UPDATE 2022: HELP -False Personal Injury Claim

m344

Hi all. I really need some advice, please!
I had a minor collision with a driver -it was REALLY minor. There was paint damage only to both cars (mine cost under £200 to fix just so you have an idea of how minor and my car came off worse). After the collision, the driver said she’d call me to make it right. She texted me a few days later and insisted I was to blame -insinuating that I should pay her. Then she raised a claim for damage and injury but she was NOT injured). She then gave an independent witness statement to her solicitor and has had her solicitors coming after my insurer. I have just proved the witness is their friend although they declared themselves independent (their relationship goes back almost a decade). The witness was not there and did not speak to me despite saying so in their statement. They have made the whole story up and told their witness to say the same thing. The story is completely inconsistent which I have proved to my insurer and even they have agreed. 

Can I have the claim dropped and can I also do anything to have their attempted fraud looked into? They are claiming for so much money that the insurer is only looking into the injury and hasn't even got to the vehicle damage. The witness works for the GLA. Can I make a complaint there since it is a public body? I have pictures of their damage which they don’t know about and I am also certain this will come back different to the damage they are claiming for. I also think the driver might have been on the phone at the time but the insurer said there’s nothing they can do to look into that. I'm wondering if the driver hit me on purpose as she looked really when she got out of the car which was weird and since then I've read stories of this kind of thing happening as a scam.

Any help would be ideal as I've never been in this situation before. I've left some of the specific details out as you never who's reading and I don't want them to know that my insurer and I are onto her. But if you need more details in order to help please ask.

finalfantasist

All of this is your insurer's problem, not yours.  They're the ones they're going after, it's up to them if they wish to defend it or pay them off.

And don't bother complaining to their employer, it's nothing to do with them.

rs65

Just let your insurer deal with it.  

m344

Thanks both.

But another problem is that apparently, the solicitors firm won't speak to insurance companies -it's their policy. So my insurer is not getting anywhere. They have said if they still can't get a response when they try and contact them (although they did provide the witness statement) and given the evidence the insurer could close the case but the solicitor could just open it back up and take me to court. 

So if I do leave it to my insurer and they close it -the solicitor will come after me directly which is why I'd like it resolved properly.

davidmcn

m344 said:

But another problem is that apparently, the solicitors firm won't speak to insurance companies -it's their policy. So my insurer is not getting anywhere. They have said if they still can't get a response when they try and contact them (although they did provide the witness statement) and given the evidence the insurer could close the case but the solicitor could just open it back up and take me to court. 

So if I do leave it to my insurer and they close it -the solicitor will come after me directly which is why I'd like it resolved properly.

That doesn't make much sense. You're insured for any claims against you. The pursuers don't have the option of somehow bypassing your insurers and insisting on dealing directly with you. And it would be a bit odd for them to want to do so, given that the insurers have more money than you do.

m344

@davidmcn I completely understand and agree with you but this is what the insurers have said to me and even put it in writing. Every couple of months I receive an email saying they've written to the solicitor and received no response and also tried calling but they will not speak to them as they do not take calls from insurers. I've attached a screenshot of part of one of the letters so that you can see. I've hidden the first few lines (as it contains sensitive info) but it also basically says that they are ignoring the letters as well.

This is part of the reason I think it is all so fishy.

davidmcn

Ok, I didn't realise you just meant they literally won't take phone calls from them, not that they'll refuse to communicate with them at all. Leave it with the insurers to deal with, if there's a court action raised (I presume there hasn't so far?) then the insurers will decide how to deal with it.

m344

It's been going on almost a year and the only thing they will do is send things over (the claim, monetary demands and the witness statement)-never respond or speak to the insurer.

A court action has not been raised yet but my insurer warned me that if they close the case that's the only next step the solicitor could take so I'm really worried that they will.

It looks like the general consensus is to sit tight 

finalfantasist

m344 said:

It's been going on almost a year and the only thing they will do is send things over (the claim, monetary demands and the witness statement)-never respond or speak to the insurer.

A court action has not been raised yet but my insurer warned me that if they close the case that's the only next step the solicitor could take so I'm really worried that they will.

It looks like the general consensus is to sit tight 

Worried about what?

Again.  It's your insurer's problem, not yours.

m344

hi @finalfantasist mostly the below
1. This claim could cause my premiums to rise and I will have to declare for the next 5 years.
2. A family friend was in an accident which went to court and she had to appear. (Also the third party brought a false witness and they won the case) I have not been to court before and would not want the stress and anxiety of it all. Especially over something I know did not even happen.

davidmcn

m344 said:

hi @finalfantasist mostly the below
1. This claim could cause my premiums to rise and I will have to declare for the next 5 years.
2. A family friend was in an accident which went to court and she had to appear. (Also the third party brought a false witness and they won the case) I have not been to court before and would not want the stress and anxiety of it all. Especially over something I know did not even happen.

There's nothing you can do about either of these things, so not much point worrying about them. Very few claims result in anybody actually having to turn up to court and give evidence.