False Car Accident Claims! Help!

[lola84]

Hi,

 

My brother recently had a bit of an accident - driving about 5mph down a road he nudged a stationary (and empty) car while doing a reverse park. The owner saw it happen from the newspaper shop he was in and came out to exchange details.

 

The owner then drove to the police station and reported it as a hit and run!! The police investigated but eventually told the guy where to go as my brother had obviously stopped or how had he got insurance details.

 

The guy is now claiming for extensive car damage (the garage says this is about 10x more than the damage on my brothers car so couldn't possibly have been caused by the accident) and WHIPLASH!!!

 

How does my brother go about defending both of these claims to his insurance company? And can he ask the police officers who investigated to give him a statement (as the owner told them he was in the newsagents while he was spinning his hit and run story)?

 

Any help would be great!!

 

Thanks

 

L

[natalie]

He doesnt need to do anything other than tell his insurance company the truth. They will defend the claim, thats what he pays insurance for.

 

I would write to the insurance telling them exactly what happened, giving the details of the police who investigated. This guy may well find himself with a fraud charge, but tell your brother not to worry, its not his responsibility to defend the claim.

[INSURANCEGUY]

Hi Lola,

 

just to add to Natalie's comments, although it is not his responsibility to defend a claim, he would be needed if the case progressed to court, as he may have to give evidence, however again the insurer would sort this and would arrange representation.

 

Strangely enough, I dealt with a very similar claim today!

[cirian75]

The damage, or near complete lack of it to your brothers car needs to be accuratly recorded and photographed, passed to his insurence company reasonably quickly.

 

This will help in trashing the scamers claim, and get an earlier conclusion.

[lola84]

Hi Lola,

 

just to add to Natalie's comments, although it is not his responsibility to defend a claim, he would be needed if the case progressed to court, as he may have to give evidence, however again the insurer would sort this and would arrange representation.

 

Strangely enough, I dealt with a very similar claim today!

 

Your in the right location according to your side bar thing!!

[mattaius]

I wouldn't worry about it too much, especially seeing as you have an independent business owner who will confirm your story.

[Tom87]

I'm surprised how much blind faith the above posters have in the insurance industry. Insurers will do anything to keep their money and aren't really that bothered about defending their customers. You can see this clearly enough in the thousands of threads posted on here about trouble with insurance companies, especially car insurance. Their priority is an outcome that will leave them with the most money, end of. This is why you so often get two car insurers agreeing for a 50/50 settlement even when it is obvious that it is 100% one driver's fault, and why insurers can take years to make a payment on a clear-cut case, as they hope the parties will just forget about it and they can keep their money.

 

That said, it seems like it should be proven fairly easily that the 3rd party is lying. If necessary, you can always ask the garage owner to make a statement confirming the amount of damage (of lack thereof), that will help your case. You will most likely have to do that yourself, the insurer will not take the time and effort to investigate that.

[natalie]

I'm surprised how much blind faith the above posters have in the insurance industry. Insurers will do anything to keep their money

.

 

Your second line explains my faith in the insurance industry's reaction to this case.

 

The OP's brother has already admitted liability to causing the accident, so he has nothing to lose. Its the Insurance company that will lose money if they let this shyster get away with it.

[lola84]

I'm surprised how much blind faith the above posters have in the insurance industry. Insurers will do anything to keep their money and aren't really that bothered about defending their customers. You can see this clearly enough in the thousands of threads posted on here about trouble with insurance companies, especially car insurance. Their priority is an outcome that will leave them with the most money, end of. This is why you so often get two car insurers agreeing for a 50/50 settlement even when it is obvious that it is 100% one driver's fault, and why insurers can take years to make a payment on a clear-cut case, as they hope the parties will just forget about it and they can keep their money.

 

That said, it seems like it should be proven fairly easily that the 3rd party is lying. If necessary, you can always ask the garage owner to make a statement confirming the amount of damage (of lack thereof), that will help your case. You will most likely have to do that yourself, the insurer will not take the time and effort to investigate that.

 

Well my brother's insurance company has called him today and said the con-artist is claiming £10,000 in car damage and whiplash (from a reverse parking bump where he wasn't in the vehicle )

 

They said the guy is willing to go to court and has a witness who will stand up for him (his next door neighbour) who will claim he was in the car at the time and that neighbour saw it happen and that it was a hit and run.

 

The insurance company have told my brother that if it goes to court brother will lose as "[problematic] always win" so it's better to just give in and pay up. Brother is very upset!!

 

The police have said they will give a statement that the man was in the shop and the garage have agreed to give a statement that that amount of damage is impossible compared to that on brother's car. The insurance company said that the con artists "witness" would stand for more than brother's two statements in court and that it's better to give up now.

[honeybee13]

Hi Lola. It's not my field, but I'm surprised that the insurance company won't believe the police and the garage.

 

Hopefully, an expert will be along soon.

 

Good luck.

[2ltr16valve]

Does your brother have legal protection cover ? USE it, my brother had a very similar thing and he used his insurance legal cover against his insurers lol ! they soon backed down.

A police officers statement will be worth 10 of his witnesses.... ! Demand it go to court.

[cirian75]

a Police officers statment trumps eveything bar CCTV footage.

[Tom87]

A stretch maybe, but worth trying before dismissing the possiblilty - any chance of CCTV in the newspaper shop that could have caught either the accident itself (with the other guy in the shop), or the other guy rushing out of the shop in reaction to his car being hit?

 

Also could there be some witnesses in the newspaper shop to prove that the guy was in the shop at the time, and therefore not in his car?

 

I think the garage guy should be the best bet - he is not just an independent witness but an expert witness in assessing the damage that your brother's car actually caused. I think he ought to have a decent chance in court if he has the patience and determination.

[Leakie]

Hi All

A few years ago I was involved in a road rage accident,

The Driver over took me then slammed his brakes on infount of me,

I went into the back of him, Minimal damage to his car, major to my Van,

He tried to claim £7000 for the damage and other costs,

My insurance company were just going to pay up,

I insisted this was wrong, and was prepared to fight it,

1 year later it went to court, my Barrister, did not rate, my chances,

he said 60-40% against,

In the end I won the case, because the Judge belive Me,

and my Barrister showed he was lying,

It cost Mr road rage approximately £13000, after my repairs my barristers costs and his own alleged costs.

(he had droped the claim with his insurance company, and went with a no win no fee company.)

What I am trying to say is, if you feel strongly enough about it, the Judge will see that and will probaly see through the other guy, He will be cocky you won't be, because you are fighting your corner,

If you feel strongly enough about it it is worth fighting for

 

All the best

 

Leakie

[kwaks]

This isn't right, speak to the police again seeing as they know that he was not in the vehicle at the time I am sure a conviction for fraud will weaken his case

[sailor sam]

Hi,

 

It seems to me that post #7 (Tom87) has proven quite accurate having read what the insurers are suggesting in post #9.

 

Clearly the tp is attempting to make a fraudulant claim (according to the OP's version of events). I would agree with the suggestions from Tom87 about visiting the newspaper shop to see if anyone there recalls what happened and to see if there is any CCTV footage. Also I would have a word with the police officer concerned and see what they think of this.

 

If the story here has been told as it happened, I cannot imagine the TP wanting it to go to court as it would be a very risky avenue for him.

[ferretkeeper]

Only just seen this so a bit late and I'm no expert.

The tp's case could be damaged by the fact he has already lied about the hit and run as proved by the police. Having already proved that your brother has not committed an offence by leaving the scene of an accident then he has little to gain whichever version of events is true so why would he lie. The tp however clearly stands to gain financially. In the case of a crime always look for who has motive.