Hit by cloned plates, third party wants costs back

Honest John Back Room » Legal matters
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Fri 7 Mar 2025 10:19
Hit by cloned plates, third party wants costs back - Abbie1432

Hi I'm in need of advice

A year ago my partner was hit by a car that ran a red light and wrote off his car. After going through insurance the third party admitted fault and gave a payout of £12000 for the car. A few months after the accident unbeknownst to my partner, the third party insurer got in contact with their client and got proof that their car was not involved in the accident and that the car was on cloned plates. They asked my partners insurance for the payout back. My partners insurance did not respond.

Almost a year after the accident the third party insurer has contacted my partner personally to recover the £12000 or face legal action. My partner is now in a battle with his own insurers who are trying to wash their hands of it saying the case is closed so has nothing to do with them.

Surely this can't be correct? Shouldn't the insurers hash it out between themselves? Especially since my partners insurance covers uninsured drivers. I'm confused as to why the third party has contacted my partner personally to return the payout, isn't this what insurance is for?

I feel like they contacted my partners insurance for recovery of funds and since they didn't reply they're trying to scare my partner into paying but I don't know if that's right. If anything shouldnt my partners insurance absorb that cost?

TIA

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Fri 7 Mar 2025 11:22
Hit by cloned plates, third party wants costs back - Bromptonaut

So to make sure I've got this straight your partner's car was in an accident that wrote it off.

The driver admitted liability and their insurance paid out.

There's now a claim that the car that did the damage was a clone.

How on earth did your partner's insurer accept the settlement without some sort of due diligence? How on earth did the cloned car's owner, who was presumably the Keeper, not know at the time that a claim against him was being made and then settled.

There's a strong smell of fish about the whole thing.

Your partner may need legal advice, the sort you have to pay for, but I can't see how his insurers are blameless.

Has the issue been escalated beyond the front of house bods who answer the phone at his insurer?

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Fri 7 Mar 2025 17:19
Hit by cloned plates, third party wants costs back - Abbie1432

This is exactly how I feel!

The third party insurance couldn't get in touch with their client at the time so admitted liability and paid out. They then came back 5 months later with proof the car that hit my partner was on cloned plates and wasn't their clients car and sent this proof to my partners insurer. My partners insurance didn't respond and my partner had no idea this has happened until he got sent a letter demanding payment last week.

In my opinion, several people dealing with this on both sides (third party and my partners insurance) dropped the ball and none of them want to foot the bill for it. We've been advised to make a complaint with the insurer but my partner is having a hard time getting to anyone higher up and they keep passing the buck.

I was thinking he may need legal advice but honestly this kind of thing doesn't come naturally to me or him and I'm unsure where to start

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Fri 7 Mar 2025 17:46
Hit by cloned plates, third party wants costs back - Andrew-T

I was thinking he may need legal advice but honestly this kind of thing doesn't come naturally to me or him and I'm unsure where to start

Assuming we have the correct picture of events, I would think OP's insurers may need legal advice as they have provided cover for the OP, who surely cannot be expected to pay up ?

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Fri 7 Mar 2025 18:48
Hit by cloned plates, third party wants costs back - Abbie1432

Sorry this may be lack of sleep or the stress of everything but I'm unsure what you mean

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Fri 7 Mar 2025 18:57
Hit by cloned plates, third party wants costs back - leaseman

It sounds to me like you, or, more likely, your partner need to immediately refer this matter to the relevant Ombudsman

www.financial-ombudsman.org.uk/consumers/complaint...e

Edited by leaseman on 07/03/2025 at 19:01

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Sun 9 Mar 2025 08:27
Hit by cloned plates, third party wants costs back - Bromptonaut

Pretty much what Leaseman says.

Your partner has a contract of insurance which should indemnify him against loss. The fact that the loss here has bounced back in odd circumstances is neither here nor there.

Ombo is one possibility. Do you need to have exhausted the companies complaints system before they will accept it?

If not done already a formal complaint, in writing, to the insurer would be my suggestion. Make sure the third party insurer are aware too and ask them why they've not involved your partner's insurer.

A letter or email to the Insurer's CEO may be another option.

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