Fraudulent Personal Injury Claims |
Fraudulent Personal Injury Claims |
Mon, 23 Apr 2018 - 16:02
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#1
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New Member Group: Members Posts: 4 Joined: 23 Apr 2018 Member No.: 97,651 |
Hi,
I know this isn't quite the place, but here goes. Mid 2016 I clipped my wingmirror against a fully loaded scaffolding van. Driver and passenger put in personal injury claims through two separate firms. My insurers rejected it and after one and a half years, both claimants solicitors withdrew. They got no money and they didn't go to court (wonder why.......) It is possibly one of the most ridiculous claims ever made. In that time my insurance has gone up quite a bit, and I can't get insured on my wifes car as it would cost a bomb. They have now gone to another firm and started the claim again......... so I'm still paying premiums and can't drive the wifes car (we have two kids so can be a PITA sometimes). Is there anything I can do to stop these guys? Or is it legal to just to continue to make fraudulent claims. Cheers, |
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Mon, 23 Apr 2018 - 16:02
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Mon, 23 Apr 2018 - 18:36
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If they’ve signed a declaration of truth (or their solicitor has on their behalf via the portal) and you can prove it was false make an application to commit for contempt. More realistically, your insurer should investigate. LV recently had a gang jailed for contempt for just that.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Mon, 23 Apr 2018 - 19:55
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#3
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New Member Group: Members Posts: 4 Joined: 23 Apr 2018 Member No.: 97,651 |
Cheers southpaw82, I will ask my insurer that tomorrow, and proving that wouldn't be hard - They both alleged completely different version of events for the same incident, and the assessor called BS on both, on sight of my car. I've also been told that the only thing I could do directly is, theoretically, go for harassment. Also have photos taken on the scene etc.
Cheers again |
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Sun, 27 May 2018 - 22:14
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#4
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New Member Group: Members Posts: 4 Joined: 23 Apr 2018 Member No.: 97,651 |
Cheers Southpaw82, I talked to my insurer and mentioned your advice in my words (without reference to this forum). I got a call back saying my no-claims etc would be immediately reinstated. I can now drive my wifes car without the £££ premium and got my increased premiums back after 2 years of this c**p hanging over my head.
I also found out that the person making the repeated claim (they advised me to google) has been sent down by crown court for an unrelated matter............... CHEERS |
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Mon, 28 May 2018 - 05:30
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#5
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Member Group: Members Posts: 1,006 Joined: 29 Oct 2013 Member No.: 66,323 |
Nice
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Mon, 28 May 2018 - 06:05
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Good result!
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 29 May 2018 - 10:16
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#7
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Member Group: Members Posts: 11,094 Joined: 24 Aug 2007 From: Home alone Member No.: 13,324 |
QUOTE LV recently had a gang jailed for contempt for just that. Here is the case. https://www.judiciary.gov.uk/wp-content/upl...uz-20171206.pdf AFAIR it was because they (and not their solicitors !!) lied to the court. It would seem that to prove a solicitor is lying their arse off for personal gain (in the guise of helping their client) is a high hurdle to clear. |
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Tue, 29 May 2018 - 19:05
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#8
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
It's the job of a solicitor to represent their client, not investigate the case and start filtering information.
My favourite were trials where the defendant didn't turn up and the poor solicitor was left defending a case that was clearly totally hopeless. All were convicted in absence of course. |
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Tue, 29 May 2018 - 19:21
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#9
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It's the job of a solicitor to represent their client, not investigate the case and start filtering information. True but their primary duty is to the court and not to their client. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 29 May 2018 - 19:31
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#10
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
It's the job of a solicitor to represent their client, not investigate the case and start filtering information. True but their primary duty is to the court and not to their client. Really? Surely duty is to client since normally they are representing their client. Court is just their playground. This post has been edited by peterguk: Tue, 29 May 2018 - 19:32 -------------------- |
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Tue, 29 May 2018 - 19:36
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#11
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
It's the job of a solicitor to represent their client, not investigate the case and start filtering information. True but their primary duty is to the court and not to their client. Really? Surely duty is to client since normally they are representing their client. Court is just their playground. Solicitors are Officers of the Senior Courts. They have an over-riding duty to the court, principally not to mislead it. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 29 May 2018 - 23:31
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#12
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Really? Surely duty is to client since normally they are representing their client. Court is just their playground. As SP says, solicitors are officers of the court and they are held to certain standards. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 30 May 2018 - 01:45
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#13
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Member Group: Members Posts: 3,816 Joined: 20 Dec 2008 Member No.: 24,962 |
The OP has finally got his desired result.
How did his Insurer settle the original claims? A defence Solicitor must act on Client instructions without misleading the Court. |
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Wed, 30 May 2018 - 10:44
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#14
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New Member Group: Members Posts: 4 Joined: 23 Apr 2018 Member No.: 97,651 |
I was told it is now on my record as "notification only, non-fault, £0 claim" and that if they hear anything more about it they will tell them to go away.
As an aside, many years ago my wife had a personal injury claim made against her. The claimaints version of events was obviously false when compared to my wifes statement. The firm then completely changed the story (twice) as more evidence from my wife was discolsed. The "third revision" was then presented to a "claimant friendly court" (i was shocked that such a thing could exist). I think you can guess what my opinion of the system is........ |
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Wed, 30 May 2018 - 10:51
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#15
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
It's the job of a solicitor to represent their client, not investigate the case and start filtering information. True but their primary duty is to the court and not to their client. Really? Surely duty is to client since normally they are representing their client. Court is just their playground. Solicitors are Officers of the Senior Courts. They have an over-riding duty to the court, principally not to mislead it. Got you. Thanks. -------------------- |
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Fri, 1 Jun 2018 - 08:09
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#16
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Member Group: Members Posts: 587 Joined: 18 Sep 2008 From: Folkestone, Kent Member No.: 22,623 |
When a Mags bench is addressed by a solicitor who precedes his address with "my client instructs me to say, ............" certain conclusions could be drawn.
This post has been edited by Lodesman: Fri, 1 Jun 2018 - 21:41 |
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 22:27 |