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Thread: How to get a false claim resolved

  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Default How to get a false claim resolved

    Hi All,

    Quite unfortunately, a false claim has been initiated against me, although I was not even in the driver seat and car was well parked in the car park. The driver in the adjacent car came out of her car saying the child sitting on the back seat opened the back door of the car which barely touched their front panel and there is a spot on their car because of this. The other car people then started taking pictures of their car and our car door.

    Very next day they lodged a 3rd party insurance claim against me saying a child opened the back door; to which I refused since I was no way aware of what they are saying and what all has happened.

    It has been 5 months since then my insurance company has not closed the case; my insurance have just dropped my NCB; but the case is never coming to a close as the other party evidences being sent are delayed a lot.

    My insurance has no intentions to pay any damages to the 3rd party as I have already denied the claims; but my monthly premiums have gone up; Also in any update calls I make to Insurance 3rd party department; the update story remains the same; which is they are reviewing the evidences.

    (1). Is there not any Regulation stating the Insurance companies have to close the claims within some timelines?
    (2). Till now, I don't have got any written update from my insurance stating why my NCB have been reduced and why my premiums have gone up.
    (3). How come my NCB have got affected since no decision have been taken till now.
    (4). If the case gets closed in which ever direction; should I not get a written closing statement from my insurance?

    Experts; please advise with your comments.
    Last edited by Jazzy123; 02-09-09 at 18:49.

  2. #2
    Join Date
    Apr 2007
    Location
    North of Watford Gap
    Posts
    964

    Default Claim

    Sorry, but I find it somewhat difficult to understand some of what you have written, (e.g. "Very next day they lodged a 3rd party insurance claim against me saying a child opened the back door; to which I refused since I was no way aware of what they are saying and what all has happened."), but basically you are in the hands of your insurers and there is nothing you can do about it.

    There is no such thing as a time limit for a claim to be settled, and unless your policy has NCB protection they are perfectly entitled to withhold you NCB until the claim is settled one way or the other.

    Oh, and five months is nothing - even "simple" claims can easily take 2 or even 3 years to conclude.

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default

    Thanks Watcher,

    Your response is much appreciated.

    So, the insurance don't want to pay the other party; as the claim is false; and my insurance has gone up and there is nothing I can do

    I am in a pathetic situation?

  4. #4
    Join Date
    Dec 2007
    Posts
    1,211

    Default

    Was there a child in your back seat? Did they open the door and did it hit the other car?

    This is confusing because it would be pretty easy to confirm or deny that there had been a child in the car, and thus prove the third party is lying.

    Yes, as Watcher said, sadly no time limit for claims, they can drag on for years, often deliberately so the companies can get more money from you from the increased premiums. All insurance in general, but especially car insurance, is a very murky, seedy business unfortunately. Customers are the last things on their minds as they will never lose custom as car insurance is compulsory.

    I would advise all communication you make with the insurer should be in writing, using signed-for delivery so that they can't deny receiving anything from you. This will also prevent them from claiming they have "lost" a recording of a vital phone call that would have been to your advantage.

    If the claim is eventually found in your favour, they should refund you the extra money you have paid them for your monthly premiums, and restore your NCB. You have a strong legal case against them if they refuse to do either of these things.

    Do you have legal cover with your insurance policy?
    Last edited by 98selitb; 03-09-09 at 17:41.

  5. #5
    Join Date
    Sep 2007
    Location
    Scotland
    Posts
    8,600

    Default

    Hi Jazzy, sorry to read about your situation, but as 98selitb has said about sending all letters by recorded delivery, I would also keep a copy of every letter you send.

    I know it sounds daft, but I know from experience (bad) that I have had with insurance companies, they are really "slippery people" to deal with, and that's the ones who are supposed to be representing you
    Good luck with it.
    Cheers, Smudger.

  6. #6
    Join Date
    Sep 2009
    Posts
    3

    Default

    Hi Selitb,

    The child was with us; not in the car.

    I tried calling Insurance again, 5th time in the past 5 months; the update I got was that the Insurance received a DVD 1 month ago from other party Insurance; but it is still not reviewed; this was the same status I got a month back. I am quite disappointed as they now it is becoming quite clear that this is a deliberate drag; just to confiscate my NCB and get an increased premium amount from me.

    I do have a legal cover on my policy.

    Is that the only thing I can do is to chase my insurance on a weekly basis? I haven't even got any written papers from Insurance whether they dropped my NCB and the fact they are going to give the amount back if the case is in my favour.

  7. #7
    Join Date
    Dec 2007
    Posts
    1,211

    Default

    Thanks for that Jazzy. That's extraordinary. So the child wasn't even in your car, and I guess the 3rd party made a nick on their car and decided to come up with a lie to avoid paying for it...saw you get out of your car earlier with a child and decided to invent a story about a child opening a door

    I know it's a bit late but if it was a supermarket or shop car park could you find any CCTV which proves there was no-one in your car and the child was with you?

    The insurance companies all have fraud squads for claims like these, and it's unbelievable that they haven't examined the 3rd party's story and realised they're lying through their teeth.

    Just keep pestering the company. If you give up, they will stop bothering completely and assume you're settling for your higher payments. Once again I'd recommend using recorded delivery mail for all correspondence - if it goes to court, phone calls are not always reliable evidence and the companies can easily delete them and pretend they never happened, whereas letters are irrefutable proof or correspondence.

    Also the Financial Ombudsman may be worth a try http://www.financial-ombudsman.org.uk/ . The condition though is you have to have made a formal - written - complaint to your insurer first, and receive a reply from them that you are not satisfied with, before you can complain to the ombudsman.

    Good luck with it all, there's nothing more angering than people like this who make complete lies and rip off innocent members of the public, these fraudsters deserve to have the book thrown at them.
    Last edited by 98selitb; 08-09-09 at 11:54.

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