Fraudulent claim against us

gvasiliou

Last month my partner received a letter from the police informing him he needed to give his insurance details as he has supposedly hit a car and driven off on our road. This did not happen.We have CCTV and we checked the cameras   The car can been parked outside my house which had damage to it. 3 motor bikes can be seen driving past pulled over across the road and one driver walked past the car backwards and forwards. We have shown the police and they have dropped the case however our insurance company are happy to pay out. The driver has a supposed witness. This is fraud and I do not want the insurance company to pay. I am willing to go to court to prove this is a fraudulent claim. How do I stop the insurance company from paying them. Please advise thank you 

dunstonh

however our insurance company are happy to pay out. 

I doubt they are happy to pay out.

This is fraud and I do not want the insurance company to pay. 

It is not your money or you decision. It is the decision of the insurer.   You can only provide your evidence and let the insurer decide.

Sandtree

It would help if you could explain a little more what the alleged circumstances were and what your CCTV showed? It sounds like a third party vehicle was parked outside your property and has alleged your vehicle has hit it? Was it parked and unattended or...?

Does your CCTV show the vehicle arriving? Is the area of damage visible on your CCTV? Does the CCTV show anyone else damaging the car? Does it show the vehicle leaving with or without damage?

The police and insurance are both totally different matters and work on a totally different basis of law. Police generally for a "hit and run" don't want to get involved if its just a minor shunt and no injuries happen and so once you provide your details the matter is closed - a few years ago a Third Party hit our stationary vehicle when they came round the bend on the wrong side of the road. That the time they claimed it was 50/50 and we did exchange details but where as I put the details in my phone the other person claimed "they'd remember them". 6 weeks later I got a police letter saying I'd been involved in a hit and run (basically the woman had forgotten all the details other than the car reg) and lied but the police took my details and "that was the end of it". Police operate on criminal law which requires proof beyond reasonable doubt.

Insurance however works on civil law which is on the much lower "on the balance of probabilities" as such a case can go to both a criminal and civil case and be found "not guilty" in one but "guilty" on the other because of the lower threashold.

Insurers are entitled to manage a claim as the see fit, even if it is against the wishes of their insured. Some insurers are less comfortable doing this than others but all ultimately will. You can ask them to deal with the matter on a "without prejudice basis" in which case you could take futher action after but the real question would be "against who"?

You mention some motorcyclists handing around? Do you think they caused the damage? Does the CCTV show this? Lets assume a bike hit the car, they saw your car near by so left a note saying they'd seen your car hit instead, who are you going to take to court? The car owner is innocent in the matter as their parked and unattended vehicle was hit. It isn't fraudulent of them to claim or pass on the note saying your car did the damage.

I assume you have passed the CCTV to your insurers too?

[Deleted User]

Well a fraudulent claim is fraud but the police won't bother investigating.

Obviously you don't want a claim against you as it will cost you money. First step is to complain to the insurance company. If they don't resolve it to your satisfaction you can escalate to the FOS.