Should the BF's own insurance that allowed him to drive other cars not be the one to cover the bill
Help needed - injury claim against car insurance
- Thread starter Charlottesp
- Start date
Soldato
Install call recording app, I use Total Recall on Android: https://play.google.com/store/apps/details?id=com.killermobile.totalrecall
(I don't know what a comparable app is for ios - others may).
Make sure app is set to record both sides of the call (test it first) and set the options to silent (no beeps or "Recording started" announcements)
Call the scumbags and plead with them to drop the case - tell them the impact it will have on future premiums/job prospects, etc - anything to prompt them to say how much more in need of easy cash they are, than you.
Explain that you're concerned that coaching their son to embellish his "injuries" would set him down the wrong path, etc, etc
You don't need to tell them you're recording (at all) - there's no GDPR/Privacy worries for a private phone call (only businesses have a Legal obligation to inform you they're recording).
Once they've admitted clearly they're committed to the fraud, tell them "Well, if that's your choice, there's not a lot I can do about it" and end the call.
DON'T tell them you've got the conversation recorded, don't tell them anything at all.
Save the recording with Time/Date/Scumbags Name and email it to yourself so you've got a record of it.
Then hand it over to your insurance company, with explicit instructions that if they settle anyway (because its potentially cheaper than fighting the claim) you'll inform the FSA and ombudsman.
It's what I'd do, in your position.
(I don't know what a comparable app is for ios - others may).
Make sure app is set to record both sides of the call (test it first) and set the options to silent (no beeps or "Recording started" announcements)
Call the scumbags and plead with them to drop the case - tell them the impact it will have on future premiums/job prospects, etc - anything to prompt them to say how much more in need of easy cash they are, than you.
Explain that you're concerned that coaching their son to embellish his "injuries" would set him down the wrong path, etc, etc
You don't need to tell them you're recording (at all) - there's no GDPR/Privacy worries for a private phone call (only businesses have a Legal obligation to inform you they're recording).
Once they've admitted clearly they're committed to the fraud, tell them "Well, if that's your choice, there's not a lot I can do about it" and end the call.
DON'T tell them you've got the conversation recorded, don't tell them anything at all.
Save the recording with Time/Date/Scumbags Name and email it to yourself so you've got a record of it.
Then hand it over to your insurance company, with explicit instructions that if they settle anyway (because its potentially cheaper than fighting the claim) you'll inform the FSA and ombudsman.
It's what I'd do, in your position.
Man of Honour
My boss is a Lawyer and when I told him about this case he just laughed.
Soldato
While this is correct...
...by sending it to the insurance company, that recorded phone call is now no longer for private use, and so you would need consent.
OP states that he was added to the insurance for the car - my assumption would be that the cousin doesn't have his own car, hence why he borrowed theirs
Soldato
I understand the third party rule - but I'd argue a Public Interest reason for disclosure.
Technically, a transcript of the call could be given to the insurance company, with the actual recording reserved for court if needed.
Rules have changed since I was working for a large marine insurer (£10M+ risks), but we did something similar when fighting a huge "boat accidentally caught on fire" claim, where the owner had inflated the value of the vessel by 40%.
Civil Procedure rules frowned upon the method, but ultimately allowed the evidence as a) it undeniably proved our case and B) it was certainly in the public interest to prevent a £22M fraud.
Caporegime
Love you guys continuing yo argue even though the OP is nowhere to be seen!
Man of Honour
I'm finding the thread informative, I don't care about the OP.
Associate
Article 75 doesn't exist anymore and hasn't for nearly 2 years, they do however have liability under the road traffic act. It also referred to an insurer being able to avoid any liability if they could demonstrate via a court order that they would have never sold a policy if a policy had not been misrepresented.
OP if the cousin was covered under your policy then yes it will be a claim on your policy. Even though the claim has started AFTER the policy has ended, as long as the p[olicy was valid at the time of the accident then your insurance will cover it.
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Man of Honour
I still don't see how he can claim against the op's insurance that he was covered by when he caused the accident himself. That's like me wrapping my car around a tree and claiming against myself. None of this makes any sense to me.
Man of Honour
Interesting and the OP (fake or not) did say that the Cousin was added to the Policy.
dont quite understand? if you are insured and you write your car off because you hit a tree ,would you not expect to get paid for the car? thats what insurance is for surely, if you are also injured in the accident the insurance would have to pay for that as well.
father in law when alive wrote his first focus off when pulling out of a junction, (hit by a car which in fairness did come around a sharp bend but still his fault) mother in law sustained injuries and his insurance covered it.
on the other hand i had a so called friend a quite a while ago want to do some work on his car, (he ran his own business doing repairs) he used my ramp and although being warned proceeded to exit the vehicle and jump down from the car whilst up in the air. oh done it many times he said....i warned him about it but he still tried it and ended up breaking his arm. he then proceeded to ask if i could claim on my business insurance because his had lapsed... i said no and he started sending solicitors letters, when asked about it he said he wanted to make a large compo claim because he needed holiday money. i refused because i knew it was dishonest and in the end he gave up but it cost me about 300 pounds in my own solicitors.
yes i could have passed it to my insurance but they would most likely have just paid out and that would not have sat right with me.
Man of Honour
@gc123 If I wrapped my car around a tree due to my own fault then no I wouldn't expect my insurance to pay out as it was simply down to me be it a mistake or doing something silly. It wouldn't even occur to me to claim on my insurance for something like that. I guess I have too much morality for todays world.
This scumbag (if any of this is true) originally fled the scene and claimed the car was stolen. Now he is supposedly coaching his kid to lie for a fraudulent claim. The whole thing stinks!
This scumbag (if any of this is true) originally fled the scene and claimed the car was stolen. Now he is supposedly coaching his kid to lie for a fraudulent claim. The whole thing stinks!
i agree but i do wonder why you would pay for insurance and not use it? i applaud your morality but think if it was a 50k audi you smashed up you might decide differently.
unless you insure 3rd party? but each to there own, as far as the actual child and the claim i agree its fraud. however i think they may have to do more than coach the kid from what i understand you have to have hospital and doctors records and if the insurance feel there is a problem they will refer you to a specialist to be checked, indeed they may do this anyway just to confirm that there are no future claims.
my daughter was involved in a pedestrian to vehicle accident and had to go through major hoops including travelling some 50 odd miles to the local city to be assesed at a private clinic for the car drivers insurance and then wait 6 months to make sure no other damage had been done or appeared and that was for a small claim with obvious scarring in fact she even said herself it seemed not worth the hassle but the insurance insisted .(damage to leg and hand) presumably to stop any future claims.