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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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I'm in a bit of a situation.. need urgent help in regards to

Customer Question

Hi, I'm in a bit of a situation.. need urgent help in regards ***** ***** potential insurance claim dispute with a third party
Submitted: 1 month ago.
Category: Scots Law
Customer: replied 1 month ago.
It looks like they are trying to head towards the claim being fraudulent
Customer: replied 1 month ago.
Urgently need help please
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
Anyone available at all?
Expert:  JGM replied 1 month ago.

Thanks for your question. I am a solicitor in Scotland. Can you explain your situation a little more?

Customer: replied 1 month ago.
Hi, may I ask if me asking for advice will not be used against me in anyway nor shared with anyone?
Expert:  JGM replied 1 month ago.

I’m not sure what you mean. You ask a question. I answer it. That’s the way the site works.

Customer: replied 1 month ago.
Ok, I am currently pursuing a claim for a road traffic accident I was involved in a couple of months back.The issue I am facing is that I know the person who crashed into me and at the time of the crash and sebsequently I have said I don't know them which is untruthful of me.I heard a couple of days ago from the third party that he was interviewed extensively by his insurance company who also asked for access to his phone logs which I can only assume will result in them checking for any connection to my number, which will show we have a connection and potentially throw this whole situation into a fraud case?? Just need to know what I have got myself into and how can I resolve it... Thanks a million
Expert:  JGM replied 1 month ago.

What is the relationship between you and the other party? Why did you tell the insurer you didn’t know them?

Customer: replied 1 month ago.
I panicked and decided not to tell them fearing they might think something un towards. He just someone I've known for a couple of years, not a close friend but we do speak sometimes over the phone or text etc.
Expert:  JGM replied 1 month ago.

Why have they asked for his phone records? Did his insurer tell him? That isn’t usual.

Customer: replied 1 month ago.
They asked him a number of questions like what were you doing in that area, who were you meeting etc, and then asked if he would allow them too access his phone logs to which initially he said no as he was annoyed and confused to why but then agreed as the investigator advised him that he was trying to assist and it's part of the claim etc and made him sign something. Not sure if they can just access this info from him signing a piece of paper.
Expert:  JGM replied 1 month ago.

And how would they know any number on his phone record belongs to you? There may be DPA issues here.

Customer: replied 1 month ago.
His insurance company asked him for my contact details at the time of the incident a couple of months back..
Expert:  JGM replied 1 month ago.

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.

Customer: replied 1 month ago.
Will his network provider contact him prior to giving access to the insurance company to the call logs? To ask his permission before disclosing? If yes, can he decide against giving them access?
Customer: replied 1 month ago.
If he refuses access then what would be the consequences?
Expert:  JGM replied 1 month ago.

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.

Customer: replied 1 month ago.
To clarify he was driving a hire car hence its not his personal insurance.What is the worst case scenario for me? Criminal record?
Expert:  JGM replied 1 month ago.

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.

Customer: replied 1 month ago.
Will I need to pay my solicitors fees, third party legal fees, third party damaged car and also the hire car I have and storage costs of my car?
Customer: replied 1 month ago.
By the way my own insurance company is not involved as I appointed a solicitor to act on my behalf
Expert:  JGM replied 1 month ago.

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.

Customer: replied 1 month ago.
What about the hire and storage company, will I need to pay them out of my own pocket?
Expert:  JGM replied 1 month ago.

If you don’t recover from the third party yes.

Customer: replied 1 month ago.
Sorry for the late reply. This is the last question relating to this topic then I will rate you.The hire and storage company have advised that due to the hire dragging on and the case is still not resolved, they potentially want the hire car back and will return my car to me from storage. I have an independent engineers report stating it's a total loss which was submitted to the third party. With the eventuality that I no longer have a hire car and still do need transport, can I get rid of the car at the salvage value stated on the engineers report, buy another car with those funds and the mitigate all liabilities and pursue the third party for the remaining balance of the value of the car.. pre accident value?
Expert:  JGM replied 1 month ago.

Yes you can. No reason why you can’t do that.