Accident- 3rd party trying to get out if it

[muon]

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

Claims fraud and misrepresentation is very different from what is being discussed. The first one is about gaining financially by lying about injuries and what not. Misrepresentation is explicitly tackled in law and so there is a legal basis for it (Consumer Insurance Act).

If the wife wasn't a named driver then the latter would come into play. But that is yet to be established.

At best what we are talking about here is tort of deceit. Which is basically an area no one will ever prove anything and is often tied to a performance of a contract. Don't even see where Aviva incurred any damages it wouldnt have anyway. This is also a civil matter only.

 

[fezster]

Claims fraud and misrepresentation is very different from what is being discussed. The first one is about gaining financially by lying about injuries and what not. Misrepresentation is explicitly tackled in law and so there is a legal basis for it (Consumer Insurance Act).

If the wife wasn't a named driver then the latter would come into play. But that is yet to be established.

At best what we are talking about here is tort of deceit. Which is basically an area no one will ever prove anything and is often tied to a performance of a contract. Don't even see where Aviva incurred any damages it wouldnt have anyway. This is also a civil matter only.

I think it's even simpler than that. The premise was - the lady was not a named driver and so it is alleged the main driver lied about who is driving. This would be "fraudulent" by the dictionary definition of the word. The legal definition is harder to determine, I agree.

However, you also said this was a civil matter. I disagree. I think there's a high likelihood of criminality.

https://www.cps.gov.uk/legal-guidance/fraud-act-2006

The Offences
Section 1 creates a general offence of fraud and introduces three ways of committing it set out in Sections 2, 3 and 4.

• Fraud by false representation (Section 2);
• Fraud by failure to disclose information when there is a legal duty to do so (Section 3); and
• Fraud by abuse of position (Section 4).

In each case:

• the defendant's conduct must be dishonest;
• his/her intention must be to make a gain; or cause a loss or the risk of a loss to another.
• No gain or loss needs actually to have been made.
• The maximum sentence is 10 years' imprisonment.

 

[muon]

I think it's even simpler than that. The premise was - the lady was not a named driver and so it is alleged the main driver lied about who is driving. This would be "fraudulent" by the dictionary definition of the word. The legal definition is harder to determine, I agree.

However, you also said this was a civil matter. I disagree. I think there's a high likelihood of criminality.

Not for lying about the car being sold.

Policyholders often lie about what happens during a claim to try and make it look like they are innocent. It isn't fraud.

I never claimed that the wife not being on the policy isn't something Aviva could pursue. However, we have not established anything like that yet.

 

[Gunner786]

Hi guys

Another update.
I put in a loss of earnings claim but the third party insurer want a repair invoice. I repaired the car by buying 2nd hand parts and also from a local bodywork shop. Can this mess up my loss of earnings i dont see how they can ask for this as i got paid out for the car so how i repair it is my choice now i dont have an invoice.

 

[Liquidfox]

Send the TP insurers request to your insurer and have them deal with it. They'll likely say what you're already saying, how you spend the money you've been paid out has nothing to do with them. You could have blown it all on a holiday if you wanted.

 

[Gunner786]

Send the TP insurers request to your insurer and have them deal with it. They'll likely say what you're already saying, how you spend the money you've been paid out has nothing to do with them. You could have blown it all on a holiday if you wanted.

Using my insurance solicitors to do the loss of earnings claim on my behalf

 

[Liquidfox]

Same principle applies, tell them that one has nothing to do with the other.

 

[Gunner786]

I think its to do with the dates im claiming for. Probably checking when i repaired it. I also sent them letters from the council revoking and then giving my plates back.