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Thanks for your question. I am a solicitor in Scotland. Can you explain your situation a little more?
I’m not sure what you mean. You ask a question. I answer it. That’s the way the site works.
What is the relationship between you and the other party? Why did you tell the insurer you didn’t know them?
Why have they asked for his phone records? Did his insurer tell him? That isn’t usual.
And how would they know any number on his phone record belongs to you? There may be DPA issues here.
You have a problem then I’m afraid. If they see calls prior to the accident then they will suspect that the claim is made up even if it is not. You will have to consider carefully whether you come clean with your insurance company and risk them rejecting the claim. If there is no personal injury claim and the claim is for damage only and not for write off then the insurance company is more likely to believe that you had no intention to commit fraud and that you just thought it better that you didn’t disclose that you knew the other party. If there is an injury claim or a write off claim then they may not be inclined to deal with it in which case you would have to consider the position. Current practice is that they will investigate any suspicious claims and reject them. You then have to decide whether to sue the insurance company for breach of contract. Where you have given false information you will find that they can reject that claim under most policies. That is the position you are in I’m afraid. I hope that answers your question. Please leave a positive rating so that I am credited for my time. The question will not close and you can ask any follow up question if you wish.
There will be a clause in his policy saying that he has to cooperate with the insurer in every respect. If he refuses access then they will remove his cover under the policy. Whether his phone company will ask his permission depends on exactly what he has already signed.
The fact that it was a hire car doesn’t mean that the insurance doesn’t have similar conditions. As regards ***** ***** doubt you will end up with a criminal record as they won’t be able to prove a fraud. They may just deny your claim because you lied when you made a claim and that will also be a breach of the policy.
No, if your solicitor is dealing with this he could advance the claim on the basis that the fact you did or didn’t know the other party has no bearing on your claim.
If you don’t recover from the third party yes.
Yes you can. No reason why you can’t do that.