Memorandum of Understanding
‘Guidelines on the exchange of information between
the Police & Insurance Companies and Loss Adjusters’
29th September 2002 circular I issued:
Further to recent conversations / dissuasions, you will be pleased to know the ACPO Crime Committee guidelines of 1978 have been superseded and new guidelines come into effect October 1st, 2002.
To assist in the submission of requests for information, we have three new templates on the system:
- REQUEST TO THE INSURED FOR CONSENT TO DISCLOSURE OF INFORMATION HELD BY THE POLICE (section 4 application)
- REQUEST FOR INFORMATION HELD BY THE POLICE WHERE THERE IS EVIDENCE TO SUSPECT A FRAUDULENT INSURANCE CLAIM (section 5 application)
- OUTCOME OF INVESTIGATION (letter to the police)
I anticipate the majority of our requests being under ‘2’ above. To view the complete guidelines, please visit our website pages
Your questions answered:
- What is the difference between ‘1’ and ‘2’ above?
A ‘suspicion of fraud’. We do not necessarily have to prove fraud, but we must show that there is evidence to support our suspicion. If there is no suspicion of fraud, we must comply with s4 of the guidelines, the ‘consent’ approach. Click on the link for more information:
- Who can apply?
You can, on behalf of insurers appearing in Appendix A. In brief, this is a list of our ABI member clients. The facility does not apply to Lloyds syndicates. We have written to our clients notifying them of this. It may be acceptable if we use the template for ‘2’ above as a format for information applications under the more usual s29(3). If unsure, refer the requests to myself.
- How do I apply?
Applications must be in the agreed format; use our templates completing the highlighted sections. We must summarise the evidence and supply copies of supporting documentation to the Police. Consider cutting and pasting from other documents, such as statements of the insured or from the report submitted to insurers. All applications must be reviewed and countersigned by me. All applications should be entered on our log, held in the company folder – we are monitoring all applications and replies.
- To whom do I apply?
At this time, please address requests for information to the appropriate Constabulary’s Data Protection Officer. A list of addresses can be found in the ‘company’ folder on your desktop.
- Is there a cost?
Only under ‘1’ above, when a charge of £75 is made, otherwise the applications are free.
- What happens next
There is no agreed timetable for the supply of information. I would suggest repeating the request within 14 days, by fax. I would hope that information would be forthcoming within 14 to 28 days.
- Do we need to inform the police of the outcome?
Yes. The Police have asked that where they have supplied information under section 5 of the Guidelines, they be informed of the outcome of their investigation and the claim. A brief letter (template ‘3’) should be sent to advise the police whether the information supported our suspicions. It is for our principals to consider whether they wish us to present the matter to insurers as a complaint of crime.
General principles: