Vehicle insurance legality/liability question.

[RVTECH]

Question for anyone who might have experience from the COMPANY/LEGAL side and not the customer.

Scenario - A friend of mine in CA recently loaned her vehicle to a person she 'considered ' a long term friend got into an accident totaling HER vehicle. It WAS the OTHER driver's fault as he ran a red light and 'T' boned my friend's vehicle onto it's side.

My friend's son (adult with downs syndrome) was in the vehicle as well but NO major injuries just minor bumps and bruises to both.

The AT FAULT driver had no insurance, played no speaka' da englass with the LEO on scene however when all was said and done my friend IS covered by her insurance company 100%

Ok now for the issue in question. The 'so called 'friend' she loaned her vehicle to is claiming TO the insurance Co he had a $1500 phone, was wearing a $3500 suit and $1500 shoes and his glasses got damaged and wants reimbursement.

He is lying about this. He had nothing of that value on 'his person' and that was verified.

Is he committing any sort of 'crime' by lying to my friend's INS CO. or just trying to take advantage of the situation and will not be given any further regard by them?

This is basically 'down the street' from Disneyland.

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[Knobgoblin]

Last I checked, fraud is a very common crime.
The insurance companies deal with fraudulent claims constantly.

So called friend is E-stoopid-o. Not going to profit from this attempt.

 

[echo1]

I think it's illegal to make false claim to the insurance company. Does he have the broken items for proof? LOOSER FRIEND. PAX

 

[RVTECH]

Does he have the broken items for proof?

I doubt it. He is making his claims on the phone and isn't really close by. He is in San Diego and this happened in Anaheim.

 

[nwslopoke]

If the friend can't bring receipts there shouldn't be a problem. If he has a soiled expensive suit to show then he has a valid argument.

 

[Knobgoblin]

Fun factoid.
That exact number of $7500 is the maximum barrier of 5th degree felony. Another dollar more would be 4th degree felony insurance fraud.

Scumbag faux friend is trying to be slick , but to greedy for a measly $1000 ( gross misdemeanor) attempt.

 

[echo1]

I doubt it. He is making his claims on the phone and isn't really close by. He is in San Diego and this happened in Anaheim.

Figures, unemployed bum, or maybe a lawyer. PAX

 

[RVTECH]

Scumbag faux friend is trying to be slick

This is the part that is really 'hurting' MY friend.

Apparently she has known this person over 20 years, knows his family and was friends with HER and her husband previously and said she had NEVER see anything like this out of him.

I of course had 'differing' opinions and 'voiced' them to her but I am looking at it from a different 'perspective'....

 

[Knobgoblin]

This is the part that is really 'hurting' MY friend.

Apparently she has known this person over 20 years, knows his family and was friends with HER and her husband previously and said she had NEVER see anything like this out of him.

.....California dreamin....

 

[hker71]

I personally doubt the insurance company is going to cover the items the clown is trying to claim against your friend's insurance.

We recently had some bozo in a 3/4 ton extra cab truck pulling a 36 foot fifth wheel through the packed parking lot where my son works. This duffous hit my son's parked car and damaged it to the tune of nearly $4K. No fault of my son at all. At least the guy went to all the businesses and found my son.

The bozo's insurance company is fighting us tooth and nail to repair my son's car. They contend we should be using reconditioned or non-OEM parts instead of factory.

 

[gmerkt]

The reality is, the insurance company probably won't contest $6,500 and might be glad to pay it in order to settle. It's a lot less than paying out $650,000 for a serious personal injury medical claim. Sounds like it will come from the car owner's insurance company as part of the uninsured motorist coverage. Which may be the basis for your friend's irritation.

Is it right? No. Is it done often enough? Yes.

I guess a guy borrowing a car might be dressed in a $3,500 suit and $1,500 shoes.

 

[jbett98]

After the dust settles, her insurance company will more then likely drop her and she'll be shopping around for another insurance company.

 

[RVTECH]

Which may be the basis for your friend's irritation.

His entire claim has her MORE than 'irritated' and she has retained an atty for this. I asked her why and her response was 'just to make sure I don't get screwed over' .

Apparently the insurance co had my friend's son sign a witness statement to verify the driver didn't have all this spendy stuff on him.

This was a bit difficult given his 'metal condition' but regarded as legal.

 

[Koda]

His entire claim has her MORE than 'irritated' and she has retained an atty for this. I asked her why and her response was 'just to make sure I don't get screwed over' .

That seems a bit premature, my guess is the insurance company will send the driver a claim form asking for evidence, and a signature... there will probably be some note reminding about fraud.
He will then ignore it, the insurance company will then drop the claim and everything goes back to normal.

 

[RVTECH]

That seems a bit premature,

Kind of what I thought but I accepted her reason for telling me why she did.

I suspect there might be some 'details' she is 'leaving out' (for now) because she might know she made some previous mistakes with this person and possibly feeling guilty about it - and knows how I would respond to her if she were to tell me.

We are 'old friends' from childhood and have always maintained contact throughout the 'highs and lows' of our lives.

Unfortunately SHE has had some (many) insurmountable challenges throughout life - some self inflicted - and some not - and I have always been there as an 'ear' for her - and to offer my opinions and observations IF she asks....

Unfortunately some of the 'self inflicted' challenges she repeated - or didn't address early enough - and they are affecting her today - fortunately drugs or alcohol never played a part in any of them.....

 

[Alexx1401]

Question for anyone who might have experience from the COMPANY/LEGAL side and not the customer.

Scenario - A friend of mine in CA recently loaned her vehicle to a person she 'considered ' a long term friend got into an accident totaling HER vehicle. It WAS the OTHER driver's fault as he ran a red light and 'T' boned my friend's vehicle onto it's side.

My friend's son (adult with downs syndrome) was in the vehicle as well but NO major injuries just minor bumps and bruises to both.

The AT FAULT driver had no insurance, played no speaka' da englass with the LEO on scene however when all was said and done my friend IS covered by her insurance company 100%

Ok now for the issue in question. The 'so called 'friend' she loaned her vehicle to is claiming TO the insurance Co he had a $1500 phone, was wearing a $3500 suit and $1500 shoes and his glasses got damaged and wants reimbursement.

He is lying about this. He had nothing of that value on 'his person' and that was verified.

Is he committing any sort of 'crime' by lying to my friend's INS CO. or just trying to take advantage of the situation and will not be given any further regard by them?

This is basically 'down the street' from Disneyland.
View attachment 2171031

This is pretty simple. Its called insurance fraud. Yes it is a crime. People have been sent to prison for this. Now what will happen in this case depends on the Insurance Co. They "may" just pay the claim. They also may get nasty here and want some kind of proof. If the one filing the claim signs saying the claim is legit and the Co can prove or feels they can prove it was fraud? Then the one filing the claim is risking a felony conviction over that "free money" they think they are getting. Not to mention the one who will get burned here is the one who's insurance is paying. This goes on their record and will make their insurance cost more. They can do without a "friend" like this.