Fraudulent insurance claim against me

LBuBerryCo on 03/10/2019 - 04:25

Hi all,

In March 2019, while I was parked an incompetent driver reversed into the front of my vehicle. Neither car was damaged or even scratched.

At the time of the incident, the driver of the other car cried, apologised and immediately accepted fault.

Several days later I received a letter from NRMA (insurers for both parties) advising the other driver made a claim against me saying I drove into the rear of her vehicle.

We immediately actioned the claim with Nrma, provided a comprehensive statement of facts and evidence, photos, offer to provide stat dec and reference to CCTV camera that captured the event. I've even provided nrma the ref and details of the body holding the footage. We also advised this is a fraudulent claim and to conduct an investigation.

Eight months later, nrma has sent me a demand letter requesting payment of excess as we were at fault.

Nrma has clearly sat on the claim and has not investigated anything. Furthermore, I have not even received written decision.

I would appreciate feedback. In principle I can't pay excess in support of a fraudster.

Trying to contact the ombudsman has been fruitless as they no longer answer calls or provide specific advice.

Thanks in advance

Automotive

Comments

  • pinchies on 03/10/2019 - 04:52
    +4

    I would call NRMA to see if it is a simple misunderstanding or oversight, and perhaps then failing that to ask a legal professional for advice to draft a formal letter to respond to their demand letter. I am not a lawyer by any stretch, but surely in the worst case if they take you to court for non-payment of the letter of demand, if you have the evidence you would win that easily?

    https://www.business.gov.au/people/contractors/resolving-dis…

  • Euphemistic on 03/10/2019 - 05:25

    If neither car was damaged during said incident what is the claim for? If you have photos of Nik damage surely they can’t claim for much.

    • apsilon on 03/10/2019 - 06:14
      +2

      Basically they've backed into something else since and want OP to pay for their repair.

      I'm worried similar is going to happen to me. Had a bloke recently claim that I hit his car when I passed him. Fortunately I have front and rear dashcam so have saved multiple copies of the footage, took detailed photos as well as had someone inspect my car immediately after and write a statement that there was no evidence of contact etc etc. Won't be surprised if several months from now I get a claim made against me. There's some real dodgy (profanity) out there.

      • Euphemistic on 03/10/2019 - 08:15

        Basically they've backed into something else since and want OP to pay for their repair.

        Yeah, I get that, but OP says there was no damage visible so what is the other party claiming? Respect of a bumper might be expected but if there is any body structure damage being claimed then it is surely dodgy. Maybe it’s for whiplash or something.

        • ThithLord on 03/10/2019 - 09:12

          Yeah, I get that, but OP says there was no damage visible so what is the other party claiming?

          Maybe OP has a 4WD with a sufficient Bullbar that would take a beating without showing anything, lmao.

        • Bargain80 on 03/10/2019 - 11:24

          this could be a fraud done by the other party.
          They might have destroyed the car afterward and claimed and it's caused by the OP.

          • Euphemistic on 03/10/2019 - 13:37

            @Bargain80: Which is why it is interesting to find out what damages have been claimed for. Easy to refute if the claim is for a door or other parts.

  • garetz on 03/10/2019 - 05:30
    +8

    It's always tricky when it is the same insurer for both parties, cause it costs them whichever party wins, and they want to save as much money as possible by not doing any investigation, they see it as additional cost for no reason.

    Get legal representation.

    • ThithLord on 03/10/2019 - 09:11
      +2

      But … wouldn't you think they'd rather find one of the party's fraudulent? That means they don't have to pay out anything, seeing as OP has no damage and the other party wouldn't be getting any claims paid.

  • burningrage on 03/10/2019 - 06:26
    -1

    Should have posted this into current affairs and watch how quickly NRMA (and the Ombudsman for being lethargic) will buckle.

  • Danstar on 03/10/2019 - 06:47

    Sounds like a very frustrating and annoying situation for you.

    I'd just keep calling NRMA till they actually work on this. Most of their systems are automated and inputted by overseas call centres who don't pay too much attention to detail.

  • capslock on 03/10/2019 - 08:15
    +3

    Make a complaint to Australian Financial Complaints Authority.

    Don't bother wasting your time with NRMA. They already let the other driver off the hook and they can't backtrack on that. They will continue chasing you unless you have an external party on your side like AFCA.

  • Skramit on 03/10/2019 - 08:22
    +1

    You need to escalate it inside NRMA. Call them, ask to speak to a supervisor/manager and explain what you posted above. Inform them that upon failure to investigate, you will be lodging a complaint to the finance ombudsman who handle insurance complaints: https://www.afca.org.au/

    In fact if I were you, given its been 8 months, I would just lodge it with the ombudsman now. Ombudsman complaints usually kick these big companies into gear.

    • burningrage on 03/10/2019 - 09:15
      +1

      I think OP did go to Ombudsman and OP said it was fruitless as they are not taking calls.

  • [Deactivated] on 03/10/2019 - 09:00

    It is likely that the person working on your case hasn't bothered to peruse the material you sent.

    Just remind them of the material you sent and release another copy should they request for it.

  • tomsco on 03/10/2019 - 09:17

    Obviously your response at the time will give weight to your case, but did you happen to get a copy of the footage at the time?

  • plmko on 03/10/2019 - 09:28
    -1

    If you are absolutely sure you have all the evidence to support your claim, stop communicating now. Wait for the magistrate summons and let them eat crow and then claim out of pocket expenses to compensate your attendance.

    • Skramit on 03/10/2019 - 10:09

      Agreed.

      It costs insurance companies $$$ to send it to court. Once they realise they can't bully you into paying, they will investigate and likely clear you if the evidence you provided is clear cut.

    • salmon123 on 03/10/2019 - 10:10

      Wait for the magistrate summons and let them eat crow and then claim out of pocket expenses to compensate your attendance.

      Which state? AFAIK, you can't claim expenses at local court in NSW.

  • Ryanek on 03/10/2019 - 09:55

    Don't offer, upload CCTV to YouTube right now and attach link to your correspondence with NRMA.

  • salmon123 on 03/10/2019 - 10:11
    +1

    Yet another shake-down by an insurance company … and people say insurance isn't a scam.

  • josh676 on 03/10/2019 - 10:34

    Should have recovered the CCTV, and not relied on the insurance company to do it.

  • [Deactivated] on 03/10/2019 - 10:35

    Something not right here. I would be going higher within NRMA or ins Ombudsman. I have had over $100K claims with NRMA Car/House insurance never had 1 problem.

  • Ughhh on 03/10/2019 - 10:45

    reference to CCTV camera that captured the event. I've even provided nrma the ref and details of the body holding the footage

    Did you get a copy of the footage? You have to be proactive in these situations incase insurance takes forever to investigate. If you weren't proactive, probably a high chance the footage has been erased.

    • salmon123 on 03/10/2019 - 10:48

      Did you get a copy of the footage? You have to be proactive in these situations incase insurance takes forever to investigate. If you weren't proactive, probably a high chance the footage has been erased.

      I doubt it … who would really both, in the case of a minor fender bender with no damage to either car …

      • Ughhh on 03/10/2019 - 11:06

        It might look like a minor, but upon professional inspection, it could be more serious than it looks/you thought. That happened to my aunts car.

        People are shit. There's always people looking for ways to pass responsibility, using ridiculous excuses, as evident in the other accident threads. You gotta do what you gotta do to prevent the worse from happening

      • BuBerryCo on 03/10/2019 - 15:23

        Thanks everyone for the replies.

        After spending quite a bit of time tracking down the relevant authority with the footage, I was advised the cost of getting the footage starts at $250 + time spent.

        They suggested to provide the ref for my enquiry to NRMA and get the insurer to get the footage.

        NRMA sat on the case for 8 months, my issue is the footage is likely to be wiped.

        As you guys have suggested, I'm going going to write a letter to NRMA complaints and then fwd a copy to the finance ombudsman.

        Thanks Guys!

        • try2bhelpful on 04/10/2019 - 11:01

          best of luck. Hope they just back down.

  • Snake 4 on 03/10/2019 - 12:11

    Had a motor bike run up the back of me. No damage to the truck. Bike was a write of. Received a letter of demand from Shannons his insurer. Called them and said you are kidding.

    Lucky for me the bike owner called the police and was blaming me. He was charged with failing to keep a safe distance was fined $360 and lost 3 points. Calling into the police station that attended I got the case number and emailed it to Shannons.

    Seemed he had not told Shannons he was charged.

    there are scumbags out there.

  • HardlyCharly on 03/10/2019 - 13:12
    -1

    Don't get your hopes up. These insurance companies don't give two shits if you get scammed. It happened to us and in the end we could do nothing about it. It's f****** disgusting. RACQ essentially confirmed to me straight up that somebody could walk into a parking lot, kick in the panel on a random car, then blame another random car with no damage as a 'witness', and the owner of that car would be liable, just because this random person says so. Seriously. It makes me sick.

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