How can I fight a fraudulent insurance claim?

A couple of months ago our car was involved in a minor collision when another driver approaching at speed from behind ran into the back of it. Our car had just left a roundabout having previously signalled left and in our opinion, the other driver was fully responsible for the collision, but there were no independent witnesses.

The only damage to our car was a small scrape to the rear bumper on the nearside, which we are told will cost £60 to repaint. Damage to the other car appeared to be due to an earlier incident(s). Details were exchanged with the other driver who was quite friendly and we advised our insurance company of the incident.

Since then the other driver has lodged a claim for extensive damage saying that the accident took place on the roundabout and we were 100% responsible for forcing him off the road. In our opinion, the other driver is making a fraudulent claim.

We are concerned with the attitude of our insurers (a large company popular with older drivers) who has been of no support to us and appears to be taking the other driver's claim seriously. They say his insurer has 90 days to follow up his claim with further evidence, before they will chase them up. In the meantime, my NCB has been suspended which is unfortunate as the renewal date for my policy is 15/1/15. If I lose my NCB as a result of this incident will I have grounds for complaint against my insurer?

Asked on 17 December 2014 by Greg Drakes

Answered by Honest John
Tell your insurer that if it does not back you, then you will assess the total financial 'damages' this other driver is causing you via his defamation of you and you will sue him for it personally in the small claims track of the county court.

Similarly, make the other driver aware that this is what you intend to do and remind him of the penalties for perjury (he could easily get six months for lying in court). Once your insurer realises that you won't take this matter sitting down, it will probably start to put pressure on the other party to drop his fraudulent claim.

If you need help, contact timkelly@motorclaimguru.co.uk
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