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Is my friend the victim of an insurance scam?
I have a friend whose car was allegedly involved in damaging another vehicle while parking in a legitimate bay adjacent to a town centre thoroughfare. A claim has been made against her for around £2000 alleged damage to another vehicle while my friend's vehicle bears no damage to support such a claim. My friend also is sure no contact was made with another vehicle. The other party also claims to have an independent witness. I believe my friend could be a victim of a scam for which she has no responsibility and this is supported by an Independent Assessor's survey of the vehicle as appointed by her Insurance Company. While she is not able to have access to the Assessor's report the Assessor confirmed when inspecting her vehicle that there was no evidence of damage in the area relevant to the alleged impact. Her Insurance Company appears to accept this claim but has increased her insurance premium substantially as this was due for annual renewal. I have offered to investigate what options she may have to challenge what is believed to be a false claim against her and for which she has no access to the other vehicle identity, the alleged damage or identity of the 'witness' and their statement. Other than a court of law, what options may she pursue to challenge this case?
Colin Norris
cnorris123@hotmail.co.uk
Colin Norris
cnorris123@hotmail.co.uk
Asked on 30 May 2017 by Colin Norris
Answered by
Honest John
Your friend has every right to see the engineers report carried out on her car. Secondly, contact the insurer and advise they are "complicit" in the fraud being committed against your friend should they pay out in any way.
In Law, any claim being made is between a "claimant" and a "defendant". The insurer only acts to cover the losses incurred as a result of your friends negligence. They cannot act in a way that prejudices your friends lawful right to defend herself in court. She needs to contact the insurer and speak to their fraud and head of claims advising both in writing and verbally, that she does not give permission or authority in any way for them to admit liability without her consent.
The insurer will advise she already has within the contract, you then need to point the insurer to these two different areas of the FCA regulations. The first is called Principles of business,
www.handbook.fca.org.uk/handbook/PRIN/1/?view=chap...r read www.handbook.fca.org.uk/handbook/PRIN/2/?view=chap...r
The second is an area called Icobs. Insurer conduct of business standards. Read all of it, but the area relevant to your friend is ICOBS 8.3.3 conflict of interest .
www.handbook.fca.org.uk/handbook/ICOBS/8/?view=cha...r
There is also third area in the FCA regulations if you have time on your hand to read, RPPD The responsibility of providers and distributors for the fair treatment of customers. This applies to any FCA regulated activity. www.handbook.fca.org.uk/handbook/document/rppd/RPP...f
You then need to complain. A lot. Then take it up with the Financial Ombudsman Service should resolution not be found. www.financial-ombudsman.org.uk/consumer/complaints...m
And also contact IFED www.cityoflondon.police.uk/advice-and-support/frau...x
And the insurance fraud bureau www.insurancefraudbureau.org/cheatline/
In Law, any claim being made is between a "claimant" and a "defendant". The insurer only acts to cover the losses incurred as a result of your friends negligence. They cannot act in a way that prejudices your friends lawful right to defend herself in court. She needs to contact the insurer and speak to their fraud and head of claims advising both in writing and verbally, that she does not give permission or authority in any way for them to admit liability without her consent.
The insurer will advise she already has within the contract, you then need to point the insurer to these two different areas of the FCA regulations. The first is called Principles of business,
www.handbook.fca.org.uk/handbook/PRIN/1/?view=chap...r read www.handbook.fca.org.uk/handbook/PRIN/2/?view=chap...r
The second is an area called Icobs. Insurer conduct of business standards. Read all of it, but the area relevant to your friend is ICOBS 8.3.3 conflict of interest .
www.handbook.fca.org.uk/handbook/ICOBS/8/?view=cha...r
There is also third area in the FCA regulations if you have time on your hand to read, RPPD The responsibility of providers and distributors for the fair treatment of customers. This applies to any FCA regulated activity. www.handbook.fca.org.uk/handbook/document/rppd/RPP...f
You then need to complain. A lot. Then take it up with the Financial Ombudsman Service should resolution not be found. www.financial-ombudsman.org.uk/consumer/complaints...m
And also contact IFED www.cityoflondon.police.uk/advice-and-support/frau...x
And the insurance fraud bureau www.insurancefraudbureau.org/cheatline/
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