O/T - asking for advice my learned friends.....

Back in Feb 2017 my son had a minor collision with a learner driver (with an instructor) who stopped dead in front of him. The collision was minor, both parties stopped and the instructor actually apologised to my son (nevertheless I know and so does he that he should have been able to stop) for stopping so suddenly. An inspection of both vehicles confirmed that there was no damage to either and so they agreed to forget about it and take no further action.

In August last year a claims management company wrote to my son indicating that they were pursuing a claim for the cost of damage repairs in said incident. At the time I did some online research and found several articles comments suggesting that the company involved adopted some sharp practices. At the time we decided to ignore their request for more information.

He has now received further correspondence detailing the claim and billing him for £600+ for the repairs. There are several factors I find interesting in the correspondence and photographs they have provided (and other research I've done) and bear in mind the date of the incident in Feb 2017:
- the claim appears to have been initiated in December 2017;
- at the time of the accident the car was liveried up to reflect the driving school but at the time photographs of the supposed damage (to the bumper) in December it's no longer liveried.
- Given the time between the incident and the claim being initiated and the fact they agreed there was no damage, I'm speculating that the damage may have occurred in a separate incident? Or perhaps even maybe when the livery was removed. Btw, the damage is listed as (and photographs confirm) 'small scratches and splits in bumper'
- The repairs were undertaken in January 2018.
- ownership of the vehicle changed in March 2018 (although I think this is probably irrelevant)

I'm not inclined to just pay the bill given the circumstances and am now considering what next. Ignoring it doesn't seem a sensible option now but what should the next step be? Just refer it to his insurers at the time? Or something else?

Has anyone had a similar experience? Thanks in advance....

 

Check and see if the insurer is FCA regulated....if so contact the Insurance Ombudsman for further advice.

 

I’m no expert but I’d refer it to his insurers with the very strictest instruction of no admission of liability .

 

Inform your insurers immediately. Tell them your reservations that you think it could be a fraudulent claim. That's why you pay your insurance .

 

Yep, this 100%. It's within their interests to defend the claim, as ultimately it's them who'll be paying.

 

It was a mistake to ignore the first lot of correspondence. Did your son swap details with the instructor?

 

Clear indication to your insurers that no liability is accepted so far as you are concerned is the right way to go, I think. But I wonder if the insurers will even contest it for that amount?

 

Bear in mind that you should report every accident to your insurers, whether there's a financial loss or not.

 

Liability isnt in question. Your son rear ended someone. So regardless of tje other party being a learner he will be deemed '100% at fault'

They are pursuing for damages so theyve 6 years from the accident date to make an attempt of a claim so well within limitations.

Should you contact your insurers theyll pay out and not even quibble it.

 

And depending how big your sons plums are... Id continue to ignore.

Its a spurrious claim. Its aimed at ripping fees from your insurers.

 

I started working life many years ago, (pre computer age) and went to work for one of the largest UK insurance companies at that time (GAFLAC) and wasinitially 'trained up' in the motor insurance department. In those days all risks were individually assessed (I even held face to face interviews with drivers with Drink driving or DWDCA convictions) . Renewal premiums and NC bonuses in particular were not affected by no blame accidents. i.e. the much misunderstood 'knock for knock' agreements meant the insurers mutually agreed where the blame lay, often paid their own insured's repairs but only the insured who was at fault lost the NCB or had an increased premium at renewal.
Nowadays, computers are inflexible and underwriting is no longer based on accurate risk. As examples:
My daughter was T-boned by a driver running a red light (witnessed by an off duty policeman) and was totally blameless. Nevertheless, her premium was affected at renewal.
When she had just passed her test at 18 years of age and bought a runabout - TPFT cover only,I wanted to be added as an additional driver solely for emergencies. In spite of being a very experienced driver (and an ex D.oT. driving instructor and driven all over Europe including up to 7.5 ton GVW vehicles) they wanted to load the premium by £120 due to "an increased" risk. Adding my wife,however, a far less experienced driver with a couple of blame accidents on her record, actually reduced the premium by £40!! The reason given, was that the computer showed I was a man and therefore a higher risk than my wife! Whilst true, statistically women overall are a lower risk, everything is now done on averages using computer algorithms rather than taking individual circumstances into account. Motor insurance is pretty much a scam nowadays as individual premiums do not accurately reflect the actual risk as there is little scope for manual intervention by 'advisors' in insurance Contact Centres .

 

And depending on the policy T&Cs of the insurance AT THE TIME of the accident they might not even cover him as they tend to have exceptions as to how long after the event they have to be notified.

 

@Tekkytyke while I share your frustration, the issues you describe are not inherent problems in the use of "algorithms", just indicative that the algorithms being applied are too simplistic. I can't see any reason why the blame in the first case and your experience in the second couldn't be factors in the premium calculation, although the latter may require more information gathering. It's not the computers that are being inflexible at this level, it's the programming.

 

My mates going through a similar thing at this moment. Two guys cut in front of my mate who flashes them for the dangerous move, no response came from their vehicle. Two miles down the road both cars pull up at a roundabout. The way is clear so the first car sets off and my mate sets off to follow at which point the first car slams on the brakes, Bang my mates back ends him. Two guys get out of the first car and my gets out of his. Both partys agree there are no injuries, my mate accepts responsibility and they exchange insurance details. A week later the guy contacts my mates insurers complaining of neck and back injuries. After speaking to my mate he sends the insurance company his dash cam footage. After watching it the insurance company have said its a SCAM. Turns out the phone number is unobtainable, the guys address is in one city. the car is registered in another.....all dodgy. Got cracking pictures of them both on dash cam so now being sought for fraudulent claim. Theres a lot to be said for having a dash cam

 

Agree with this. I have one front and back now and when my wife changed her car recently I insisted she get one fitted. It's about time it became common practise for new cars to have them on the standard features list.

 

Three things.

Claims management companies are regulated by the Financial conduct authority. google for their website. Check with them first.

If you notify your insurance company then it will appear as a claim/incident on your record for no claims regardless of what happens.

Most important thing, someone previously mentioned a six year limitation for proceedings. That relates to contract law and has nothing to do with this. The Uk limitation for negligence which is what they are trying to claim for is three years and their time is virtually up. You dont say what date in february but if they have not commenced court proceedings on the third anniversary they are snookered even if your son was at fault and there is damage. Go and see a solicitor to confirm this if you wish.
personally I would not engage until after the third anniversary and then write a letter stating you will not pay. If they persist in writing after that then point out they are out of time to claim and further letters will result in you reporting them to the FCA for harrasing you

 

Damages is six years. Personal injury is three years.

 

`11`

 

Indeed, be careful about telling the insurance company now, I had a similar incident but agreed to pay the lady any repairs, came to about £500 - new bumper and crash bar, all done very amicably.

 

I'd definitely check the claims company out before you inform your insurers,especially as you didn't at the time the way they work these days they will log you being in an accident even if the matter goes no further and could lead to higher premium on renewal, that's not fair but has happened.