False insurance claim against me, taking court action

Jade22shico

Hi all 

Around 2 yrs ago I had an argument with a woman who was annoying I went in front of her in traffic. She then made a false claim against me that I hit her car

My car insurance shelias wheels did not tell me they will be paying out the claim and just did so without checking the no damage on my car or any evidence I have which includes witnesses 

I reported her to police as she was very vile to me, it was reported as a road rage incident 

Upon finding out this claim was against me when I went to renew my policy and found out my premium went out incredibly I contacted her insurance aviva to tell them the claim was false and I have much evidence to suggest including I have 0 damage on my car. 

Avivia did not care obviously because they got paid out. 

My insurance I made a complaint with the financial ombudsman which I was favoured and they had to pay me only 300 pounds. 

However I have made a court claim against Avivia as their customer is the one who made the false claim against me.. 
Avivia are claiming I have no case and keep threatening cost orders. 

What do you think?

I lost about 3000 in premiums and my 5 years no claims discount over this false claim.

Is it not also Avivia duty as an insurance to investigate allegations of insurance fraud? 

TonyMMM

Your claim (if you have one) is against the other person, not their insurance company. Aviva have no relationship to you, they work for their policy holder.
If you issue a claim against her personally, she can then choose whether to ask her insurance company to defend it. 

AdrianC

Jade22shico said:

Around 2 yrs ago I had an argument with a woman who was annoying I went in front of her in traffic. She then made a false claim against me that I hit her car

My car insurance shelias wheels did not tell me they will be paying out the claim and just did so without checking the no damage on my car or any evidence I have which includes witnesses 

I reported her to police as she was very vile to me, it was reported as a road rage incident 

Upon finding out this claim was against me when I went to renew my policy and found out my premium went out incredibly I contacted her insurance aviva to tell them the claim was false and I have much evidence to suggest including I have 0 damage on my car. 

Avivia did not care obviously because they got paid out. 

My insurance I made a complaint with the financial ombudsman which I was favoured and they had to pay me only 300 pounds. 

However I have made a court claim against Avivia as their customer is the one who made the false claim against me.. 
Avivia are claiming I have no case and keep threatening cost orders. 

What do you think?

I lost about 3000 in premiums and my 5 years no claims discount over this false claim.

Is it not also Avivia duty as an insurance to investigate allegations of insurance fraud? 

I suspect there's quite a bit of information missing in your version of the story.

But, no, you do not have any claim against Aviva.
You may or may not have a claim against your insurers - but you'll find that the policy terms and conditions gave them the right to determine the validity of any claim.

Can you explain the bit about the ombudsman, please. Without the melodrama - just a straightforward, factual version.

Jade22shico

I made a complaint to the ombudsman that my insurance failed to inform me of the claim against me and just paid out the other side. The ombudsman said my insurance failed to act appropriately and awarded me 300 in compensation 

Obviously 300 is not anywhere near what This claim has cost me. 

I don't know the woman's details. How can I find these? I only know her name which the police gave to me in their reply.
Can I ask aviva for it? 

AdrianC

Jade22shico said:

I made a complaint to the ombudsman that my insurance failed to inform me of the claim against me and just paid out the other side. The ombudsman said my insurance failed to act appropriately and awarded me 300 in compensation 

Obviously 300 is not anywhere near what This claim has cost me. 

Was that purely because they failed to inform you, not because of them making an incorrect decision in the way they decided you were liable...?

I don't know the woman's details. How can I find these? I only know her name which the police gave to me in their reply.
Can I ask aviva for it? 

You can ask. But they shouldn't give it you - they would be breaking the law if they did so. (BTW, you have no claim against her, either.)

Jade22shico

Yes they failed to even let me say my side, show witnesses or police reports or check my car for damage, They literally just paid out the claim without informing me.

So people can just make up false insurance claims and get away with it? 

Mercdriver

You having no damage isn't evidence that you did not hit them.  Do you have dash cam footage?

AdrianC

Jade22shico said:

So people can just make up false insurance claims and get away with it? 

Given that you admit there was a contretemps... Hard not to, since the police were involved...

Dr_Crypto

The victim of the crime of a fraudulent claim is generally the insurer and so they deal with any suspected fraud. You’re not really the visiting of the crime here so don’t have standing. 

macman

I would think very carefully about pursuing a claim against Aviva. If they are awarded costs then you are looking at potentially a bill well into five figures. 
Their solicitors and barristers will be billing at hourly rates you will not believe, and they'll be a whole team of them.
Did you take independent legal advice about pursuing this claim, and what stage is it at? If you did, your adviser was incompetent, as you have no case based on the facts presented to us here.