Hi,
Am absolutely furious but not getting much support from insurance company.

Basically, our son used our car occasionally and had his own insurance to do so. One day, the car in front slammed brakes on (for no reason) and this caused our lad to slam on also. He says he didn’t contact the car in front and I tend to believe him, but the other party disputes this. What is beyond dispute is there was no damage to either car (and have photos taken at the scene). The other party claims that our number plate was cracked in the ‘crash’ but this had been done over a year before and you can clearly see it has discoloured with age in the cracked part.

There literally wasn’t even a scratch on either car

Most annoying thing, is that the other party is claiming whiplash (seriously!) and even though their hospital visit found no injury, they have commissioned a private medical report which states significant pain and mental distress. Apparently this isn’t their first time bringing such a claim!

My lad’s insurance company first agreed to fight the whole claim in court but now are wavering. I think this may be a purely financially driven decision, based on that they can settle the claim for a fixed amazing amount and avoid court.

My issue is that this will look really bad on my lad’s driving record and his insurance will rocket for the next several years.

Doesn’t this factor-in to the insurance company’s decision to fight/not fight?

It seems that my lad’s interests are being ignored and the insurance company is not doing the right thing, because it might not be economical to do so... do they not have some obligations to fight this?

Cheers for any advice.

This sounds like attempted fraud, so you and your son might like to go to the police and see if they can help. Perhaps an interview with the police might help the claimants in their recovery.

Re the insurance, it will be a case of reading the detail of the terms of the policy, and whether the insured gives control of any claim and any defence to the insurer, to the exclusion of the insured. Insurers probably don't have any duty to consider wider issues affecting the insured's record, future costs etc. The insured will need to disclose that a claim has been made to other insurers.

Good luck. Only Range Rovers since 1988

Cheers.

Think the other party has gone so far down this route (and not for the first time!) that they’re unlikely to back out now... and why should they. Seems it’s lucrative and not too difficult to be successful at.

Our lad hasn’t helped much as he’s far too accepting of when insurance company says ‘don’t worry...we’ve got it all in hand.’

I’m more suspicious by nature and tend to ask for more info and question things I’m not fully comfortable with.

I’ll take a read of the policy - just doesn’t seem right that someone could bring a likely fraudulent claim and it doesn’t get defended because dit’s pitched at the sweet-spot level. Surely insurance companies just store up future problems by settling these?

You said that apparently this isn’t their first time bringing such a claim. If you have evidence of this (especially if it includes several claims), it could be a lever to use with the insurance company and, possibly the police. John
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This won't help your current situation but get a dashcam fitted as soon as you can.

Mine saved my insurance NCD, a potential prosecution for driving without due care and sent 4 scumbags to jail for between 2 and 4 years.

Worth its weight in gold.

Dunc. The life you have is the only one you'll get; make the most of it.
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Bumpers are amazing things. Check my 2019 posts to see a crushed Merc Sprinter van vs my relatively unscathed Range Rover.

The cracked number plate is being pushed as evidence there was damage. It was cracked more than a year before. So ther must be photos of the vehicle either specific photos or where the vehicle was caught up unintentionally in some photo shoot?

I would not trust my son as far as I could throw him. He is 5. I could probably throw him 12m and I will do the next time he asks me to spend £4.99 on coins & gems for Crazy Cooking 2.0

We all have our cross to bear. This is yours. Bear it. And don’t listen to the armchair lawyer bullshit. L405 P400e Autobiography (MY2020)... Silicon Silver / Espresso

I do trust him.. he said he’s pretty sure he didn’t hit it.
This alone wouldn’t be enough but the lack of damage is also a factor. If someone has whiplash then I cannot believe there would be zero damage. I have pores through all my photos and unfortunately don’t have any pics of our car, unintentional or otherwise.

Regarding the crack in the number plate... it doesn’t help me with the claim, but I know for a fact it was broken prior, because I remember the day it was done (parked, unattended, a week after we bought it) so that, at least in my mind, supports the no contact/extremely light contact theory.

Apparently they even have post traumatic stress and are scared to drive near to the location of the ‘accident.’

Sounds like absolute BS.

Had almost the same, at least your insurance notified you of the claim. Mine didn’t. SWMBO ran into a network rail van small amount of damage but a £5k claim for whiplash.

I would speak to the police although I would doubt that will make any difference, Inwouod get some legal advice. did you pay for the motor legal protection with your insurance? Chances are you will have some form of representation available if you did. In which case they may be able to fight your corner and insist it goes to court, at which point there maybe some more rational application of common sense. There is nothing that can't be fixed with a hammer😜😜
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This has a staged accident written all over it. Your insurer should be able to check for any previous claims history on the car & driver. Police should investigate. Report of the other vehicles alleged damage & photos will help.

Given the airbag did not go off, could you somehow argue that their claim is false or inflated? (Excuse the pun)

This whole whiplash thing is a total joke, driving up our insurance premiums. Very annoying. L405 P400e Autobiography (MY2020)... Silicon Silver / Espresso

No help to you, but my guess is you'll end up having to suck this up. In 2015 I was hit by a Parcel Force van. It was a single track country lane and we were going in opposite directions. I stopped. He didn't. At the scene the other driver was very concerned about me and my wife - profusely apologised and said he'd sort everything out. By time he got back to work his story had changed. His report was that neither of us could stop and it was a 50/50 accident. No witnesses and although there were two of us, it doesn't count as the two of us in our car were married. Insurance company said its his word against ours and simply not worth fighting in court as the outcome would be 50/50. The Parcel Force driver also claimed and obtained a payout for whiplash despite it being a minor frontal impact and clearly no injuries. And for many months afterwards I was repeatedly telephoned to be told that money had already been set aside to compensate me for the injuries we received, we just had to claim. There were no injuries so of course we didn't, but I can see why people do, not just for the easy money but to stop the endless phone harassments to do so. All of which clearly adds to insurance costs and therefore premiums.

As mentioned above it was my trigger to buy dashcams - as usual after the horse has bolted! Your case is perhaps more blatant fraud, but the onus will be on you to prove it and you simply wont be able to to the necessary legal standards. Mike - MPx

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I seem to remember a couple of years back that the government said they would be clamping down hard on fake whiplash claims as it was mainly fraud and costing millions.

This very much sounds like a scam so definitely get yourself some legal advice. Even if your motor policy doesn't include legal cover, some householder policies do. Even if you don't have legal cover it would be worth going to a lawyer. It might cost you a couple of £100 but at least you will know what your options might be. You might even find that a suitably worded letter to them from your lawyer will make them see you're not the easy victim they thought.

Under the terms of your policy your insurer usually has an absolute right to deal with and settle claims and even issue court proceedings in your name (can't remember the exact legal term) but they should not be settling the claim just because it's easier and more economic for them, especially if you make it clear that you believe it's a fraudulant claim.

And if you're unhappy with the way your insurer is dealing with the claim make a complaint and escalate to the insurance ombudsman if they don't see sense.

Unfortunately, this sort of thing is never a pleasant experience.

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