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BigBoy22

Help with FALSE insurance claim

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Hi guys. My question is quite unusual I suppose. In march my mom was giving me a lift to uni. She turned into a narrow side road to drop me off and was intending to carry on going straight ahead. I recall a woman who also turned into the same road and when my mom stopped she was waiting behind. I went into uni and few hours later I received a call from my mom, who told me that the woman drove into the back of my mom's cars and now claims that my mom was reversing?!

 

Apparently when my mom slowed down she felt a bump. She got out of her car looked at it and said to the woman that nothing had happened as there was not even a single scratch on our car. The woman then said that her car was damaged and my mom was reversing which is a lie. Because my mom did not even have her mobile on her she returned home (we live about 5 mins drive from uni), took a camera and came back to the place where it happened. The woman's car was parked on a car park nearby(you have to use the 'side road' to access the car park) so my mom took some pictures of both cars. As I said before there was no damage to our car and the other car had some old scuffs cover in dust etc. It was obvious that the damage was not caused by the incident. She first claimed that she had a witness but the claim's got to court now and my mom's solicitor said there was no witness.

I study law and even if you consider basics, there has to be causation. There also has to be damage. I do not think that we will be able to prove that the damage was there before, even though both sides of her front bumper were scratched etc. But what happens with the presumption that the person who drives into the back of your other car is at fault? It would be absolutely pointless for my mom to reverse in that situation. She knows that road as she often drops me of at uni and uses it to avoid traffic lights.

What's the best to handle it guys?

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Fight it I say. Your mum had the foresight to take the photographic evidence, that must go for something.

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but the claim's got to court now

 

If it's in the hands of the court there is nothing you can do until the court gives it's verdict.

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I deal with and investigate a lot of false insurance claims unfortunately, and this is becoming an ever increasing problem.

 

First ands formost, your Mum has taken pictures of the vehicles which is good, but pictures of the location are also useful. You need to discredit the third party, so prepare a full account of the circumstances in as much detail as possible, even if it appears to be insignificant.

 

If proceedings have already been issued, then go and prepare to cross examine the third party in detail. If you already have a solicitor instructed, he should be on to this anyway, but there is a fair chance that if your solicitor is on the ball, he should be able to trip the other side up which the Judge will also pick up on.

 

That apart, there is not a lot you can do until it goes to trial, although I am surprised that this has not been flagged up by your Mums insurers as a potential fraudulent claim as they could have carried out their own investigation and probably nipped it in the bud before it got to this stage.

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However on balance, she is in a good position as this is simply a case of someone from behind running into the vehicle in front. a slam dunk (in effect). She simply states that she had no reason to attempt to reverse, and the other driver WOULD say that to mask the real cause of the accident. The other party would need to prove that an independent witness spotted you mum reversing - which would be highly unlikely. She needs to make sure her insurers represent her.

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