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Why was a county court judgement made against me following a fraudulent claim against me?
March 2010 saw a third party make a fraudulent claim against my car insurance policy. In spite of my concerns and instructions to my insurer they paid out £731. More than two years later, in June 2012, I received a County Court claim in the post claiming further personal injury compensation of £3000 against me for the same claim. I passed this straight away to my insurers who covered me with fully comprehensive insurance March 2010. They told me not to worry about it. The insurer’s solicitors have said that because the insurer paid the first (fraudulent) claim they are obliged to pay the second one.
Meanwhile I have ended up with a County Court Judgement against me. Originally the solicitors said they could get a judgement set aside but now say they cannot. I have asked the insurer company and the solicitors to refer this fraudulent claim to IFED (Insurance Fraud Enforcement Dept) but they won't. Why, when I am totally honest person, should I have a Court judgement against my name for a fraudulent claim? Why isn't more being done about these fraudulent claims for personal injury?
Last December a lady hit my car in a Lidl carpark. That afternoon I was hassled by companies asking if I had a headache, neck pain and would I like £3000? I told them that I wasn't hurt and I was honest so would not be claiming personal injury when I wasn't injured. I am unemployed due to health reasons and receive no benefits so £3000 would have been really useful. Why did the insurer covering me not take any notice of my instructions to not pay this fraudulent claim in the first place?
Meanwhile I have ended up with a County Court Judgement against me. Originally the solicitors said they could get a judgement set aside but now say they cannot. I have asked the insurer company and the solicitors to refer this fraudulent claim to IFED (Insurance Fraud Enforcement Dept) but they won't. Why, when I am totally honest person, should I have a Court judgement against my name for a fraudulent claim? Why isn't more being done about these fraudulent claims for personal injury?
Last December a lady hit my car in a Lidl carpark. That afternoon I was hassled by companies asking if I had a headache, neck pain and would I like £3000? I told them that I wasn't hurt and I was honest so would not be claiming personal injury when I wasn't injured. I am unemployed due to health reasons and receive no benefits so £3000 would have been really useful. Why did the insurer covering me not take any notice of my instructions to not pay this fraudulent claim in the first place?
Asked on 22 September 2012 by YY, via email
Answered by
Honest John
I fully sympathise with your plight. Unless a legal quirk is being exploited, I don't understand how a County Court judgement could have been made against you personally without your knowledge and without you having a chance to defend yourself. If you were never summonsed, then the claim against you personally is void. All you can now do is take your case to appeal. You have no choice other than to seek professional legal counsel. The government has stated it will do something about this fraud, but has not done so. The CPS does nothing. Yours would be a very good case to set a precedent, preferably taken to the Supreme Court, to legally outlaw such fraudulent claims.
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