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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23037
Experience:  Senior Partner at Berkson Wallace
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Tring to help my son. Youngster,19. He bought and insured a

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Tring to help my son. Youngster,19. He bought and insured a very high end car with 2yrs no claims. Company was a third of the price of others. He was overtaking 3 vehicles on a 60mph country road, the van behind the leading ‘tractor’ pulled out and son had nowhere to go, hit the van, ditched his car and it’s totalled, pre accident £22K. Police attended, no action, probably 50/50 blame, no one hurt.
He is on an apprenticeship technician course in RAF. It is an approved nvq course and has on job training 4 or 5 days a week on RAF base and drives back and forth from home to camp. Effectively in the RAF but for many years subject to learning programmes, some more full time defence college training due soon etc during first 3 years.
He insured the car as 'student living away from home' after speaking to mates and mentors at RAF and so insurance is obviously based on home postcode in Suffolk.
The insurance company are sending a 3rd party private investigation company to interview him (Brownsword). I'm worried that this means they are trying not to pay out on comprehensive policy or worse.
Not sure how to best defend him against possibilities of very bad things happening. His world could cave in if they decide there is some anomaly and don't pay out, or worse decide that this is some kind of fraud. We are very worried about advice we have listened to on whether the vehicle is an issue when often parked overnight on RAF base ie being parked behind razor tape fence, dog patrolled and live weapons on the constantly guarded single entry point.
The Insurance company instigated private investigators randomly turned up, unannounced, at our home today to see if he was there to interview. Should we be requesting this interview takes place with him having a legal representative present? Can we say that we don’t wish to be interviewed. The premise is that they are seeking “more information” on the van, but it seems to us like they may actually want to dig more into sons status, if car is not at home and all of that worrying possibilityInterview trying to be arranged for Friday this week.
Do we need specialist car insurance legal advice?
JA: Where is this? It matters because laws vary by location.
Customer: england
JA: What steps have been taken so far?
Customer: mmm that appears to a bot style reply to my detailed initial entry
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just the detailed text i sent at first please

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

How can i help with this please?

Customer: replied 12 days ago.
could you please read the initial text i sent
Customer: replied 12 days ago.
Trying to help my son. Youngster,19. He bought and insured a very high end car with 2yrs no claims. Company was a third of the price of others. He was overtaking 3 vehicles on a 60mph country road, the van behind the leading ‘tractor’ pulled out and son had nowhere to go, hit the van, ditched his car and it’s totalled, pre accident £22K. Police attended, no action, probably 50/50 blame, no one hurt.
He is on an apprenticeship technician course in RAF. It is an approved nvq course and has on job training 4 or 5 days a week on RAF base and drives back and forth from home to camp. Effectively in the RAF but for many years subject to learning programmes, some more full time defence college training due soon etc during first 3 years.
He insured the car as 'student living away from home' after speaking to mates and mentors at RAF and so insurance is obviously based on home postcode in Suffolk.
The insurance company are sending a 3rd party private investigation company to interview him (Brownsword). I'm worried that this means they are trying not to pay out on comprehensive policy or worse.
Not sure how to best defend him against possibilities of very bad things happening. His world could cave in if they decide there is some anomaly and don't pay out, or worse decide that this is some kind of fraud. We are very worried about advice we have listened to on whether the vehicle is an issue when often parked overnight on RAF base ie being parked behind razor tape fence, dog patrolled and live weapons on the constantly guarded single entry point.
The Insurance company instigated private investigators randomly turned up, unannounced, at our home today to see if he was there to interview. Should we be requesting this interview takes place with him having a legal representative present? Can we say that we don’t wish to be interviewed. The premise is that they are seeking “more information” on the van, but it seems to us like they may actually want to dig more into sons status, if car is not at home and all of that worrying possibility

Interview trying to be arranged for Friday this week.
Do we need specialist car insurance legal advice?

Is this a police interview under caution?

Customer: replied 12 days ago.
nope, a private investigation firm contracted by insurance company

I have been asked to look at this for you.

There appeared to be 2 issues apart from the circumstances surrounding the accident.

The first issue is the address.

It depends what the question which is asked is.

The question would normally be, whereas the vehicle parked overnight to which there can only be one answer and that would be where the vehicle is parked overnight ordinarily.

What you say, he travels 4/5 days per week and contrary to what he said, he appears not to be living away from home. I don’t know how often these days at the camp and how often he is away. Either way, he should have told the insurer.

The second is his occupation. Is he in the RAF being trained or is he a student? Once again, because of the potential honourably to the answer you should have disclosed exactly that to the insurance company.

If he had done both of those declarations, we would not now be having this conversation because there would be nothing to worry about.

With regard to the request for an interview, I attended one of these recently although it wasn’t actually for a client’s for a family friend rang and asked whether she should have legal representation. I told her that if she preferred me to be there, I would. I went along and just sat in the corner and to be honest it was no big deal, it was just a fact-finding exercise in this case, purely about the accident.

It could well be what you are looking at here with this request is exactly the same. One I attended was done by 1/3 party on behalf of the insurance company because they cannot have total national coverage so they subcontract.

If at any stage he doesn’t like the way the interview is going he is quite a liberty to terminate it and ask the person to leave.

Although it’s rude to just turn up, it may be that the interviewer just happened to be in the locality although with these days of mobile phones, I can’t see why they couldn’t have rung very briefly first.

At this stage in time, I probably wouldn’t bother with the expense of a solicitor but would see how the interview goes on I don’t like the weights going, terminate it as I said earlier and simply refused to answer any more questions.

 

From what you have said, I cannot see any suggestion of fraud. He may not have answered the questions correctly, for whatever reason, but that doesn’t necessarily mean that they are not obliged to pay out. A lot would depend on whether they have known the they would have not taken the risk in the first place and also whether they are convinced that this was not an innocent misrepresentation or indeed the was any misrepresentation at all.

 

If they don’t pay out, he grows refer the matter to the Financial Ombudsman Service who will look at the matter independently.

 

I can tell you now but none of these investigations are going to be quick.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 23037
Experience: Senior Partner at Berkson Wallace
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