Insurance dilemma

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  • IanF
    Moderator

    • Dec 2007
    • 2680

    #1

    Insurance dilemma

    Hi Guys,
    I have a slight dilemma here and need some outside perspective.
    We have a Pizza joint next to our shop which does deliveries with motorbikes. Now parking is tight outside the shop so the a$$holes driving the bikes used to park between our cars. We repeatedly asked them not to but the owner just smiled sweetly and said they can't park anywhere else.
    So the inevitable happened and one of the a$$holes dropped the bike on the car the owner said her insurance would take care of it. Now the broker of the pizza shop has sent me an email to the insurance company which he copied me and it says
    "The description we put forward as on system: Insured’s delivery bike fell over whilst parked causing damage to third party’s car. Insured’s vehicle not damaged"
    I know this is a lie as the bike dropped when they drove off the pavement and the driver couldn't control it.

    My question is do I have a duty to point out that they are not telling the truth. All I want is the car fixed.
    My feeling is the insurance company deals with this every day and they will see through this if they are inclined to.
    If I tell them it may delay getting the car fixed. Do I have an obligation to point this out?

    Only stress when you can change the outcome!
  • Phil Cooper
    Gold Member

    • Nov 2010
    • 645

    #2
    Ian

    The Insurers are unlikely to investigate, as the claim will (I assume) be relatively small.

    As to whether you have a duty to report it, that all hangs on your conscience.

    If you reported, the insurers are entitled to decline the claim view of the misrepresentation in the original documentation. This means you will have to bring a claim against the pizza shop, and sue them in your personal capacity.

    Bluntly, whether the bike had fallen, or did the damage whilst being driven is immaterial. I don't know why the shop decided to twist the facts: either way the claim would have been paid.

    However, if the claim was turned down because they lied it would put them under pressure, and they may be more amenable in future. Haowever, you could end up with the hassle of getting the money back.

    Comment

    • IanF
      Moderator

      • Dec 2007
      • 2680

      #3
      Phil
      Thanks for your reply. I will probably leave it as the hassle it may cause is not worth and rather try and sell some printing.
      Only stress when you can change the outcome!

      Comment

      • AndyD
        Diamond Member

        • Jan 2010
        • 4946

        #4
        Originally posted by IanF
        I know this is a lie as the bike dropped when they drove off the pavement and the driver couldn't control it.
        Originally posted by Phil Cooper
        Bluntly, whether the bike had fallen, or did the damage whilst being driven is immaterial. I don't know why the shop decided to twist the facts: either way the claim would have been paid.
        Maybe it was because the rider was riding off the pavement which might have raised some eyebrows. Even so unless you were actually an eye witness to the incident I wouldn't see any reason to consider getting involved.
        _______________________________________________

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        Comment

        • Dave A
          Site Caretaker

          • May 2006
          • 22806

          #5
          Originally posted by Phil Cooper
          Bluntly, whether the bike had fallen, or did the damage whilst being driven is immaterial. I don't know why the shop decided to twist the facts: either way the claim would have been paid.
          I don't get that either.

          One thought that did cross my mind was perhaps it's the driver who has misreported the facts to the employer, thinking it's the lesser of two evils.
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          Comment

          • IanF
            Moderator

            • Dec 2007
            • 2680

            #6
            Thanks for the insights guys it is just frustrating dealing with them. I need to focus on other things rather worry about other peoples ethics>
            Only stress when you can change the outcome!

            Comment

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