Other party lied to insurance.

Rufty1

In November 2019 my tyre was puncture and my car was damaged after I drove over a bay marker that had come loose in the works car park.  Work rents an office and the car park is shared, so they installed metal 'bay markers' to show who parks where.  Unfortunately a suitable and sufficient risk assessment was not carried out prior to the bay markers being installed. This is because it was well know that users of the car park would drive through bays during ingress and egress. Therefore it could reasonably have been foreseen that the bay markers would be damaged by this action. As they were only screwed into the ground they could then easily become loose. More than one marker had come away from the floor.  
It took a year for me to get the site management to claim on their insurance.  They then lied to the insurer and said the markers had been installed that morning and only came loose only because it was a bit windy.  Therefore, as it was due to the weather they were not liable!!!  They had actually been installed 4 days before. The incident happened at 7am in the morning, so they could not possibly have been installed then.  
The question is - is lying to the insurance company an offense and what can I do now?

AdrianC

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

Aylesbury_Duck

How much did the damage cost to put right?

It sounds to me as though you've hit a stationary object you could have reasonably avoided.  It's not as if you parked, the marker then became loose and blew into your car.  I'm not surprised they're not accepting liability.

k3lvc

The backstory Entitled to interest? - Page 2 — MoneySavingExpert Forum

@Rufty1 just pay your bill and watch where you're driving in future - not everything in life is someone elses fault

Rufty1

The bay markers came loose because people drove over them. So they ended up flat pieces of aluminium.  It was pouring with rain and pitch black, being 7am in November.  The marker was upside down with the screws pointing up in the middle of the road in a puddle.  I couldn't see it so drove over it.  The screws went into my tyre & the marker was then dragged round my wheel arch.  Total cost £350. 
My question was whether it is an offense to lie to an insurance company, not really whether they were liable or not.

AdrianC

Rufty1 said:

The bay markers came loose because people drove over them.

People like you. Maybe even you.

It was pouring with rain and pitch black, being 7am in November.

But you had your dip beam headlights on, right? And were moving at roughly walking pace...?

Aylesbury_Duck

Rufty1 said:

The bay markers came loose because people drove over them. So they ended up flat pieces of aluminium.  It was pouring with rain and pitch black, being 7am in November.  The marker was upside down with the screws pointing up in the middle of the road in a puddle.  I couldn't see it so drove over it.  The screws went into my tyre & the marker was then dragged round my wheel arch.  Total cost £350. 
My question was whether it is an offense to lie to an insurance company, not really whether they were liable or not.

If you think they've acted fraudulently, report them.

Rufty1

k3lvc said:

The backstory Entitled to interest? - Page 2 — MoneySavingExpert Forum

@Rufty1 just pay your bill and watch where you're driving in future - not everything in life is someone elses fault

I paid the bill on the day thank you.  The marker was the same colour as the road, which was flooded.  I was doing about 3 mph.  

Rufty1

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

Aylesbury_Duck

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

Did those other people report the damage they caused?  If not, how would the landlord be expected to know about it?  It's similar to potholes in that councils aren't usually held responsible for damage caused to a vehicle unless the hole was reported and the council were deemed not to have assessed it soon enough or had assessed it and not carried out a repair if a repair was deemed necessary.

To get back to your original question, if the landlord has lied to their insurance company all you can do is contend their statement.

k3lvc

Aylesbury_Duck said:

Rufty1 said:

AdrianC said:

You drove over a metal "bay marker", and are trying to blame somebody else?

Be thankful they aren't charging you for damage to it.

The markers were badly installed and came loose within 3 days of installation - mainly because other people (not me) had driven over them and squashed them flat.  Once they were free they blew or floated across the car park. They were only about 6 in long aluminium. This was face down in the middle of the road, but because of the amount of water and driving rain, it was invisible.

To get back to your original question, if the landlord has lied to their insurance company all you can do is contend their statement.

Obviously with proof of the alleged lying - you do have that OP don't you ?