Insurers deal with claims as they see fit. If they wanna admit liability to save costs then they will do so - even if you don't want them to....

There is little point taking a case to court and potentially pay £1,000's in legal fees over £500-£1000.

If someone in Spain owed you £50 would you spend £200 to go and get it - no, you'd be £150 down. It's the same for insurers.

It's not ideal and I don't agree with the insurers doing it, but I understand why...

 

I see your point but this approach just encourages fraudulent claims. We need to clamp down on this practice. It's just driving premiums up. I personally think front and rear cameras should be fitted to all cars.

 

The police said they're not interested.

 

I spoke to the insurance company they said to write a letter to them saying about not admitting fault, he said looks like they're just going to pay out.

 

Hmmm not impressed. Seems the insurance company is of the mind that they'll pay out and recoup it in premiums. Great state of affairs. Gary, surely it's not this simple to get away with a fraudulent claim?!

 

They're pretty useless to be honest when I phoned this afternoon he said we had called them to say we were in an accident when in truth they txt messaged us saying they had a claim that we had been in an accident and to contact them. So to them we were saying we were at fault as we'd called them to report it! Compensation culture and idiots on the other end of the phone.

 

I think it's VERY easy to put in a fraudulent claim. While back when I had the bmw, I'd stopped to parallel park on a back road in the town next to mine, brake lights on, indicating but not moving. Middle aged woman bumps into my back bumper because she wasn't paying attention. I park up, get out. The bump must have been about 5mph, if that. She's stood there with her bonnet up and her alternator rattling cos the bearings were gone, saying oooh you've caused this, wasn't doing that before. I was like hang on you hit me. Anyway long story short I got a latter few weeks later saying her car was totalled, write off and she had severe whiplash. Insurance company didn't even ask me for my side, they just paid out to avoid personal injury dispute. Luckily my mum said she'd take the Ncb loss cos she's got like 40 years. Hate scumbags who claim cos they're skint, and have little respect for insurers

 

Saying that, it was a rover 200 so it being dirty is a write off really, cost more to have it valeted

 

Issue a formal complaint, this can be done over the phone so if they tell to put it in writing they are wrong (FCA [formally the FSA] regs state complaints can be made in any format), stating you are not happy with them accepting liablity when you werent involved.

Tell them you will bring this to the attention of the Financial Ombusmuns Service (FOS) and the press. This should make them sit up.

If the FOS investigate the insurance co, the insurance co have to pay out about £500, even if the FOS side with the insurance. So they never want them involved.

A serious and credible threat to get the press involved may cost the insurance millions in bad press (ie lost business), so they should want to avoid that as well.

 

Agree with everyone here, would absolutely not accept the blame on this!

 

Fwiw - YOU dispute the claim against you.

Your Ins Co. (who are acting on your behalf, because that's the contract you have with them) sides with the claimant and pays out - no problem, that's what you pay your insurance for.

Your Ins Co. (who are acting on your behalf, because that's the contract you have with them) sides with the claimant and pays out, and seeks to recover their loss via higher premium/loss of NCD against you - BIG problem because they have not acted on your behalf as they should (failure in 'duty of care').

Any losses you suffer as a result - Small Claims action.

I agree with all the comments about it being less expensive for the Ins Co. to settle out of court but they have to then accept that in doing so they can't recoup their losses by reducing their client's NCD etc.

They can't have it both ways.

If I were you ?
I'd tell them that if they use you (eg loss of NCD) to mitigate their loss then you'll sue them.
One way or another they'd end up in a Small Claims Court, and on the basis that their legal fees would be the same I'd assume that they would pay out the 'dodgy' claim but wouldn't want to fight your claim, so you wouldn't lose out on NCD etc.

If you wouldn't spend £1,500 defending,say, a £3k claim would you spend it defending a claim for loss of NCD of, say, £500?

 

Thank you very much guys I'm going to phone again this afternoon with all the info you have given me so I'll update on what they say.

 

After you have phoned them, summarise the conversation of what you and they have agreed in writing. Send it recorded delivery and keep a copy for yourself. It may be invaluable should you go to court.

 

Just had a letter saying they're reviewing it after recent discussions

 

This.

Why would anyone give their details to a complete stranger who you had a close call with?

 

Why doesn't anyone read the thread! My mrs stopped to have a go and was intimidated by 2 people whilst being worried with my young son in the car didn't give any car details ot admitted any fault but stupidly have her mobile number as a way of getting out of a frightening situation.

 

Should have filed a police report saying she was menaced into giving out her number and described the incident.