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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a dental claim with excellent prospects. The dentists

Customer Question

I have a dental claim with excellent prospects. The dentist's insurance company will not identify him as being a member. The dentist is deceased and now the claim is out of time. The insurance company was notified in time, however. My question is this. Is the insurance company (Dental Protection) being honest in denying his membership? Is there any way of independent corroboration?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Are they saying he never was a member?
JACUSTOMER-vyb3xriz- :

yes that's right

JACUSTOMER-vyb3xriz- :

what they actually say is that they are unable to identify him as a member

JACUSTOMER-vyb3xriz- :

it is the medical protection society

JACUSTOMER-vyb3xriz- :

they say that they are unable to identify him as a member ; but he is an ex member as he is deceased. so do they keep records?

Alex Watts : Yes they would keep records normally for 6 years. You should ask has he ever been a member.
Alex Watts : But you can not assume they are lying, because if you take them to court and raise this as an issue, the court will treat the allegation as fraud.
Alex Watts : It is one of the court rules that you can not allege fraud unless there is real evidence. Just having a suspicion would not be enough.
Alex Watts : But yes they keep records for a number of year and you should perhaps rephrase your question?
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
JACUSTOMER-vyb3xriz- :

thank you for your help, I take it then that no independent body can check their records?

JACUSTOMER-vyb3xriz- :

thank you for your help. I take it then that no independent body can check their records?

Alex Watts :

The court can order the records be disclosed and if you took them to Court then they can be.

Alex Watts :

But its highly unlikely they are saying he is not on there if he was, that would be fraud.

Alex Watts :

Please do remember to rate before you leave - thanks.