gave wrong information on phone on insurance claim

abitdim

hi

i'm not new but i created a new username cos i am so embarrassed about this situation.

please read carefully as it sounds a bit dodgy, bit i am in no way trying to be, in fact i'm trying to put things right!

my a bit dim boyfriend, foolishly took out a phone contract in his name, from his bank account etc, but for someone else to use the phone.

the person he took it out for would not pass the credit check for the contract and he felt sorry for this person.

he took out insurance with the phone that insured it against loss.

the person then lost the phone.

he rang up the insurance to report it lost, and for reason known only to him, decided instead of telling the truth about what happened, he told them HE had the phone at the time, and told them the place and time it had happened as if it was him that had it and lost it. he was not even with the person when they lost it.

he thought he might not be able to claim if he admitted he was not using the phone, it had been in the possession of the friend the whole time for several months since the contract started.

he has now got the form to complete the claim, and it clearly asks;

"who was responsible for the phone at the time of the loss" and

"who normally had use of the phone".

Now, it is quite clear he is NOT going to lie on this form, we totally understand it would be fraud to put any false information on the form

so, the question is, has he already blown it by telling lies on the initial phone call?

is the details he gave on the phone legally binding?

is there any way he can now tell the truth, and admit he told them wrong when he first called?

i know this sounds dodgy, but he wants to correct the mistake and make a genuine claim

we do understand the terms of the insurance might not cover it anyway as he had given the phone to someone else, but he would like to make a correct claim, and if that is refused fair enough, but is it too late as he already gave them wrong information?

thanks so much for any helpful advice

i understand he was crazy to take this risk in the first place, but he is now faced with another year and half of payments for a phone that no longer exists, just because of trying to be kind but actually being a bit stupid.

thanks

forgotmyname

Close the claim saying the phones been found. Or a family member had it/ taken it.

He has commited fraud already. I cannot see them paying out for this at all.

Insured in his name but he doesn't/didn't have possession of the phone at the time or at any time.

The person that lost it needs to keep paying for the contract, Or take them to small claims.

I expect they will take a dim view of any change in the story.

nonnatus

Hmm, I slightly disagree. The phone HAS been lost hasn't it? You're not trying to get a new phone for nothing, just trying to replace a lost one. Your boyfriend paid for the phone and presumably pays for the insurance in his name, from his bank account.
I therefore see no problem in him claiming he lost it? It will be HIM that has to pay higher insurance in the future because of a claim against his name!
I just don't see it's important WHO lost it, as long as it's genuinely lost. I have 2 extra phones in my name, one for each of my kids and if either of them lost or damaged it I wouldn't hesitate to make a claim saying it was my fault.

I believe fraud is tring to get something for nothing from the insurance, eg deliberately damaging or losing the goods to get a pay out.

Catherine_Johnson_2

I don't see how the insurance company are ever going to know any different to what you/he tells them. The phone was lost, not stolen, so the police aren't involved. How are they going to prove, or even suspect, that someone else had the phone?

abitdim

yes, the phone IS genuinely lost, he is not trying to get something for nothing or an extra phone or anything.

i have since checked the policy and loss is only covered if it is in the possession of the insured person at the time, so it is no good admitting the phone call was wrong and changing his story, the claim wouldn't be allowed.

but the form specifically asks them questions mentioned in my original post and has the usual blurb in front of the signature box about the form all being true and correct and giving wrong information is fraud which could be reported to police etc etc

if he sticks to the story it was him that lost it, how much are they likely to check / ask further questions i wonder?

i understand it's not actual fraud unless there is financial gain involved, but it just does not feel right to give wrong info

also, the policy requires a loss to be reported to the police and a reference number obtained. that sounds odd to me, as there is no crime involved, we do not have any reason to think it is stolen, only lost, but the policy does state a police reference number is required.

the person who had (and lost) the phone, is as stupid as he is, and now says why should she pay for the phone that she does not have..

ggrrrrr

Annisele

I'm with forgotmyname - I think the best think for your boyfriend to do is close the claim.

He's already lied to the insurance company on the phone. If he lies on the form, he'll just be compounding his error. I accept that the insurance company might not find out, but if it does the consequences are not worth it.

In addition, there's a good chance that he lied to the insurance company when he took the insurance out - as they'll probably have wanted to know who would actually be using the phone. The insurance company might have been happy to insure your boyfriend, but not his poor-credit-rating-phone-losing friend. Your boyfriend doesn't want to have any kind of insurance voided for non-disclosure.

I think that, despite the genuine loss of the phone, if your boyfriend lies it will be fraud. In effect, he'd be saying "I think that if I tell the truth I won't get any money, so I'll lie in order to get paid".

abitdim

thanks all for advice and opinions, it is very much appreciated.

next question.... if he closes the claim - how will he explain he still wants the phone blocked??? otherwise, if someone found it, they can merrily use it on a free contract?

what a mess

birkee

Wow, how to dig holes and fill them.
Your boyfriend does a favour, and now he's out of pocket and/or guilty of fraud.
It's quite simple.

1. The person who had the phone needs to replace it from his own pocket.
2. It was a waste of time insuring it in the circumstances. (The FRIEND(?) could have insured it himself.)

dacouch

abitdim wrote: »

yes, the phone IS genuinely lost, he is not trying to get something for nothing or an extra phone or anything.

i have since checked the policy and loss is only covered if it is in the possession of the insured person at the time, so it is no good admitting the phone call was wrong and changing his story, the claim wouldn't be allowed.

but the form specifically asks them questions mentioned in my original post and has the usual blurb in front of the signature box about the form all being true and correct and giving wrong information is fraud which could be reported to police etc etc

if he sticks to the story it was him that lost it, how much are they likely to check / ask further questions i wonder?

i understand it's not actual fraud unless there is financial gain involved, but it just does not feel right to give wrong info

also, the policy requires a loss to be reported to the police and a reference number obtained. that sounds odd to me, as there is no crime involved, we do not have any reason to think it is stolen, only lost, but the policy does state a police reference number is required.

the person who had (and lost) the phone, is as stupid as he is, and now says why should she pay for the phone that she does not have..

ggrrrrr

Unfortunately it is fraud as the Insurance company would end up paying for a phone they would not have had to due to the wording of their policy eg it has to be lost by the Insured party.

You may also find the Insurers perform an interview that is designed to catch out liars

Quentin

abitdim wrote: »

thanks all for advice and opinions, it is very much appreciated.

next question.... if he closes the claim - how will he explain he still wants the phone blocked??? otherwise, if someone found it, they can merrily use it on a free contract?

what a mess

Get the phone blocked now by the network. Quite separate from the insurer!

Give up on the claim now, and train your sights on the person who has lost it to pay the costs involved. (Having misleading/defrauding an insurer to try and make a claim on your record will have long term consequences for any future insurance cover he might want)