Motorbike Insurance Claim From Third Party

We went to Le Mans in May this year and a pal of mine, Stuart, was reversed into by a car 2 miles from home. He was on his BMW R1200GS Adventure and the other vehicle was a Ford Focus. Stuart was stopped behind the focus as the car in front was giving way to oncoming traffic, the focus driver decided to reverse failing to see that a motorbike was behind him, it wasn’t just a tap either, Stuart jumped off the bike when the back bumper rode up the bikes front wheel and reached his headlight. There was a witness to all this and all details were exchanged, the driver of the focus was a 17 year old local lad whose father is a driving instructor.
Stuart got his bike home and called his insurance company, an accessor came out and the bike was written off. A few weeks later Stuart’s insurance company paid him out less his excess and he bought another bike, the plan being that his insurance would claim their loss from the other drivers insurance. A couple of months later Stuart calls his insurance company looking for his excess money back, they told him they had not heard back from the car driver with his insurance details and they would write requesting them again. Another month goes by and Stuart calls them again, they’d still not heard back from the driver and were now going to get solicitors involved. Eventually they heard back from the driver claiming it was nothing to do with him as the car had been sold 2 days before the accident and produced a receipt showing the same.
Over this weekend Stuart decided to go and take a look at where the lad lives. Sure enough he seen the lad and the same car on the drive !
Stuart contacted the police and told them the whole story but as no one was injured they were not interested.
Besides knocking on the door and having it out with him I’m at a loss as to what he can do next, hence the reason for this post, what course of action can be taken in a situation like this ?

That's fraud, surely, has your friends insurance company been updated? I would also try the police again, but on the non urgent local number.

MCOL claim for the excess - after he wrotes directly to the lad asking for his excess and giving him a reasonable period to pay the same. Presumably only a few hundred quid?

Speak to the insurance company and tell them the situation. They'll be keen to pursue their claim and it's up to them, not their client.

Photo's of the car on the insured's drive would be a good thing. ;-)

R

Yes that's fraud (and a suspicion of driving uninsured, without licence etc.) , I'm concerned and saddened that the Police weren't interested. A letter to the chief constable copied to the police authority / commissioner would be appropriate I'd have thought.

Quote:

---

Originally Posted by afcneal

MCOL claim for the excess - after he wrotes directly to the lad asking for his excess and giving him a reasonable period to pay the same. Presumably only a few hundred quid?

---

Bad advice.

R

Stuart’s Insurance don’t seem to concerned, you’d think they would be given that at the moment they are out £13k !!! So frustrating and can’t help thinking the driving instructor father is behind it all, surely he wouldn’t have let his son drive around without insurance

Quote:

---

Originally Posted by ralphy

Bad advice.

R

---

This is the internet, bad advice is the norm.

Quote:

---

Originally Posted by ralphy

Photo's of the car on the insured's drive would be a good thing. ;-)

R

---

Photo evidence has been obtained 👍

Speak to the boys father, I'm sure if details of this got out to the local press /social media it would have a negative effect on his business seeing as he is a driving instructor!

Quote:

---

Originally Posted by seikopath

Speak to the boys father, I'm sure if details of this got out to the local press /social media it would have a negative effect on his business seeing as he is a driving instructor!

---

I’ve suggested that, social media can be good for some things. He wants to leave that to the last resort

Quote:

---

Originally Posted by ralphy

Bad advice.

R

---

Do educate then!...............

Does the house have a letter box

Sometimes you have to nudge the police to get them to investigate.

Why are the police not interested in Fraud?? It's a criminal offence, and if found guilty will lead to a criminal record that has to be declared, next time you need insurance..

A 17 year old lad does not need that on his record...so,done should remind him of this fact...

As advised by a couple of friends who are police officers, and used to with 100% success 4 years ago when knocked off my motorbike by a minicab driver...

Stay on the floor and suffer injury. The police have to get involved and record the incident and details. They also check on the drivers/riders insurance and license status at the time.

You can make a quick recovery in the ambulance (as i did) and ride home as the bike was still rideable (although it turned out £3800 worth of damage).

In my case the police took action against the driver and it went to court where he had 9 points and a £850 fine.. Great news for my insurance company who reclaimed every penny.

I’ve told him I think he will get more cooperation from the police if he actually goes into his local police station rather than calling on the phone, it’s easier to fob someone off on the phone !

Quote:

---

Originally Posted by Enoch

Why are the police not interested in Fraud?? It's a criminal offence, and if found guilty will lead to a criminal record that has to be declared, next time you need insurance..

---

Fraud is not necessarily a criminal offence.

If the victim here is getting nowhere with his insurance company then he should seek legal advice as to the best way to proceed, i.e. either civil or criminal process. In terms of getting monies owed, a civil case is more likely to succeed. IMO.

R

Quote:

---

Originally Posted by afcneal

MCOL claim for the excess - after he wrotes directly to the lad asking for his excess and giving him a reasonable period to pay the same. Presumably only a few hundred quid?

---

Quote:

---

Originally Posted by ralphy

Bad advice.

R

---

Quote:

---

Originally Posted by ralphy

, a civil case is more likely to succeed. IMO.

R

---

Make your bloody mind up..........

Quote:

---

Originally Posted by ralphy

Fraud is not necessarily a criminal offence.

If the victim here is getting nowhere with his insurance company then he should seek legal advice as to the best way to proceed, i.e. either civil or criminal process. In terms of getting monies owed, a civil case is more likely to succeed. IMO.

R

---

I know you love to be pedantic, but insurance Fraud is almost always prosecuted as a criminal offence, in a criminal court..

Quote:

---

Originally Posted by Enoch

I know you love to be pedantic, but insurance Fraud is almost always prosecuted as a criminal offence, in a criminal court..

---

Is this insurance fraud?

R

Quote:

---

Originally Posted by ralphy

Is this insurance fraud?

R

---

Someone claiming they sold their car to avoid being implicated in an RTA??

Stop the sealioning there's a good chap

He's knowingly provided false information to his insurance company with intent to avoid culpability and possible effects on his insurance premiums. Sounds like fraud to me.

100% fraud, I hope my pal nails him

Quote:

---

Originally Posted by Enoch

Someone claiming they sold their car to avoid being implicated in an RTA??

Stop the sealioning there's a good chap

---

What the insurance company choose to do is irrelevant, this thread is about what the victim can do.

Once again: If the victim here is getting nowhere with his insurance company then he should seek legal advice as to the best way to proceed, i.e. either civil or criminal process. In terms of getting monies owed, a civil case is more likely to succeed. IMO.

R

- - - Updated - - -

Quote:

---

Originally Posted by Scepticalist

He's knowingly provided false information to his insurance company with intent to avoid culpability and possible effects on his insurance premiums. Sounds like fraud to me.

---

I don't disagree.

R

Quote:

---

Originally Posted by ralphy

I don't disagree.

R

---

So why ask the question??

Quote:

---

Originally Posted by Enoch

So why ask the question??

---

Because I expected you to think why I asked it and what the difference was between the victims situation and the insurance company.

R

Quote:

---

Originally Posted by ralphy

Because I expected you to think why I asked it and what the difference was between the victims situation and the insurance company.

R

---

You expected to much..

Quote:

---

Originally Posted by Enoch

You expected to much..

---

I realised that when you made the sea-lioning comment, coupled with your misunderstanding of my post(s).

My bad.

R

If the fella had not cancelled the insurance policy prior to the accident - his underwriter continues to be liable for any 3rd party claims.

His underwriter is liable in the first instance and they will seek to recover those costs from the policy-holder.

That is the reason why a policy must be cancelled as soon as you have sold the car. If you let the policy run until renewal (to save the policy-modification/cancellation fee) - you run the risk of the car being involved in an accident where the 3rd party claim is massive. The underwriter in that situation WILL recover as much of the payout (could be >£1m) from YOU.

HTH

What Blackal said is correct. if nothing else this is a Road Traffic Act claim. The driver can be named and identified and there is a witness confirming the accident did occur.

Unless the lad cancelled the insurance when he "sold" the car, then the vehicle insurers are on for the claim and have to pay any unsatisfied judgement obtained against their policyholder.

I'd suggest the OP rings his insurance company and asks to speak to the Claims Manager / Director and goes through the case with him. Send him / her the photographs of the car still on the drive and the third party's address and ask whether the insurers wrote to the witness to get a statement from them.

It would also be worth going to your local main police station in person to make a formal complaint and providing proof that the lad / family still own the car. Request that they investigate as the other party involved in an accident has refused to supply his insurance details as required under the Road Traffic act so a criminal offence has been committed.