I'm the victim of insurance fraud, my

Teddy_Picker

insurers are aware, but won't prosecute or clear my name. Any advice, please? Someone made a false claim against me, and came up with an 'independent' witness. Turns out she is the mother of his child and his car is registered to her address. My insurers have a copy of the child's birth certificate. Thanks. I've been advised not to bother with the insurance ombudsman.

Quentin

See a solicitor, or go straight to the police.

Teddy_Picker

Quentin wrote: »

See a solicitor, or go straight to the police.

What could a solicitor do for me? Could it cost me a lot of money? Sorry, don't know much about these things, was hoping my insurers would want to sort it out, but they seem content to let it pass, they've been obtructing me at every opportunity.

Quentin

A solicitor would be able to advise you. But if you cannot afford one, and you are convinced of the fraud you should report it to the police - assuming you are the victim, and not your insurance company!

Teddy_Picker

Quentin wrote: »

A solicitor would be able to advise you. But if you cannot afford one, and you are convinced of the fraud you should report it to the police - assuming you are the victim, and not your insurance company!

Thanks for your help. What happened was; Someone said I knocked their motorbike over, this never happened. Went to court and the Judge found in their favour because he had a 'credible' witness. Later found out it's his girlfriend. My insurers paid out. I gave them evidence of the claimant's relationship with the witness, but they have no interest in prosecuting or trying to get their money back. One of their staff told me (off the record) that it's obviously fraud and perjury, but it's more cost effective to let their innocent customers take the blame, and the costs. Why wouldn't they want to convict in a pretty much cut and dried case?

mattymoo

Had you had the evidence before the court case then yes, your insurer should have backed you.

However, if it has only come to light after the trial, the insurers would need to fund an appeal. The only people that win in these cases is the solicitors and barristers. Typical appeal costs are in excess of £10k. I suspect the amount in question was far less than this hence the decision to let it go.

While the relationship with the claimant does taint the witness, it does not necessarily mean the court will agree it is fraudulent.

Teddy_Picker

mattymoo wrote: »

Had you had the evidence before the court case then yes, your insurer should have backed you.

However, if it has only come to light after the trial, the insurers would need to fund an appeal. The only people that win in these cases is the solicitors and barristers. Typical appeal costs are in excess of £10k. I suspect the amount in question was far less than this hence the decision to let it go.

While the relationship with the claimant does taint the witness, it does not necessarily mean the court will agree it is fraudulent.

They paid out £18,000. The man approached me two weeks after the alleged incident, because he 'remembered' the first few digits of my reg plate. When it was pointed out to him that there were in fact hundreds of vehicles with the same prefix, he produced the new witness and they both said in their statements and under oath that they didn't know each other.

mattymoo

Hmm, tis a fair amount involved. Unfortunately though, you are in a weak position to get this overturned.

1) the judgement needs to be appealed and that is costly in terms of court time and legal fees.
2) although you have proven a connection between them, you need to prove that she lied under oath and that is going to be harder - since no doubt they will deny it.


What is it you wish to achieve here?
The insurers have lost £18k, you have presumably lost your NCD and had a premium loading.

You might get somewhere asking your insurer to reinstate the NCD and remove the premium loading. You would need to suggest it was their own failure to investigate that cost them the £18k. This could possibly work.

Of course, its going to stick in your throat that somebody gained £18k by lying but I cannot see what can be done without incurring huge costs either by you or your insurer.

I suspect the police will wash their hands and say "this is a civil matter".

Debt_Free_Chick

I think that, strictly speaking, it's the insurance company that have been the victim of a fraud so any decision to pursue this further is their choice. And for £18k it's not worth it - it will cost them far, far more than that to take the matter further.

The only "blemish" on your record is a claim against you for £18k. Your "loss" is going to be far less than this - just the increase in premium for someone with 100% NCD.

Whilst I fully understand and agree with the injustice, I don't see that it's worth your while taking this further.

Just chalk it down to experience; remember that they have done wrong, not you; pray that they have a conscience (although I doubt it); and believe in "karma" - that what goes around, comes around.

Put your energy into something that wil reap a reward for you

LinasPilibaitisisbatman

How are you the victim?

Can you prove the people lied in court? and more importantly about the circumstances as opposed to just not knowing each other

All the fact they knew each other would do is bring it back to your word against theres and a possible 50/50 split liability

I doubt its worth your insurers fighting it and you have very little if anything out of pocket to claim for as your insurers will have picked up the loss

Teddy_Picker

Thanks everyone for your advice. More than anything I wanted it removed from my record as I drive for a living. I also thought the insurers would have wanted to reclaim their losses as any solicitor could rip the claimants story to shreds as it is full of lies and inconsistencies. And yes I did have the hump about the injustice of it all, especially when they're boasting about it locally, and threatening to get me in another scam, for having the audacity to challenge it in court. But it seems I've got no chance, and will just have to hope for the best.