Don't really want to go too much into this but do we have any members that have worked in vehicle insurance or crash report engineering type stuff that could lend an ear and possibly share some advice? Would be a great help as I've become the victim of an insurance scam.

Ben

if you can give some details we may find some info on the net that could also help.

i expect its long winded and complicated to type out.

I've scoured the net and found as much as I can but hoping to find someone with experience that isn't working on our case and can maybe lend some kind of personal opinion.
While at lights with handbrake on some guy has rolled back into us, tried to say we went into the back of him even though there was several cars parked behind us. All seemed so scripted and smelt a scam from the word go, no damage to either vehicle whatsoever and that has been confirmed by an insurance engineer but third party not claiming for damage and never was. Went straight in for a whiplash claim for himself and his passengers. The road in question is set on an incline so supports our claim that he rolled back but can't be doing with all this and don't want the insurers bailing on us.. :-(

Report it to the police, they are hot on fraudulent insurance claims at the moment and are looking for patterns - make sure you report it as insurance fraud and not just a crash.

Yep, insurers often ignore what you say and settle against your will.

Check for any cctv cameras (private or public) in the area that might have got it - you have to be quick to make sure its not wiped.

Your only real defence is to employ your own LOCAL solicitor, anyone the insurance company supplies are highly unreliable in my experience (one that was supposed to be claiming costs on my behalf never even asked me what my costs were!). One letter might resolve it. Get your free first meet with a solicitor and see what he has to say.

I've been stung once by no witnesses and so have other members of my family - insurance just caved in, cost me loads.

The following article gives some frightening statistics CLICKY

Police weren't much help, just said it was a matter for insurance although I have rang back a few times and last time spoke to a nice fella who gave some good advice, I've claimed from the start I believe it to be insurance fraud and want it treated as such, I've been stung before. This time I got straight on to my insurers to report fraud and so far my insurance seem helpful sending out an engineer who has said that there is no damage to our car whatsoever so there is no way impact was substantial. We also have an investigator calling for a statement and I've took my own initiative to film a short demonstration showing the incline on the road to support my case. And I've also included a link in an email to show a crash test at 10mph to further support my case. http://youtu.be/HutpwGB93P4

Apparently they won't give the cctv unless there is a fatality or serious incident

The trouble is these days that the foam bumpers on cars spring back into shape and so can not be useful in proving it was a very low speed impact.

I feel for you on this, insurance law isn't like normal law and it doesn't take much to set someone up, burden of proof is completely different. Combine that with the rotten stinking attitude of many insurance companies and you end up in no man's land.

I guess you will be investing in a dashcam like many Russian drivers do.

You could employ someone to video these people who no doubt are claiming they are still thoroughly disabled.

I'd love to see their medical reports, Doctors are quite careful about their wording. "symptoms are consistent with whiplash" can be simply saying that they claimed they had a sore neck, if the doctor doesn't actually indicate degree of physical damage then basically there is no proof of injury.

On the cctv front, private cameras you can just ask, official cameras there was a process whereby they don't release the footage to you but it ensures it is saved in-case there is an impending court case. That was from some years ago but there must be some similar process now.

Thats bad.
Years ago i was in an accident and it wasn't my fault, but because it was my word and there word, the insurance went 50% 50% i was fuming over it.

Note to myself i need to get a dash cam!!

I would be inclined to find my own witness

I'll be fighting this tooth and nail,

My claim-

- car rolled back into us due to incline on road (video demonstration of incline)
- no damage to my car, engineer employed by my insurer backs this explaining as we have an all color coded bumper it would leave atleast a scuff and no evidence of stress on the clips/brackets that attach bumper to mainframe.
- no injury to driver or our 3 year old daughter sitting in the back.
- no claim

Third party claim-

- We collided with them at 10mph (please watch this http://youtu.be/74EOtGEihd4 )
- no damage to their vehicle
- whiplash injury to driver and passenger (both grown men)
- whiplash claim

We seem to have a lot more to back our version of events than they do theirs, hopefully our insurance don't cop out but ready to appeal if need be.
12 months ago my 80+ year old grandmother was airlifted to hospital after a car accident, even though we were told a 16year old would be lucky to survive we held tight and after skin grafts, a shoulder repair, ribs, arm, leg etc she pulled through against the doctors predictions, her quality of life is somewhat diminished and the insurers are still arsing about to pay up. I see the results of her accident on every visit I make so you can understand my frustration and anger towards these two men out for a quick buck.. To them it's just a case of throw in a whiplash claim, try our luck and see what happens but to us it's sleepless nights pulling our hair out just to prove they are full of it.
If I would love nothing more than to see them prosecuted for insurance fraud, people moan about insurance premiums but it's down to ... bags like these!

I had a similar situation and my insurance company went to court to dispute the ludicrous injury claim.Unfortunately if your insurance company will not go to court you will find it very difficult to get justice as the court costs run into thousands.Action Fraud are very helpful.
Sadly as Mark says, sometimes we have to accept this situation in the knowledge that you are not the only one set up in this way. The government and police should do more.
Good luck I do hope that you succeed.

That video speaks volumes.
You need to see what you can do to get your insurance to take it on, if i remember i was told there was nothing i could do on a 50-50 as this is how its dealt with.

I may be wrong, but could you not Sue those in the car?

Its organised whiplash gangs and we know it, there so informed and know what there doing.

As Rossie says Action Fraud could give good advice.
Not used them, or heard of them but fingers crossed.

Already spoken with action fraud but they need my insurance are the ones who need to talk I with them. Since my last post I have spoken with the investigator who quizzed us on all things to get a full picture and with the incline reconstruction I filmed, pictures of NO Damage to either vehicle, YouTube crash test at 10mph I shared and the fact that our 3 year old daughter has not incurred an injury. The investigator has declared it a non fault accident on our part and the case is being dealt with now by the fraud team, add to that the engineers report of no damage the insurance have said whilst it is our word against theirs, we do have strong evidence supporting our claim and they have asked that should it come to it, would we be willing to go to court with it... Hell Yes we would!!!

So far the third parties insurance has ignored all requests from our insurance to provide evidence or allow our engineer to examine the car involved. Our insurance wants to send the exact same engineer who examined our car. The third parties insurance will not cooperate with my insurance BUT continues to harass us with letters direct through our door, I've had one through the door each day this week but my insurance has told me to ignore them as they are out of line contacting us direct. They have ignored my insurers request for them to stop.

Wow, that's getting complicated.

Not allowing the engineer to see the car is good for you, if it does go to court the lack of cooperation is a strong factor in your favour.

I would complain to the insurance ombudsman about the other insurance harassing you, they are not following protocol. I assume it is not an insurance company but just an insurance agent doing this - it would be hard to believe an insurance company would do that.

I'm really glad your insurance company are treating this for what it is, but stay alert, U-turns are not unheard of.

Looking forward to see these cowboys hanging from the yardarm!

Hopefully mate, I'm putting a lot of time and effort into this.
The letters from them just seem to be from their insurers, doesn't seem to be from an individual agent. It would be absolutely great if they got done for fraud, would be good to send that message out that lies can backfire, might scare a few people from trying it on a whim.

Liverpool is whiplash claims capital of Britain

SOURCE

Unfortunately, your insurance company has a right of subrogation which means that they can act for you in any claim against you that relates to the insurance policy that you have taken out.

Therefore, if they settle in the TP favour, this will obviously count against you in respect of your no claims bonus.

It appears you have given very clear instructions to your insurance company as to a fraud and so if they decide to settle and increase your premiums or reduce your NCB then you have a right to make a complaint to the Financial Ombudsman Service.

Reading the thread further, it does appear that your insurance company are now treating it as a fraud and should go to a fully contested Trial. However given the backlogs in the system this may be some 18 months away.

The letters being posted through your door are likely not to be from the TP insurance company but their solicitors. Your insurer's advice to ignore them is not exactly the right thing to do. You should send them on to your insurance company for them to deal with and write back to the sender to advise them to send all correspondence directly to your insurance company.