How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10513
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I have received a letter from my insurance company telling

This answer was rated:

I have received a letter from my insurance company telling me that in April 2016 I was involved in a car accident in Bradford. I have never been to Bradford and it was most certainly not me. Now the third party are threatening to take me to court and my insurance company, even though after sending them pics of my car (blue) and the third part are saying it was a grey car, they do not appear to be helping me. What should I do?

Hello for clarification - did they reply after you sent the pics?

when was the last contact from them?

Customer: replied 4 months ago.
Even after having sent pictures they have written back saying that this case will go to court as my registration was given so therefore it was m. Obviously that is untrue.
Customer: replied 4 months ago.
I have MS and care for my elderly terminally ill mother, so there is no way it was me.
Customer: replied 4 months ago.
Sorry but how soon can I expect a reply?

I’m afraid that this is not an instant service. We all have clients and other users and travelling, and hence, there may be a delay in getting back to you.

What proof do you have that you were not at the alleged location at the time in question?

How is this accident supposed to have happened?

I will tell you now that these kind of fraudulent claims are not uncommon. A personal friend of mine had exactly the same alleged of him although he was in the time and place and what he did was he invited the insurance company to come and inspect his car and see for themselves but there was no damage and no paintwork had recently been done. He really pressed the matter and no one turned up and it went away.

My suggestion would be to do exactly the same in writing to both your insurance company and the claimant solicitors.

You might also want to make a complaint to the Financial Ombudsman Service, firstly because your own insurance company are not dealing with this and secondly because the Claimant’s insurance company are not being reasonable because they are refusing to come and inspect your car.

Customer: replied 4 months ago.
i have never been to Bradford, that is my proof. Surely there must have been CCTV cameras in the area. How can I prove I wasnt there? I look after my mother and can't move further than taking her to hospital visits in London.

Thank you.

That is what you tell the insurance company and the claimant. You have MS and therefore limited ability to travel round the country and on top of that, you can’t go far because you care for your elderly terminally ill mother.

You tell them that you have never been to Bradford and you invite them to look at any CCTV from any camera anywhere within the city or the area because quite simply will not show your car and it will not show it quite simply because you have not been there and if there is a car with your registration number on, it’s not your car and the matter should be reported to the police because this is clearly a fraudulent claim and that if they do not report it to the police, you will report it to the police.

To be honest, it might be an idea if you popped along to your local police station and did exactly that because if you get a crime number, it is likely that if you give that crime number to both insurance companies, you will hear no more about it. Attempting to pervert the course of justice and wasting police time are serious criminal offences and if you report it to the police and get a crime number, the insurance company will think twice before they bring a civil claim against you quite simply because the ramifications of you saying something which is not true to the police are far more wide reaching than a mere civil claim for a fraudulent injury.

Just one point on the police, insist that you get a crime number or some other reference number but don’t expect the police to do anything about it. You are just reporting the matter for insurance fraud purposes.

You can also report it to Action Fraud although they are unlikely to do much about it either because they seem to be more concerned with organised crime than individuals who have been ripped off or individuals who have been attempted to be ripped off.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you