False insurance claim against a relative...

Honestly, tell them to **** off. Literally, like that. That have absolutely zero capability to do anything about it. If it comes to it, let them take her to court, the hell they gonna do?

Don't enter into any arguments, just tell them to **** off and say sue me.

They won't.
 
Motor legal cover won't help in this case as ph isn't pursuing a claim, this is a third party allegation.

Ph's insurer may just pay out or go 50/50 if you don't keep up communication with them.

Is there a time stamp on the photo provided by tp? There wasn't any cctv at the scene but your aunt may be able to prove she was somewhere else shortly after. This combined with an undamaged vehicle which an engineer is free to inspect might make the third party insurer pay for the repairs themselves.
 
Basically, the photo proves nothing. The BMW driver may have done this himself, reversing out of the parking space or elsewhere. It is a fairly ridiculous thing to do anyway on that basis as all you are doing is showing you were parked next to another car at a particular time of day.

Just stay on top of her insurer to negate any claim being accepted.
 
bainbridge said:
Motor legal cover won't help in this case as ph isn't pursuing a claim, this is a third party allegation.
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The legal cover should provide you with a solicitor for a defence too. This is exactly what you should do - pass it to them to defend against, rather than spend any time yourself doing so.
 
This sounds as good a case for potential insurance fraud as any that I have ever seen.

Easy potential racket if you think about it. Take a picture of your "pride and joy" (don't underestimate the sorts of vehicles fraudsters will use, some of them crash brand new cars via slam-on as the payouts and appearances are better), wait until nice honest driver has gone, get a mate in to do the damage in some knackered old thing, if actually clever then use a similar colour car, claim nice honest driver was to blame and it's your word against theirs.

My suggestion would be to hint to your insurer that you think this may be a fraudulent claim, depending on who your insurer is some currently have a zero tolerance policy on the matter and will refer and fight every single case even if it costs them money. Some unfortunately still go down the "it will be cheaper to pay out the fraudulent claim" route, however if they have admitted it's fraud but they are paying it anyway then it no longer becomes your aunt's problem.

As others have said, it us up to them to prove she did it, you have physical evidence she did not and are quite happy for it to be tested. Tell em where to go.
 
Sorry not been on much.

had an update earlier though, the insurance company making the claim have dropped it. Phoned me and informed me that they would not be persuing the case any further.... so yeah sounds like even they think its a fraud or he is just accusing people for something he has done! for all we know he did it somewhere else and just used a photo he happened to take to try and make a claim!

Anyway all sorted now ( i hope ) :D
 
Plenty O'Toole said:
Agreed, if I truly can't find a good space and have to park next to something that's not in the best of condition, it's getting a quick snap taken :p
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I don't understand this reasoning, oddly enough.

If you do return to your car and their is damage, you can't be certain it's the other car anyway. Could be a passerby hitting in with a bag, could be a scrote doing it for the fun/joy of it.

The car you take a photo of is either going to be still there (in which case it's unlikely to be them, why would you return to a car in a space and not drive off again) or gone, in which case it could have been anyone else in the mean time.
 
What is funny is that in pursuing a claim against you.. they've made a legal claim..

I'd be interested in looking a legal letter back to their insurance company.

Naturally they'll make the point that they believe that it's still your fault however they have made the agreement with the accusing party that it's not worth pursuing.

The point here is that the person has made a claim.. a legal claim. One that the accusing insurance company is likely to not want to get involved in..
 
For the record telling your own insurance company to get lost isn't a great tactic.

They will just pay out if some evidence is presented and then you have a claim against you. You can cry all you want afterwards but that's what it will stand as. Your insurance company paid out for a claim against you.

You might argue they should have believed you and tried harder, but how many people do you think try this tactic of not playing ball after causing an accident or causing damage?
 
Seen plenty of fraud cases in my last job, the problem is most of the time the insurance company will settle it because it is cheaper.

Of course if will also defend it to the end out of principle but these cases are handled by the more junior end of the profession, as opposed to the more senior dealing with spinal injuries claims etc. So the insurance company don't want to pay tens and thousands of legal fees for a £2,000 bodywork on a car.

The most you can do is you give your side of the story, statement, take photos of your own car showing lack of any damage. Your statement (or the relative's) is evidence in itself as much as the other side.
 
muon said:
For the record telling your own insurance company to get lost isn't a great tactic.

They will just pay out if some evidence is presented and then you have a claim against you. You can cry all you want afterwards but that's what it will stand as. Your insurance company paid out for a claim against you.

You might argue they should have believed you and tried harder, but how many people do you think try this tactic of not playing ball after causing an accident or causing damage?
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He said tell the other guy's insurer to let lost until they actually have some evidence to present. I'd do the same.
 
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