Accident- 3rd party trying to get out if it

[Gunner786]

Who is your insurance company OP if you don't mind answering?

Freeway

 

[muon]

Latest update is

The guy has got the car insured with another company on his own name(proves he is still in possessionof it). My insurance rang the current insurers of the car and its still the same person from the accident. So his sales receipt is proven to be fake in a way.
So he took it off aviva and insured with another company

Only worry is if aviva will wash their hands of this now and say that we are not dealing with this.
We have sent them all this today too so awaiting response.
Can aviva really refuse to deal with us? If they do whats the next logical step?

No they can't If they showed up as the insurer on that day, there is no way they can get out of it. Once this is over I hope the new insurance company get told of the story. They will no doubt void the policy as application fraud.

To me it sounds like the wife wasn't insured to drive the car and he is trying to cover it up.

 

[Mercenary Keyboard Warrior]

No they can't If they showed up as the insurer on that day, there is no way they can get out of it. Once this is over I hope the new insurance company get told of the story. They will no doubt void the policy as application fraud.

To me it sounds like the wife wasn't insured to drive the car and he is trying to cover it up.

Yeah my conclusion as well. I suspect shes a named driver now on the new policy

 

[Vanquish-Storm]

Freeway

Any idea who the underwriter is? Ive heard if it tends to be the same they drag it out.

Randomly if it's the Freeway I think it is their head office is around the corner from my head office.

 

[Gunner786]

Any idea who the underwriter is? Ive heard if it tends to be the same they drag it out.

Randomly if it's the Freeway I think it is their head office is around the corner from my head office.

Taxi insurers

 

[Vanquish-Storm]

Taxi insurers

Yeah

 

[Gunner786]

Good news guys. Aviva has agreed to pay out as rta insurers

 

[Rids]

Yeah, figured they'd be on the hook.

Good news

 

[Mercenary Keyboard Warrior]

Cool.

i think someone is going to find insurance expensive in future (not you the other party)

 

[Gunner786]

I need to claim loss of earnings now for 1 month but they are requesting just net profit loss figures.
I mean sure i wasnt working so we can deduct the fuel but i still had to pay insurance and other expenses so i dont know how that works.

 

[Rids]

Draft them a full set of your accounts and let them know you're claiming for the lost income, not just the reduction in profit.

If they offer just lost profit push back.

 

[wolfie138]

shouldn't the police be chasing up a fraud attempt, pervert the course of justice or whatever it's termed, due to that lie about having sold the car?

 

[sad099]

The may well do -but the Ins co wont share that info

 

[muon]

shouldn't the police be chasing up a fraud attempt, pervert the course of justice or whatever it's termed, due to that lie about having sold the car?

They haven't lied to the police or courts. So not sure what you are getting at.

This is a civil dispute.

 

[Pudney]

They haven't lied to the police or courts. So not sure what you are getting at.

This is a civil dispute.

Why would a person need to lie to the police or courts to commit fraud?

 

[muon]

Why would a person need to lie to the police or courts to commit fraud?

There is no crime here. They lied to a private company Aviva. They aren't lying to get money from Aviva.

Nor is any legal justice being perverted because they aren't speaking to anyone that can compel them to tell the truth.

 

[Pudney]

There is no crime here. They lied to a private company Aviva. They aren't lying to get money from Aviva.

Nor is any legal justice being perverted because they aren't speaking to anyone that can compel them to tell the truth.

1) the fact Aviva is a private company is completely irrelevant
2) fraud extends to causing loss to another
3) fraud extends to exposing another to the risk of loss.

Whether it's worth anyone trying to argue it is a completely different matter and it may well not be worth Aviva's time or effort to pursue.

 

[muon]

1) the fact Aviva is a private company is completely irrelevant
2) fraud extends to causing loss to another
3) fraud extends to exposing another to the risk of loss.

Whether it's worth anyone trying to argue it is a completely different matter and it may well not be worth Aviva's time or effort to pursue.

There is nothing to pursue here. This is a civil matter.

There is a contract between Aviva and the policyholder. They have breached that contract if it always asks you tell the truth when a claim occurs. There is no fraud.

Aviva can't do squat other than pursue damages, which fraud has nothing to do with. Fraud is 'unlawful' gain through deception. This is contractual at best with no gain, only damages. Damages Aviva would have to pay regardless of what the policyholder says.

You can't just randomly use terms like fraud or perverting the courts of justice, just because someone lied to you (a private citizen or company).

edit:

Realised it wasn't you that used those terms. Not sure why exactly you are defending that there is any claim of fraud or perverting the courts of justice here.

 

[wolfie138]

trying to avoid liability/payout etc by lying that you sold the car etc is trying to defraud.

 

[fezster]

1) the fact Aviva is a private company is completely irrelevant
2) fraud extends to causing loss to another
3) fraud extends to exposing another to the risk of loss.

Whether it's worth anyone trying to argue it is a completely different matter and it may well not be worth Aviva's time or effort to pursue.

I agree with Pudney here.

@muon your definition of what constitutes fraud is very narrow. Doesn't look like any insurance company agrees with you either (from a quick Google). Eg. LV:

https://www.lv.com/car-insurance/everything-you-need-to-know-about-insurance-fraud