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What's the best way to deal with a dodgy claim?
ChumpusRex
Posts: 352 Forumite
A friend of mine had a small bump in his car about 3 years ago. He was manoeuvring in a car park, and while reversing into a parking space nudged the car behind just after it had pulled into its parking space.
There was no visible damage to either car, but the other car did have obviously old damage to the bumper. Subsequently, however, the other party put in a claim with their insurance company. Not surprisingly, my friend's insurer admitted liability (as he reversed into a stationary vehicle) and subsequently paid out about £1000 for repair of the bumper.
After a gap of 3 years, the story has now taken a turn for the strange, as my friend has been contacted by solicitors representing the other party, who are now claiming for 4 cases of severe whiplash injury, pain and suffering, mental anguish, and the like.
Solicitors from my friend's insurer have told him that they recommend admitting liability and that he should authorise them to settle out of court.
The question is what is the right thing to do? The claim is clearly fraudulent; but has been given credence by having the insurer already pay out for damage to a car bumper which was obviously pre-existing. Similarly, my friend estimates the speed of impact to be less than 1 mph, so cannot believe that the driver and 3 passengers have all got whiplash injuries.
What should he tell his solicitors? Agree to settle? Refuse to authorise the solicitors to settle? Warn the solicitors that he believes the claim to be fraudulent or exaggerated?
There was no visible damage to either car, but the other car did have obviously old damage to the bumper. Subsequently, however, the other party put in a claim with their insurance company. Not surprisingly, my friend's insurer admitted liability (as he reversed into a stationary vehicle) and subsequently paid out about £1000 for repair of the bumper.
After a gap of 3 years, the story has now taken a turn for the strange, as my friend has been contacted by solicitors representing the other party, who are now claiming for 4 cases of severe whiplash injury, pain and suffering, mental anguish, and the like.
Solicitors from my friend's insurer have told him that they recommend admitting liability and that he should authorise them to settle out of court.
The question is what is the right thing to do? The claim is clearly fraudulent; but has been given credence by having the insurer already pay out for damage to a car bumper which was obviously pre-existing. Similarly, my friend estimates the speed of impact to be less than 1 mph, so cannot believe that the driver and 3 passengers have all got whiplash injuries.
What should he tell his solicitors? Agree to settle? Refuse to authorise the solicitors to settle? Warn the solicitors that he believes the claim to be fraudulent or exaggerated?
0
Comments
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Not a lot he can do about this - but as he has a solicitor he should get their advice. (The 3 year gap is irrelevant - injury claims from adults can be made up to 3 years from the incident, minors have up till they are 18 to make a claim)
The insurer clearly thinks it unlikely they would get anywhere contesting these claims, otherwise they would do so.
These claims all come under the original claim, and don't mean he now has any more than the one claim on his history jhe has always had.0 -
Tell him to deny liability, after all, what are the chances that the other partys can all prove they sought treatment after the incident.Be Alert..........Britain needs lerts.0
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