I was recently involved in a very minor accident. I wasn’t injured and there was only minimal paint damage on my bike. It seemed my insurer forwarded my details to one law firm, who passed it on to another law firm, who in turn have got an accident management firm on my case to persuade me to make a claim.
I had been given the ‘sales spiel’ to make it seem OK to put in a whiplash claim, but when I told them this was morally suspect I was told that: “If I don’t put in a claim, they will put in a third-party claim against me personally.” This is disconcerting and worrying.
John Rollinson, email
Answered by Andrew Campbell, Solicitor and author of the MCN Law column.
If you weren’t injured any claim you made would be fraudulent, and not doing so would not affect any claim against you, which would be paid by your insurers anyway. Despite legislation in 2013 outlawing referral fees being paid by solicitors to “buy” claims, the relationship between insurers and their panel solicitors remains a grey area. Accident management companies complicate things further still, because unlike solicitors they are not heavily regulated.
Instead the Claims Management Regulator has a far looser code of conduct for how claims should be made. Loose as it may be however, clearly this sort of pressure to make a fraudulent claim must be in breach of that code.
You should raise this company’s conduct with the Claims Management Regulator on 0333 200 0110, or www.claimsregulation.gov.uk.