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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can I take legal action against somebody who is making a fraudulant

Resolved Question:

Can I take legal action against somebody who is making a fraudulant whiplash claim against me?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if your insurers are dealing with it please?

Customer:

My insurers solicitors are handling my case, I have requested it goes to court

Alex Watts :

Ok - then you do not need to do anything.

Alex Watts :

If it is fraud then there are certain Court procedures that need to be followed.

Alex Watts :

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

Alex Watts :

But if the insurers are dealing with it, they are experts at dealing with fraud claims as there are so many of them

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Alex Watts :

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.

Alex Watts :

However in terms of premiums if the case is found for you then you should get the higher premiums back

Alex Watts :

Sadly you can't claim time but you can claim for loss of earnings when you attend Court up to a maximum of £90

Customer:

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?

Alex Watts :

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

Customer:

Perfect, many thanks for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

No that's everything thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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