Fraudulent insurance claim leading to more

[timmytim123]

I have a friend who was contacted by his insurance company due to a claim that he was in an accident and wrote off someone's car.

 

 

My friend was not in an accident and so following investigation his insurance company rejected the claim.

 

 

I've seen the photos of both cars, my friends car has not been in an accident,

and the other car is an old banger with a bumper literally falling off.

It might be worth mentioning the party making the accusation consist of three men who all have suffered from whiplash.

 

Now it appears that the fraudulent party are now going after my friend directly, he got the following corespondence from his insurance company:

 

We have reached the stage in the claim where the third party solicitors are now looking to commence legal proceedings against you,

and have requested your details in order to commence the same (which they are entitled to for this reason)

 

They have made an allegation that you were involved in the incident and have given false details at the scene.

 

 

My friend is obviously terrified having never been involved in legal proceedings other than buying a house.

Can anyone layout what he can expect?

I've told him he's got nothing to worry about as this false claim has been thrown out by the insurance company

and you can't prove something that never happened.

 

 

Practically can he refuse to cooperate as it is a waste of time?

Is he obliged to do anything? Is it time to get a solicitor or will the insurance company assist as they are involved?

 

Thanks for any advice. Any questions I'll relay and get back to you.

[ashmk]

Use your insurance legal cover, let them deal with it. It's what you pay them for.

[unclebulgaria67]

I have a friend who was contacted by his insurance company due to a claim that he was in an accident and wrote off someone's car. My friend was not in an accident and so following investigation his insurance company rejected the claim. I've seen the photos of both cars, my friends car has not been in an accident, and the other car is an old banger with a bumper literally falling off. It might be worth mentioning the party making the accusation consist of three men who all have suffered from whiplash.

 

Now it appears that the fraudulent party are now going after my friend directly, he got the following corespondence from his insurance company:

 

 

 

My friend is obviously terrified having never been involved in legal proceedings other than buying a house. Can anyone layout what he can expect? I've told him he's got nothing to worry about as this false claim has been thrown out by the insurance company and you can't prove something that never happened. Practically can he refuse to cooperate as it is a waste of time? Is he obliged to do anything? Is it time to get a solicitor or will the insurance company assist as they are involved?

 

Thanks for any advice. Any questions I'll relay and get back to you.

 

Let his insurance company deal with it and he should help them refute the claim. He should make his car available for inspection, where someone can check for accident damage or repairs. If he is advised of the date, time and location, he could also check whether he was in the area where the accident took place.

 

Often the third party will issue a court claim against the driver they think is responsible and that driver just passes it onto their insurers. The insurers then deal with the court claim on their policyholders behalf.

 

A claim like this with three injured people, a damaged car and other expenses, could come to £10k, which is why your friend may be keen to let his insurers handle it, while helping them as much as possible.

[timmytim123]

Ah good, so it's most likely he has to make himself available to the insurance company's solicitors. The actual claim failed against the insurance company after statements, interviews and car inspections. There is no evidence of an accident so it failed. That's a relief for him that he can pretty much pass the case over to the insurance company to handle. It's pretty irritating hearing about these cases and especially as my friend has a three week old baby to look after while returning to work. Thank you for the information guys, much appreciated.

[Conniff]

Ah good, so it's most likely he has to make himself available to the insurance company's solicitors. The actual claim failed against the insurance company after statements, interviews and car inspections. There is no evidence of an accident so it failed. That's a relief for him that he can pretty much pass the case over to the insurance company to handle. It's pretty irritating hearing about these cases and especially as my friend has a three week old baby to look after while returning to work. Thank you for the information guys, much appreciated.

 

 

So you are saying the car has now been examined by the insurance company and the claim thrown out, it that correct ?

[timmytim123]

So you are saying the car has now been examined by the insurance company and the claim thrown out, it that correct ?

 

Yes. The case has been investigated by my friends insurance company and rejected but now the claimant seems to be pursuing my friend directly. I tried to infer that from the sentence below. Sorry if I was unclear.

 

My friend was not in an accident and so following investigation his insurance company rejected the claim.

[steampowered]

The other person involved in a collision doesn't get to choose whether to issue a claim against them personally or against the insurance company.

 

In the courts, the claim always goes under the name of the individual. But the insurance company handles the claim and picks up the bill. Just let the insurer deal with it.

[ericsbrother]

Yep, if they issue a summons agaist him (correct procedure) he passes the claim onto the insurers. They will already likely know it has been issued but have to accept it from him as an interested party. The alternative to to defend himself and pass the buck at a later stage but they dont like that.

[Ganymede]

The other person involved in a collision doesn't get to choose whether to issue a claim against them personally or against the insurance company.

 

In the courts, the claim always goes under the name of the individual. But the insurance company handles the claim and picks up the bill. Just let the insurer deal with it.

 

Not strictly true.

 

The Claimant can name the individual driver personally or choose to sue the relevant insurer under the European Communities (Rights Against Insurers) Regulations.

[Ganymede]

Yep, if they issue a summons agaist him (correct procedure) he passes the claim onto the insurers. They will already likely know it has been issued but have to accept it from him as an interested party. The alternative to to defend himself and pass the buck at a later stage but they dont like that.

 

This.

 

The OP should tell his friend to pass any claim form to his insurers. They will then appoint a solicitor to act on his friends behalf who will deal with the claim for him.

 

The OP's friend must NOT try and defend this claim himself as his insurers may void the cover and refuse to pay out and damages or legal costs etc if he messes it up.

[steampowered]

Not strictly true.

 

The Claimant can name the individual driver personally or choose to sue the relevant insurer under the European Communities (Rights Against Insurers) Regulations.

Interesting, thanks. I was not aware of this.

[Ganymede]

Interesting, thanks. I was not aware of this.

 

No problem.

 

It's here:

 

The European Communities (Rights against Insurers) Regulations 2002

 

Right of action

3.—(1) Paragraph (2) of this regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.

 

(2) Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.

[unclebulgaria67]

No problem.

 

It's here:

 

That info is worth putting in a stickie post, as it might help others.

 

Will suggest to site team.

[citizenB]

Is it this entire thread that is required to be stuck or specific posts

[Ganymede]

That info is worth putting in a stickie post, as it might help others.

 

Will suggest to site team.

 

You're giving away my trade secrets. ;-)

[unclebulgaria67]

Is it this entire thread that is required to be stuck or specific posts

 

Just a sticky containing a post about the EU law about rights against insurers.

[citizenB]

Just a sticky containing a post about the EU law about rights against insurers.

 

Righto, will sort that for you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?457871-EU-Law-Rights-of-the-consumer-against-Insurance-Companies

 

I have copied post # 9, 10 and 12 into a stikky in this forum. Do you want it closed ?