Hello my name is ***** ***** I will help you with this.
For now please let me know if your insurers are dealing with it please?
My insurers solicitors are handling my case, I have requested it goes to court
Ok - then you do not need to do anything.
If it is fraud then there are certain Court procedures that need to be followed.
For example fraud needs to be explicitly pleaded in the defence. The Court is then on notice this is raised and it goes before a specialist fraud Judge when it goes to trial
But if the insurers are dealing with it, they are experts at dealing with fraud claims as there are so many of them
Can I clarify anything for you about this today please?
Just that if I win in court and fraud is proven can I take legal action against the other driver? I am out of pocket on higher insurance premiums, if I win I get them back but I've lost interest on the capital etc, also time effort etc
No you cant take legal action, but if fraud is found the file gets referred to the Police and they face proceedings for perjury etc.
However in terms of premiums if the case is found for you then you should get the higher premiums back
Sadly you can't claim time but you can claim for loss of earnings when you attend Court up to a maximum of £90
I will get them back but in the meantime I will have over paid by almost 2500GBP that I could've earnt interest on, how can I recover my out of pocket losses?
If there are out of pocket expenses then your insurers can bring a counter claim. But you cant bring separate proceedings, it should all be one
Perfect, many thanks for your help
Can I clarify anything else for you?
No that's everything thank you
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