False insurance claim

[Deleted member 25172]

Just over 3 years ago, my girlfriend was involved in an accident where a car in front of her slammed the brakes in a roundabout without a car even being in front, causing my girlfriend to bump into them in very low speed. It had all the features of a staged accident and the people in the car had a history of similar “accidents” and everything was sorted by the insurance company.

This week, she has received a letter from a solicitors firm who have been appointed by her insurance company to represent her as there’s a claim made against her for what I’m guessing is gonna be for “whiplash”. 3 years later???

Now, in an ideal world we’d both just laugh at this matter, but it’s not an ideal world, so we’re both worried what could possibly happen if these pr*cks win. Have anyone else here had something similar happen to you? Can she be held personally responsible to pay out any settlement? These are of course questions we’ll ask the solicitor ASAP, but just wanted to see as said if anyone has been in a similar situation.

Don’t know really why I’m posting it here on a golf forum, but so upset atm so just had to get it out of my system I guess.

 

[Blue in Munich]

No personal experience of this mate, but it sounds like the claim has been made against the insurance company because of your girlfriend's insurance policy, and they are appointing the solicitor to protect their interests. I'd doubt you'd be personally responsible, that's what the insurance policy is there for.

 

[chrisd]

I agree with BIM but would just add that you inform your concern to the insurers that the accident was a scam. I believe insurers keep records that they swap and may have records of previous claims from this driver

 

[Deleted member 25172]

The initial claim was dealt with at the time, and they also had someone coming around to interview her and based on that and their information about the person claiming, they did not make them an offer due to their concerns.

What she received now is that they have launched a legal proceeding against her. Her insurance company have instructed a solicitor to work the case on her behalf though.

 

[jim8flog]

What I find interesting about this is that there is a 3 year limit for accident claims. (subject to certain criteria). Get her to ask the solicitor about the time limit.

 

[chrisd]

The initial claim was dealt with at the time, and they also had someone coming around to interview her and based on that and their information about the person claiming, they did not make them an offer due to their concerns.

What she received now is that they have launched a legal proceeding against her. Her insurance company have instructed a solicitor to work the case on her behalf though.

I might be wrong but my understanding of the law is that the insurers will see the matter through as they were her insurers and still responsible. If they can prove that their doubts at the time were justified then she should be ok and if not the insurers will settle anyway.

 

[Dando]

The insurers will pay out not your better half.

 

[Bunkermagnet]

"Your insurance company have conisdered this a fraudulant claim and have therefore refused to pay out, which is why they have instructed solicitors to defend the claim.
This is normal practice, and the interview you have had would have been their fraud team."

My wife works in the motor insurance field, dealing with a specific area.

 

[Deleted member 25172]

Thanks for the replies. Will update once we hear back from the solicitors.

 

[sev112]

How is this a claim against your wife, if she has not been served a notice of intention to claim against her? She needs to find out whether she is party to that civil claim or not, and I would suggest very soon. You do NOT want to just hope that someone else’s solicitor will act in your best interests even if they are acting for your insurer.

So find out if the claim is against the insurer or against her. If it is against you, then you ask your insurance company what legal protection you have on your policy, and then decide whether the solicitors they will offer are acceptable to you and the basis spy which solicitors fees and how any damages against you will be paid, And at that point the solicitor should be working for you and directed by you.

 

[Deleted member 25172]

How is this a claim against your wife, if she has not been served a notice of intention to claim against her? She needs to find out whether she is party to that civil claim or not, and I would suggest very soon. You do NOT want to just hope that someone else’s solicitor will act in your best interests even if they are acting for your insurer.

So find out if the claim is against the insurer or against her. If it is against you, then you ask your insurance company what legal protection you have on your policy, and then decide whether the solicitors they will offer are acceptable to you and the basis spy which solicitors fees and how any damages against you will be paid, And at that point the solicitor should be working for you and directed by you.

I’ll take a picture of the letter and post it here later tonight and perhaps that will bring clarity to those who know how this works.

 

[KenL]

I’ll take a picture of the letter and post it here later tonight and perhaps that will bring clarity to those who know how this works.

I would not be posting that on here. Suggest you seek proper advice to protect yourselves rather than displaying documents relating to your situation on a public forum.

Do you have family legal protection with your home insurance?

 

[SocketRocket]

Most Insurance policies have personal liability indemnity that will cover any claims for personal injury, at the worst you may be liable to pay a small excess on the policy. Sounds like your insurance disagree with the claim and will fight it, these insurers know their business well and only tend to fight a claim if they're pretty certain they will win it.

 

[Deleted member 25172]

Just to avoid any confusion here. I am NOT asking for advice on how to deal with this matter from this forum, but just asking if anyone have been in a similar situation and/or know more about it. We’re of course dealing with this with the insurance company and not sitting on our hands. She was given this on Sunday, so safe to say that at this point we do not know much more about it.

I don’t see how this could do any harm as it doesn’t reveal any identities, companies involved etc.

 

[Deleted member 25172]

Missus have been on the phone with insurance company this morning, and as most of you have already said - nothing to worry about. The claimants trying their luck as it's reaching 3 years after the first claim that the insurance company refused to pay-out on, so one last push to try and get some cash. They're covering everything and protecting their interests, and subsequently my missus.

 

[jim8flog]

Most Insurance policies have personal liability indemnity that will cover any claims for personal injury, at the worst you may be liable to pay a small excess on the policy. Sounds like your insurance disagree with the claim and will fight it, these insurers know their business well and only tend to fight a claim if they're pretty certain they will win it.

Read the small print - unless otherwise insured. The car insurer will be the primary insurer in a case like this.

 

[Robster59]

I hate these ambulance chasers. My missus had an incident like this a few years ago. Driving along a dual carriageway and there were a bundle of motorcyclists on a charity ride. Two overtook coming up to a roundabout and braked hard in front of her so she had to move to the outside lane to avoid them. Behind a woman on a motorcycle braked and fell off and then she tried to sue my missus for damages. Even though no contact was made and she fell off herself. In the end she got nothing but the insurance company did say that claimants like her go on to a list for making spurious claims and it has an impact on their future insurance premiums. GOOD!

 

[Bunkermagnet]

I hate these ambulance chasers. My missus had an incident like this a few years ago. Driving along a dual carriageway and there were a bundle of motorcyclists on a charity ride. Two overtook coming up to a roundabout and braked hard in front of her so she had to move to the outside lane to avoid them. Behind a woman on a motorcycle braked and fell off and then she tried to sue my missus for damages. Even though no contact was made and she fell off herself. In the end she got nothing but the insurance company did say that claimants like her go on to a list for making spurious claims and it has an impact on their future insurance premiums. GOOD!

Sadly, it goes on far too much now...even more so than a few years ago. Whilst we may hate the insurance companies at renewal time, they do provide a valueable service that can be a blessing at times.
Some of the fraudulant claims made now would astound you, especially the complexity and depth they go to. Surfice to say there is always the human element as well as those who dig that little bit more

 

[Foxholer]

I hate these ambulance chasers. My missus had an incident like this a few years ago. Driving along a dual carriageway and there were a bundle of motorcyclists on a charity ride. Two overtook coming up to a roundabout and braked hard in front of her so she had to move to the outside lane to avoid them. Behind a woman on a motorcycle braked and fell off and then she tried to sue my missus for damages. Even though no contact was made and she fell off herself. In the end she got nothing but the insurance company did say that claimants like her go on to a list for making spurious claims and it has an impact on their future insurance premiums. GOOD!

That doesn't seem anywhere as bad as (to both me and the assessor) the one that tried it on with my insurance company in a 'my fault' incident a few years ago. He got 3 months jail! I simply lost my NCB for a year! That motorcyclist (was their sex relevant?) should have gone through their insurance company (if they were eligible) as that's what insurance is for!

 

[Robster59]

That doesn't seem anywhere as bad as (to both me and the assessor) the one that tried it on with my insurance company in a 'my fault' incident a few years ago. He got 3 months jail! I simply lost my NCB for a year! That motorcyclist (was their sex relevant?) should have gone through their insurance company (if they were eligible) as that's what insurance is for!

No their sex wasn't relevant but if I'd have said a bloke on a motorcycle (which I would if it had been one) would you have questioned that?