Someone claimed on my policy even though it wasn't me!

birkee

I had a phone call one day, from someone who said they "want to talk to me about the accident in May". Of course I said, what accident?
They said "the car accident in May". I said I haven't had a car accident in May, or any other time!
Couple of questions more and that was it. Never heard another word.
Let them PROVE an accident occurred, and that YOU were involved.

Helen_J_3

zfrl wrote: »

Because is is not a criminal case. Simples!

lisyloo wrote: »

Well firstly civil cases work on the "balance of probability" not "beyond reasonable doubt".

Secondly if you did have a good alibi (like an airline boarding ticket for example) then it would help you get it sorted very quickly which is exactly what you want isn't it.

Ultimately you are correct the onus is on them, however in your posistion I'd be doing everything I could to help get it sorted.
Can you check your home phone bill on-line? If you use your home phone it would prove you were at home.

Sorry I didn't make myself clear! I'm aware that it is on the balance of probabilities not beyond reasonable doubt, my point in my post was why I have to prove anything at all when they are the claimants and they are the ones wanting money rather than the extent they have to prove it!

Helen_J_3

lisyloo wrote: »

Ultimately you are correct the onus is on them, however in your posistion I'd be doing everything I could to help get it sorted.
Can you check your home phone bill on-line? If you use your home phone it would prove you were at home.

I don't use the home phone much if at all. However there were lots of people who saw me in my house that day, we had had people staying over so they could have a drink the night before. I also went to my local pub for lunch around 1pm. I can't remember what time they say the incident happened but I think it was in the afternoon.

lisyloo

my point in my post was why I have to prove anything at all when they are the claimants and they are the ones wanting money rather than the extent they have to prove it!

Because the open claim could impact your premiums until it's cleared up.

lisyloo

It sounds to me like you have lots of potential witness.
I would get onto your insurer and tell them this is a case of mistaken identity and you want it cleared up ASAP so that there is no impact on you.
Be assertive - you are the paying customer.
Be polite but you should be firm that you want this sorted ASAP.
If you don't get the result you want ask to speak to a supervisor.

Helen_J_3

lisyloo wrote: »

Because the open claim could impact your premiums until it's cleared up.

But ultimately it's up to them to prove it? So I can obviously help things by proving where I was etc but my insurance won't pay out until they have proved it was me?

Helen_J_3

lisyloo wrote: »

It sounds to me like you have lots of potential witness.
I would get onto your insurer and tell them this is a case of mistaken identity and you want it cleared up ASAP so that there is no impact on you.
Be assertive - you are the paying customer.
Be polite but you should be firm that you want this sorted ASAP.
If you don't get the result you want ask to speak to a supervisor.

Thanks. I spoke to the claims handler today. They have said they're getting back to the TP insurance company saying it wasn't me and are going to see what they say e.g. ask the TP for the details again in case of mistake. After that if they still claim it was me then a surveyor is coming out to assess my car (and report there is no damage on it!) so if it gets to that I'll make my case.

lisyloo

But ultimately it's up to them to prove it? So I can obviously help things by proving where I was etc but my insurance won't pay out until they have proved it was me?

No not necessarily.
If it goes as far as court then the judge/court decides the case on the balance of probabilities.
They simply have to provide a better more believable case than you. So you can't sit back and do nothing.

Furthermore if it's a small amount then your insurer is very unlikely to go to court.
If you did sit back and do nothing (theorectically) then there is a danger they could simply pay rather than go to court.

It could be a genuine mistake, perhaps a mix up in the reg letter alternatively it could be a fraudulent claim where they are hoping to get lucky with a policy holider that is on holiday or hasn't changed their correspondance address and doesn't respond and the insurer pays out a small claim rather than risk the much higher costs in court.

So no, I'm afraid they don't have to prove it.

If lots of people saw you then I don't expect there will be any issue. I'm just talking theoretically.

Helen_J_3

Quick update!

My policy renewal has come through and the claim is still open so my 2 years NCB is currently wiped off and they want £1500 :eek:

My insurance company has told them we're denying liability and asked for description of driver and car involved.

If they don't match then the claim will be closed (is it as easy as that?) for want of more proof/evidence.

Good possibility we'll know more tomorrow when TP's solicitor gets back to my insurance company (another :eek: they have a solicitor?!)

alistair.long

The claim will continue to run in the background, when you get a settlement and it is decided that your car was not involved then your 2 years will be released.

This means that as you are now paying extra, when you get the 2 extra years in say 2 years time, you can show the proof and get a refund.

But if you donot assist your insurance to prove that you were not involved you will end up being claimed on.