Fraudulent car insurance claim against me?

hi
my problem in a nutshell is my vehicle was hit in the rear while it was parked, when i confronted the driver we had an argument and the police were called no offences were committed and the police left after me and the other driver exchanged names and addresses. A month or so later i received a claim for neck injuries to the driver and his 2 passengers for approximately £20,000 for an accident that he said i drove into the rear of him which was totally false, i have witnesses which include the police officer who attended to the fact that the other driver hit my parked unattended car, i have lost my no claims bonus and i applied for a job as a driver which i did not get because of this pending claim, my insurance company have tried to contact the other driver who has not answered for a number of months and when i spoke to my insurance company i was informed that the other parties insurance company does not have the full story i.e they have not been told that he hit my vehicle and i have witnesses to prove that i am at a loss because i have been told it can take 3 years for the claim to close if the other driver does not answer any of the correspondence he receives.
any advice please
Additional Details
i would like to add the police officer was very helpful but he has been told that he can only give my insurance company a statement if they ask and when i spoke to them recently they said they think that they have enough evidence so do not need to contact him which will cost them money ,and all i can do is wait ,

lucy

1st off, when the other guy rear-ended your parked car and the police were called would be a report or they would have a record of this incident. this is important since it will list the date, time, location of the accident and damages to both autos.

2nd; most insurance companies dont call the police officer since he did not witness the accident, he only reported what he saw when he came to the scene. if report filed, that is all that is needed to verify.

3rd; it is the job for your insurance company to talk to you their insured and the other guy the claimant of the facts of this accident that they are claiming damages and injuries.

your insurance company should have an adjuster to take photos and write an estimate of the damages to your auto and the other guys. they will look for paint transfers; ie; your car is red and his is black. this could confirm if you did his damage.

also, if as you said, your were hit from behind. he should have front end damages and you have rear damages. that backs up your case. your auto should not have any front end damages; even if small dent, they can find, or as said previously paint transfers.

the passengers neck injuries could be when he hit your parked car, so he would be held liable on his insurance, not yours.

make sure you have the names, addresses and phone numbers of your witnessess for your insurance company so they will be able to contact and back you up. sometimes witnessess are hard to get in contact with or decide not to be available.

also, if the other driver does not respond or cooperate, your insurance company can deny. if he is filing a claim, he has a duty to answer to their questions. my guess is that they realize they will be caught lying and cant prove their claim.

also the 2 other passengers will have to come up with the same story to back up the driver. that is hard to do if they are lying and most likely your insurance company will see thu that.

also, have you filed a claim with his insurance company for your rear end damages while parked?? if not, do so. or has your company repaired the damages and trying to get reimbursed from his company?

good luck

archery_dave

There seem to be a number of factors which need to be sorted.

First, why have you lost your NCB ? This should only have been cancelled by your insurance company if you had made a claim against them. Surely you have not done this ? All claims in this case, if your facts are correct, should be against the other driver's third party element in HIS insurance.

I cannot understand why your prospective employer should have taken this attitude. Surely a letter from your own insurance company would have set their minds at rest ? You could also have advised them to contact the police, who must have a record of the incident.

Why is your own insurance company trying to contact the other driver ? They should be working through his insurance company, not directly with him.

It does seem that your insurance company has not done/is not doing their job properly. I think your first step is to persuade them to extract their digits, and get you some satisfaction - which is why you have paid their insurance premium.

Oh, and one final bit of advice - don't do this all over the 'phone. Not unless you are recording all your 'phone calls! Put it in writing, and do not accept a 'phone call as an official response.

Fairfax

This is a complete nonsence. I agree entirely with Daniel. The evidence of the damage to the rear of your car should in itself be enough to defeat the claim, especially if the police were involved. They should have given you a reference number relating to the accident and you should quote this to your insurance company. I have worked in insurance and, if what you're saying is correct, this is one of the most absurd situations I've heard of. Your insurance company ought to deal with this, but if not you can refer this to the Insurance Ombudsman. The procedure for appeal ought to be stated in your insurance policy.

Timbo is here

You have to leave it to your insrers to deal with and not interfere I am afraid. Very frustrating but that is the way it has to go now.

entidtil

Simply allow your insurance company and their lawyers defend and protect you. That is why you "hired" them. I'm quite sure this is not the first time they have heard a story like this.

kawasaki

only thing i can think of is court.

Daniel

Well first of all, if he claims you hit in from the rear then the damage will say it all.
The damage would be to the back of his car and the front of your's not the other way round which it will be.
I would tell your insurer's this and also contact the local police to get a statement from the policeman who attended, this will speed up any "confusion" shall we say, about who was at fault etc- the other driver's claim against you will then be dismissed and you can seek legal advice to claim against him for loss of earnings ( if not getting that job was a DIRECT concequence of the pending claim against you)
Good Luck!

tjb

Any advice on the following Last year I agreed I was at fault when my car lightly touched the car in front bumper whilst barley moving in traffic Their was no marks to my bumper and a very light scuff mark if that on the third parties bumper, we exchanged details and I advised by insurance company and sent them some picture of the cars to show their was no damage. Approx 7 mouth later I received a letter from my insurance company advising the third parties claim against my insurance company for the sum of £3500 has been settled I wrote to my insurance company suggesting the amount claimed was unjustified considering there was barley any damage to the third parties car and requested a break down They replied to say the cost break down was £1000 for repairs, 500 for the third parties excess and £2000 for a hired car, because of the amount claimed my insurance quotations have more then tripled even though I have maximum protected no claims bonus and 26 years of incident free motoring As my insurance company have accepted and settled the claim without questioning the amount, my question is would I have the right to appeal against the amount claimed under the grounds that my insurance quotations has more then tripled Also would I have the right to request a copy of the garage estimates prior to the insurance company authorising the repairs which for this amount would normally require 3 estimates, as there is clearly fail play on the garage or/and the third parties behalf My other question is would this matter be worth pursuing with the intention of reducing my insurance quotations even though the insurance claim has been settled

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