Q&A - Fraudsters claim my car hit theirs and injured them. What can I do?

Q:  I was driving onto a roundabout that is partly controlled by traffic lights, with fast moving traffic feeding from a dual carriageway.   I slotted into a lane promptly so I was not blocking other traffic, but another car nipped in at some speed in front of me.   I felt this was a dangerous manoeuver so I hooted them.   The traffic lights changed.  We exited the roundabout and immediately this other vehicle slammed on its brakes.  I reacted quickly but our bumpers touched.   The driver and passenger jumped out of their vehicle, looked theatrically where the two cars touched and claimed there was a lot of damage.  Before I could take their details they got back into their car and phoned for an ambulance and Police. 

I was not injured but I later received a claim from them that they were injured.  I have a Go Pro CCTV camera in my car that shows exactly what they did and that there was no impact, but my insurance company now wants to divide liability on a 50/50 basis.    What can I do to stop these fraudsters getting anything?

A: Unfortunately insurers always deal with things on a purely commercial basis.  No doubt, they will increase your insurance premium if you allow this liability split to go ahead.

If you have film footage and it is compelling, then you need to make sure that the insurance company or their solicitors put this in front of the fraud team to see what they say.  There is always a danger that you will be investigated as part of a potential fraud but, from what you say, you are completely innocent. 

It is important to fight insurance companies in situations like this.  They will do whatever they can do to save costs, irrespective of how it affects you and your future insurance premium.

(Published 30/10/2017)

Robert Williams

Robert Williams

Partner

A Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham

Claire Parfitt

Claire Parfitt

Solicitor

Solicitor within our Civil Litigation team in Wrexham and Oswestry