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'Keeping the Whereabouts of Stolen but Recovered Vehicles from Insurers'.
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Mr Philip Swift
Freedom of Information Section
Nottinghamshire Police
Telephone:- 0115 9672507
Facsimile:- 0115 9672896
E-mail: [email address]
[FOI #22811 email]
8th December 2009
Dear Mr Swift
Request under the Freedom of Information Act 2000 (FOIA)
Reference No: FOI09-2637
I write in connection with your request for information dated 8th November 2009, which was received by Nottinghamshire Police on 9th November 2009, and acknowledged by e-mail on 12th November 2009. I note you seek access to the following information:-
1. A copy of the Nottinghamshire Police Stolen Vehicle Recovery
Guidance and the associated policy (as at or before 20.08.2009)
2. The research and associated information acquired and considered
giving rise to the conclusion that, upon finding a stolen vehicle
in respect of which the victims insurers had been notified (a claim
submitted), the whereabouts of the vehicle could not be conveyed
(without the victims consent) to the insurer concerned or their
representative.
3. The awareness material produced (and circulated) by Mr Weston,
in relation to the processes to be adopted following the recovery
of a stolen vehicle. In particular the advice to Nottinghamshire
police staff about not informing insurers about the location of a
vehicle that has been recovered.
4. The processes in place in the event the Nottinghamshire police
are unable to contact the insured to notify them of their vehicles
whereabouts and thereby enable this information to be passed to
insurers
5. The consideration given to the possibility that some insured
may not wish to be reunited with their stolen / recovered car and
therefore intentionally fail to advise insurers thereby obtaining
settlement in respect of a vehicle that has been located.
6. The alternative means of addressing the situation that were
considered and dismissed resulting in the new policy.
Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.
Decision
Please see enclosed response
Complaints Rights
Your attention is drawn to the enclosed review procedure, which details your right of complaint.
Copyright
Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.
I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.
Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.
Yours sincerely
Freedom of Information Officer
Enc
RESPONSE
Under S 1 (1) (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Nottinghamshire Police does hold the information you have requested.
1. A copy of the Nottinghamshire Police Stolen Vehicle Recovery
Guidance and the associated policy (as at or before 20.08.2009)
Please see attached document
They can also be found at the following links.
2. The research and associated information acquired and considered
giving rise to the conclusion that, upon finding a stolen vehicle
in respect of which the victims insurers had been notified (a claim
submitted), the whereabouts of the vehicle could not be conveyed
(without the victims consent) to the insurer concerned or their
representative.
Nottinghamshire Police follows the Stolen Vehicle Recovery Guidance with regard to notification. Insurance companies should then follow the Memorandum of Understanding, which is between the Association of British Insurers and ACPO.
3. The awareness material produced (and circulated) by Mr Weston,
in relation to the processes to be adopted following the recovery
of a stolen vehicle. In particular the advice to Nottinghamshire
police staff about not informing insurers about the location of a
vehicle that has been recovered.
Providing Information to the Insurance Industry
It is essential that queries from the Insurance Industry are dealt with in compliance with the Memorandum of Understanding that exists between the Association of British Insurers and ACPO.
In brief, this enables the Force to provide Insurers or Loss Adjusters with:
information that is relevant to a suspected fraudulent insurance claim, using Appendix Form E (as referred to in the MoU). There is no fee for this.
information where there is specific reason to check a claim, upon receipt of written consent from the insured, using Appendix Form D, and payment of an appropriate fee.
relevant details relating to criminal proceedings resulting from a fraudulent claim in order that the insurer can claim compensation.
Information may not be provided by telephone or by e-mail due to the need to maintain adequate security and to provide information in the agreed format.
Further guidance can be obtained from the Data Protection Officers.
4. The processes in place in the event the Nottinghamshire police
are unable to contact the insured to notify them of their vehicles
whereabouts and thereby enable this information to be passed to
insurers
Every effort will be made to contact the registered keeper of the vehicle via telephone or in writing. The registered keeper/owner is responsibly for keeping their details up to date. However, as good practice should a vehicle be noted as stolen for more than three weeks, a check will be undertaken on the MIAFTR database to determine if a claim has been settled, if this is the case the Insurance Company who is detailed on the database will be informed.
5. The consideration given to the possibility that some insured
may not wish to be reunited with their stolen / recovered car and
therefore intentionally fail to advise insurers thereby obtaining
settlement in respect of a vehicle that has been located.
Should the registered keeper/owner of the vehicle choose not to notify the insurance company that the vehicle has been recovered, Nottinghamshire Police would not be aware that this was the case or whether an insurance claim had been submitted, however the ABI agreement allows for insurance companies to obtain information from the Police if they believe there is a fraudulent claim.
6. The alternative means of addressing the situation that were
considered and dismissed resulting in the new policy.
No information held, the policy and guidance was reviewed and published on 03/03/2009.