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false claim against my mother


MrHat
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My mother has had a call from Churchill insurance (her insurer) saying that a claim has been made that she was in an accident in dec 2014 and the other person is claiming.

 

She has not been in an accident, or driven in the city where the accident supposedly happened. It's a log way away.

 

Also on the dates, i was with her as i was visiting for Christmas holidays.

 

They are saying she has to prove it wasn't her or her car.

 

Dhe is worried that they will payout on the say so of the claimant.

 

1. How could this happen

2. Who is the burden of proof on

3. Any other advice

 

I would appreciate any input from the cag community

 

Thanks

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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cloned number plate?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well you could have a difficult job because by and large insurers don't care. There will be happy to pay out the money in order to save themselves the cost of a lot of aggravation and of course they will then hit your mother for extra money for her next insurance – and they may even try to say that her previous insurances should have cost more as well.

 

I think that you need to write them two letters. One is a letter which formally denies that she was in any accident or that she was even in the area at the time. The same letter should warn them that if they try to pay out on the policy without without being satisfied that she was involved in the accident, that she will complain to the ombudsman and that she may even go on to bring a court action under ICOBS which requires that the insurance company treats her fairly. Read up on ICOBS – and only make the threat once you know what it means. Tell them also that they want a full details of the claim that is being made against her and any evidence which they might have.

 

Tell them that once again, under ICOBS, they have a duty to communicate with your mother fairly and that it would be in breach of the statutory obligation they did not supply you with this information.

 

Separately – meaning a separate letter, in a separate envelope, send them an SAR so that you get all the information you can which they hold on her.

 

Come back here when you get some answers

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Great reply. Thanks. I'll get on it...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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She does not have to prove she was not in an accident. It is up to the third party to satisfy Churchill that a car they insured was at fault for an accident. Churchill should not be paying out, unless they are satisfied.

 

Suggest your Mum sends a recorded delivery letter to Churchill making it clear that she was not involved in an accident in December 2014 and has never been to the place the third party says the accident took place. Ask Churchill to supply more information about the third parties claim, as it is believed a mistake has been made in identifying the correct vehicle, perhaps through a wrong registration being written down.

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Is there any mileage in asking why the delay in making the claim?.

18 months seems excessive ........

 

Inevitably there will be a claim for whiplash involved, whereby the claimant has up to three years to make a claim. Insurers are getting hit with a lot of these, by claimants knowing that very often by that time the vehicle may not be with the same insurer - or may not now exist at all!

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As suggested you have to move rapidly because any claim under £5000 is paid without questions in my experience.

My wife was deliberately hit at 1 mph in a car park while reversing, by the same driver who had signalled her to carry on.

The other driver first asked £250 cash on the scene but my wife said no because the cars had no damage and the other car was a scrap not worth a penny.

This driver went on to claim for whiplash and declared of not being able to go to work for 6 months.

Despite me sending pictures of this driver lifting boxes in her shop three days after the accident the insurance paid out £4900 and they even had the cheek to say that they're not interested in investigating a false claim because it would cost more.

Result: Fault accident record on my insurance and rip off premium at renewal and for the following 5 years.

I wish I had asked advice on cag at the time 😩

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Along with a separate SAR, this is my first draft for the main letter. Words not flowing on this lazy Sunday Any thoughts/input?

 

--------------------------------

 

I received a call from Churchill Insurance at approximately TIME on Friday 16 July stating that a claim had been made by a third party for a road incident which took place on X December 2014 in Oxford. No further details were disclosed.

 

My Involvement in the alleged incident is denied. My car’s (reg) involvement in the alleged incident is denied.

 

On the X December 2014, I was in xxxshire (approximately 160 miles away from alleged incident) and so was the car (reg). Furthermore, my car has not been driven to or near Oxford at any point since it was purchased in MONTH 2013.

 

Based on the limited information provided so far by Churchill Insurance, I believe this claim to be either mistaken or fraudulent and do not consent to a settlement in the claimant’s favour.

 

With concern, I have read articles in the media about insurance companies paying for false or incorrect claims without taking the necessary steps to be satisfied that their client was responsible and liable.

 

I advise that a similar action in this case will be contested via the Financial Ombudsmen Service or by bringing a court action.

 

As a company regulated by the Financial Conduct Authority, Churchill Insurance and its underwriters are required to treat me fairly and to communicate openly and fairly (ICOBS). As such, please send me the particulars of the claim together with any relating evidence you have on file.

 

It would be a breach of your statutory obligation to settle this claim unfairly or to not provide the information requested. A record of conduct will be filed for the proposes of cost assessment, should this matter be heard in the County Court.

 

I hope this is not necessary and look forward to a full response within 14 days of this letter.

 

 

 

-----------------------------

 

 

One question I do have: If a court action was launched later on, I assume we would need to be able to prove a financial loss (e.g. due to increased premiums). In terms of a complaint, I assume they could just get a slap from the regulators (in theory). i.e. mum's claim would not be 'for not following their statutory requirements' but for financial loss??

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Good letter.

 

Yes for a court claim, you need to prove a loss, which might be Churchill applying a premium increase directly related to an accident claim payout she has never had.

 

Any Insurers paying out to third parties without a diligent process for checking validity of claims, would have to answer to the FCA handbook rules on their financial conduct. If they are paying claims willy nilly, it means that they are potentially making avoidable losses, which feed into having to increase premiums.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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