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Could a case of mistaken identity lead to a claim for whiplash?

Could a case of mistaken identity lead to a claim for whiplash?

Being notified of an insurance claim against you as a result of a car accident is always going to be a cause for worry. But this situation is made much worse when you have no knowledge of being involved in an accident, much less of being at fault.

Though relatively rare, a number of drivers around the UK are being notified that they are at fault for accidents that they were not involved in. This can occur due to an honest error on the part of the claimant when writing down the number plate of the other vehicle. But it can also be a case of insurance fraud, in which another party is attempting to claim for whiplash or other forms of personal injury supposedly sustained in non-existent accidents.

Insurance companies slow to rectify false claims

A report by the Money Box programme on BBC Radio 4 has uncovered a number of cases in which motorists had been notified by their insurance companies of accidents that they had not been involved in. Unfortunately, in many of these instances the insurers were slow to rectify matters on their client’s behalf.

In one such case, Liz Tunmer was informed by her insurance company that there had been a claim against her for an accident which had supposedly taken place in the car park of her local supermarket. However she knew she had not caused an accident and CCTV footage from the supermarket confirmed this.

When Ms Tunmer attempted to straighten out the matter, she found that communication from her insurance company was lacking, and says that many of her phone calls and emails went unanswered. She was then informed that there may also be a personal injury claim against her related to the accident.

Months later however, she found that the case had been closed without any notification from her insurance company. Yet when she attempted to renew her car insurance policy, she was told that the supposed accident would affect the cost of her premiums. It was only when the other party eventually withdrew their claim that the matter was settled.

Ms Tunmer is angry with her insurance company for failing to communicate with her properly and leaving her to take matters into her own hands. “I thought that paying a premium for my insurance meant any instance such as this would be dealt with by them,” she said.

Her experience is one that causes concern amongst the legal profession. Nicholas Jervis, managing director of claims experts 1stClaims, sees the problem as one of poor communication on the part of the insurance companies. “Treatment like this is not going to promote the reputation of the insurance industry in a favourable light,” he comments. “It’s a case of treating people – customers – as a number rather than as a human being, and with a total disregard for the distress it can cause to an innocent motorist,” he adds.

Cloned registration plates and fraudulent whiplash claims

Some instances of mistaken identity may arise because the individual’s car number plate has been ‘cloned’ for illegal use on an uninsured vehicle which has then been involved in an accident. They may also be the result of a fraudulent claim in which someone has claimed for whiplash knowing that it is likely that the insurance company will pay out without proper investigation to avoid further costs.

“Insurance companies have to be seen to be doing a proper job of investigating suspect claims,” says Nicholas Jervis. “Any that don’t will quickly find that their reputation is damaged and they will start to lose valuable customers,” he adds.

Those who fear that they may be the victim of a fraudulent claim for whiplash or a case of mistaken identity should attempt to resolve the matter with their insurance company, supplying as much evidence as possible. If the insurance company fails to deal with the false claim then it may be necessary to seek legal advice.

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