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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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In July of 2013 a fraudulent car insurance claim was made against

Customer Question

In July of 2013 a fraudulent car insurance claim was made against me by a neighbour, stating that I had been in a collision with her parked car, occurring on June 21st 2013. A representative from my neighbour's insurance company (Covea), subsequently came out to inspect both the damage on my neighbour's car and the pre-existing damage on my car. I later contacted Covea, whereby it was confirmed to me that the damage reports where incompatible. I was therefore shocked to discover when trying to take out a new insurance policy in September 2013 that the claim was still held as a fault claim against my name despite evidence to the contrary and that my premium would go up by £200. Covea stated that they would not drop the claim due to the fact that this neighbour had claimed to have a witness to the alleged incident despite not producing one 3 months after making the insurance claim. Shortly after I discovered that another neighbour had been harassed into providing a false witness statement. 10 months on this claim is still held against me on file despite the fact that there was no pay out made and no evidence to support it. I cannot insure my car as not willing to pay extra premium when I have not done anything wrong and am utterly perplexed how an unproven claim can be held against a person with no corroborating evidence and would like to know whether my neighbour’s insurance company or my previous insurance company (I had legal protection at time of the alleged incident) are liable to reimburse me for the extra cost of taking out a new policy as my no claims discount has been slashed from 5yrs to 2yrs whilst the official outcome is still pending.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with tihs please?
Customer: replied 3 years ago.

 


What would be the next course of action to take? I have been without a car for 8 months due to the extra cost in premium. Are covea not liable to reimburse me the difference in the cost of my policy (£200)? They have filed a claim against me that is held on the insurance database, based solely on the accusation of a single person, despite the accident investigator’s report stating evidence to the contrary. How can this be allowed? They won’t give me a definitive answer as to when this case will be concluded, is there not a statutory time limit for such investigations?

Expert:  Jo C. replied 3 years ago.
There is no statutory time limit for the investigation but there is a time limit for the claimant to bring a claim in negligence (other than personal injury) and under the Limitation act 1986 that is six years. It is three years for personal injury incidentally.

However it is clearly unreasonable for you to be hanging on for another six years and therefore my suggestion would be to make a formal complaint to the insurance company that either they close this file (which they can always reopen at some stage in the future) and reinstate your bonus and refund any excess premium failing which you will refer the matter to the Financial Ombudsman service.

Tell them they have 14 days to do this failing which you will refer it to the Ombudsman without further notice.

On the 15th day, I would make the complaint to the Financial Ombudsman.

Here is the link to the Financial Ombudsman.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

The Ombudsman does have the power to make them pay compensation and reinstate your bonus.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

 


Thank you for clarifying my right to compensation as this was my main concern.


 


I strongly suspect that this claim against me was not simply false but also a naive attempt at fraud as the neighbour who made the allegation had tried to coerce another neighbour into making a false witness statement, as well as the fact that there was a 2 week period between the time of the alleged incident and the neighbour filing the claim. I have informed Covea of this fact but they seem utterly inept at following up on my concerns. Would it not be advisable to report it this to an independent investigatory body such as the IFB?

Expert:  Jo C. replied 3 years ago.
You actually have areport to make to the police about the attempt to defraud but it would depend whether the neighbour who he tried to coerce would play ball or not and make a statement to the police.

I don't think the two-week gap makes much difference because that kind of thing is not unusual.

I certainly would report it to the IFB

Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/