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Fraudulent Personal Injury Claims
darkstar100
post Mon, 23 Apr 2018 - 16:02
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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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post Mon, 23 Apr 2018 - 16:02
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southpaw82
post Mon, 23 Apr 2018 - 18:36
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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.


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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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darkstar100
post Mon, 23 Apr 2018 - 19:55
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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 smile.gif
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darkstar100
post Sun, 27 May 2018 - 22:14
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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 smile.gif

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Unzippy
post Mon, 28 May 2018 - 05:30
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Nice cool.gif
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The Rookie
post Mon, 28 May 2018 - 06:05
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Good result!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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emanresu
post Tue, 29 May 2018 - 10:16
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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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Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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notmeatloaf
post Tue, 29 May 2018 - 19:05
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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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The Rookie
post Tue, 29 May 2018 - 19:21
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QUOTE (notmeatloaf @ Tue, 29 May 2018 - 20:05) *
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 8-0 PPC's
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peterguk
post Tue, 29 May 2018 - 19:31
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QUOTE (The Rookie @ Tue, 29 May 2018 - 20:21) *
QUOTE (notmeatloaf @ Tue, 29 May 2018 - 20:05) *
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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southpaw82
post Tue, 29 May 2018 - 19:36
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QUOTE (peterguk @ Tue, 29 May 2018 - 20:31) *
QUOTE (The Rookie @ Tue, 29 May 2018 - 20:21) *
QUOTE (notmeatloaf @ Tue, 29 May 2018 - 20:05) *
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.


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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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cp8759
post Tue, 29 May 2018 - 23:31
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QUOTE (peterguk @ Tue, 29 May 2018 - 20:31) *
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.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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ford poplar
post Wed, 30 May 2018 - 01:45
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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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darkstar100
post Wed, 30 May 2018 - 10:44
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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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peterguk
post Wed, 30 May 2018 - 10:51
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QUOTE (southpaw82 @ Tue, 29 May 2018 - 20:36) *
QUOTE (peterguk @ Tue, 29 May 2018 - 20:31) *
QUOTE (The Rookie @ Tue, 29 May 2018 - 20:21) *
QUOTE (notmeatloaf @ Tue, 29 May 2018 - 20:05) *
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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Lodesman
post Fri, 1 Jun 2018 - 08:09
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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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