Always have an injury - where there's blame, there's a claim

VfM4meplse

A friend had a minor accident 3 or 4 months ago, thankfully no-one was injured and it was noted as a fault claim and was dealt with efficiently his insurance company. (It was his first RTA for years and was just returning from the undertaker's, having made funeral arrangement for his brother who had died earlier that week).

This morning he received a letter from the solicitor of the passenger in the other vehicle, for a claim for health costs and a response to claim form.

Although seemingly fine at the time of the accident, it seems that the passenger went to their GP 2 days after the accident with some symtoms of whiplash etc, and was given some analgesics but no referral for investigations were made. It then appears that the patient sought alternative medical advice, and it is this report that has been sent to my friend. There are statements that are clear fabrications within the report - without going into detail, the passenger's story as noted by the medical assessor in relation to their injuries is inconsistent for a number of reasons including:

• A laceration attributed to the accident that wasn't apparent at the time although it was an area of skin visible
• Mention of 2 collisions and a third vehicle - however this RTA there just one collision between 2 vehicles, and the clain was just that
• Photographic evidence that the collision occurred at a different place in the vehicle than the passenger stated to the doctor making the assessment

There are of course a host of non-visible traumas mentioned, some of which are noted to be exacerbations of pre-existing conditions.

I think this is a chancer who has latched onto one of the many companies seeking to profiteer from such cases, and is trying to squeeze costs out of my friend. I have advised him to hand this over to his insurance company, and also call the legal line on his home insurance for advice, however he is understandably concerned about the implications of this correspondence (the recording was not recorded and made out to the wrong name, although it is likely to be my friend's).

This apears to be a civil claim from HM Courts and Tribunal Services. Is there any obligation to engage with this claim, and comply with the instructions? The claim form notes on big bold letters that failure to follow these instrictions will delay processing of the documents - my view is so what? Passing this form to a solicitor to deal with is just going to cost more money.

Does anyone have any experience of anything similar / any advice to share?

fivetide

Send it to the insurance with notes you believe it to be a scam. Its for them to sort out!

5t.

ScottishSapper

As you say it looks like a 'chancer'.

and it was noted as a fault claim

Who was to blame?
Even tho it is a civil claim, he must take action. Not to could land him with a judgement against him (I think).

VfM4meplse

ScottishSapper wrote: »

Who was to blame?

My friend was, his insurance company sorted the matter out with the other party and can confirm there was no further counterclaim by a mysterious 3rd driver.

ScottishSapper wrote: »

Even tho it is a civil claim, he must take action. Not to could land him with a judgement against him (I think).

Even if it is not officially addressed to the correct name?

ScottishSapper

My friend was, his insurance company sorted the matter out with the other party and can confirm there was no further counterclaim by a mysterious 3rd driver.

I think your first thoughts are right, someone chancing their arm!
I'm sure his insurance company would not have 'sorted' it if there was a chance of further claim.
I think I would tell your friend to send everything to his insurance company, let them sort it.
They should be able to get access to the medical records (especially the first one).

Even if it is not officially addressed to the correct name

Not sure!

atrixblue.-MFR-.

this is where smirky little tricks come into play.

i used to work as a canvessor for an PI refural company i would go out knocking doors gathering info, my advisors would look at the info to see if it were worth the effort in refuring it to head office to sell to a solicitor, i worked on ethincs if no one wanted to talk i'd walk away, this used to get me introuble because i did not "PUSH MY INVESTIGATIONS hard enough to obtain information" although i usually had just as much if not more "REAL" claims than my work mates because i got through an area more quickly and covered much more ground seeking the GOLDEN ONES as they called them, any way what would happen when my supervisor was at a customer taking a more detailed description of the accident they would usually have minor insuries like mild whiplash only, a day off work, my supervisor (especially if the accident was recent like a week old) would "advise that" he return to the GP because "he looks sore and has limited movement in his kneck and that he should have PHYSIO" and "pain management with his GP surgery's nurse" and ask for something STRONGER than painkillers, like tramadol, HE would also advise that he dont go back to work for a few weeks because he's in too much pain and traumatised suffering reoccurant nightmares witch would be an indication of post traumatic stress syndrome, my supervisor wouold also BIG UP the accident to make it sound worse than it was. more often than not the "adice" would be taken because it meant the customer (and the comapany) got more money out of the claim, and the more detail the better as the insurers wouldnt question it.

i feel this has happened in this case.

VfM4meplse

atrixblue.-MFR-. wrote: »

this is where smirky little tricks come into play.

That is just diabolical. I thought the whole claim litigation movement was bad enough, but what you are describing is fraud on an industrial scale.