Court proceedings are going to be issued against you but if you can prove where you and the car were that would be the main point of your Defence.

 

Possible but it looks less likely. It seems that the claimant's solicitor is unable to get instructions from their client. This merely increases my suspicion that the claim was an attempted [problem]. Moreover I'm far from satisfied that the claimant's solicitor took sufficient steps to validate the claim before firing off letters and threats. Of course I would be more certain of the position if Direct Line kept me properly informed and coped me correspondence that I've asked for three times in writing.

 

I intend to take whatever steps are necessary to a)make sure that this matter does not affect my insurance premiums; b) establish why DL have dealt with the matter so poorly; and c) recover my costs from the claimant and/ or their solicitor and establish whether this was an attempted fraud.

[unclebulgaria67]

Have you thought about contacting the Police force where this accident is supposed to have taken place, to see if their team that deal with these vehicle insurance type fraud situations wish to investigate. You never know, your information may be the missing part of the jigsaw which forms part of other similar reports and enables the Police to take action.

[Seminole]

Thanks for that. I'll contact them.

 

I did report the matter through the Action Fraud website a couple of months ago but they gave me a crime reference number but haven't been in touch. Having said that, the website doesn't allow you to give much detail about what happened.

[Seminole]

The DL Claims Dept called me today and told me that they've spoken to the claimant's solicitors who have taken instructions. They are instructed to continue to pursue the matter.

 

DL told me that there's now no chance that they'll be able to close the claim by the end of this month and, in theory, this could all drag on for 3 years.

 

It's now been more than 6 months since the "accident" and I haven't seen a single shred of evidence to suggest that I or my vehicle were involved in it.

 

In one sense I'm not bothered as I can prove where I was but, on the other hand, I am getting completely fed up with this continuing. Is there anything at all I can do to bring this matter to a head? I'm quite happy to pay a solicitor but I would like some idea of what they could do to help.

[SuperVillain]

DL are right they can't close their file now. DL should hopefully be instructing one of their panel solicitors to deal and they should contact you for your authority to deal with the matter.

[Seminole]

The problem is that absolutely nothing seems to be happening. The claimant's solicitors take an extraordinary amount of time to get instructions from their client and yet have been unable to produce any evidence whatsoever that my vehicle and/or me and/or my wife were involved in the "accident". I think DL are as bemused as I am peed off about this. I want to find a way to force their hand as I think they are being vexatious for reasons I've explained earlier in the thread.

[unclebulgaria67]

Well if the Police local to the accident are advised of this possible fraud, that might be a game changer. But it is persuading the Police to investigate which may not be easy. I expect that they will tell you that it is up to DL to report it them, as the fraud is potentially against them, with you just enjoying (not) the ride.

[SuperVillain]

I know how long it can take to get instructions from a Client, sometimes they just don't play ball. At a pre-issue stage it just protracts the whole affair however if this gets to Court there will be deadlines to keep to so the other side solicitors will have to do much better.

 

What's surprising to me is that the other side solicitors haven't approached you to prove your car wasn't involved in the accident, given that's the dispute. If I was that solicitor, regardless of whether I had instructions from my client or not I'd be on the phone to DL asking for evidence from you that your car wasn't involved. That would allow me to assess the strength of your defence before taking this to Court and advise the client accordingly.

 

Do you know what they're claiming for, is it just injuries or is there damage and car hire as well? (apologies if you've said this before)

[unclebulgaria67]

I know how long it can take to get instructions from a Client, sometimes they just don't play ball. At a pre-issue stage it just protracts the whole affair however if this gets to Court there will be deadlines to keep to so the other side solicitors will have to do much better.

 

What's surprising to me is that the other side solicitors haven't approached you to prove your car wasn't involved in the accident, given that's the dispute. If I was that solicitor, regardless of whether I had instructions from my client or not I'd be on the phone to DL asking for evidence from you that your car wasn't involved. That would allow me to assess the strength of your defence before taking this to Court and advise the client accordingly.

 

Do you know what they're claiming for, is it just injuries or is there damage and car hire as well? (apologies if you've said this before)

 

My suspicion is that the Solicitors are part of this attempted fraud. As soon as they hit on any problems, they play a game to string it out, so that they are not caught before moving on. There have been plenty of prosecutions for Motor Insurance fraud, where a gang of people have had Solicitors and Doctors working with them, taking a cut of the money they manage to get out of Insurance companies.

[SuperVillain]

My suspicion is that the Solicitors are part of this attempted fraud. As soon as they hit on any problems, they play a game to string it out, so that they are not caught before moving on. There have been plenty of prosecutions for Motor Insurance fraud, where a gang of people have had Solicitors and Doctors working with them, taking a cut of the money they manage to get out of Insurance companies.

 

You're right it could well be that...

[johnny10hands]

And of course, getting crucial information from this thread? B*stards they are. I feel for you. I really do.

[unclebulgaria67]

And of course, getting crucial information from this thread? B*stards they are. I feel for you. I really do.

 

Possible. You never know, but perhaps Direct Line have contacted the Police about a possible fraud and just cannot tell their policyholder. I can remember many years ago dealing with a motor insurance claim, where the Police were notified by us and we were in regular contact with them. But we were told not to disclose to our policyholder that the third party was suspected of attempted fraud. So it became very difficult when our policyholder phoned about their case, particularly when they asked about what was happening in regard to the third party.

 

So if the third party or anyone connected to them is reading this, then they should be aware that investigations may be ongoing and if they are involved in anything illegal, they could be found out.

[Seminole]

Finally! My insurer has just told me that the claimant's solicitors have withdrawn the claim because "they have been unable to obtain instructions from their client".

 

Thanks for everyone's advice here.

[2ltr16valve]

Brilliant news. Goes to show that just have to stick with things.

Something that you might want to seek clarity on is that there are no details held on the claims underwriting exchange CUE that would be detrimental to your future insurance.

[Seminole]

Brilliant news. Goes to show that just have to stick with things.

Something that you might want to seek clarity on is that there are no details held on the claims underwriting exchange CUE that would be detrimental to your future insurance.

 

They've given me that assurance verbally. Needless to say I'll be asking for it in writing:suspicious:

[unclebulgaria67]

Glad some progress has been made. The claim won't be deleted, so it will still appear on CUE, meaning you will have to disclose to future Insurers for 5 years. The important bit is what status will be attached to the claim when closed off. I suspect it will be non fault- no liability proved or something like that.

 

Make sure the claim status is clarified, so you know what you have to declare.

[Seminole]

Glad some progress has been made. The claim won't be deleted, so it will still appear on CUE, meaning you will have to disclose to future Insurers for 5 years. The important bit is what status will be attached to the claim when closed off. I suspect it will be non fault- no liability proved or something like that.

 

Make sure the claim status is clarified, so you know what you have to declare.

 

Thanks for this. Does that status mean that the "claim" will not have any impact whatsoever on future insurance quotations? If that's not the case then it's unacceptable to me.

[unclebulgaria67]

Thanks for this. Does that status mean that the "claim" will not have any impact whatsoever on future insurance quotations? If that's not the case then it's unacceptable to me.

 

A closed non fault claim will have some impact with current and future Insurers for a few years. The only way it won't have any impact is for the claim to be deleted from record.

[Seminole]

A closed non fault claim will have some impact with current and future Insurers for a few years. The only way it won't have any impact is for the claim to be deleted from record.

 

Can I insist that it is deleted? If they refuse do I have recourse to the Ombudsman or the court?

[unclebulgaria67]

Can I insist that it is deleted? If they refuse do I have recourse to the Ombudsman or the court?

 

No I don't think you can. I am not sure FOS or court would get involved. Your Insurers received a claim from a third party, where the liability has not so far been established. You may have evidence that you were in a different part of the country at the time of the alleged accident, but I am not sure whether the FOS or court would order the claim to be deleted.

 

Perhaps the way forward with your Insurers is to threaten them with a complaint to the ICO, if the claim is not removed. If you can evidence that the claim accident is nothing to do with you, then perhaps the ICO would think that under the Data Protection act, it is reasonable for inaccurate data to be removed.