On this one GAP claim, Crawford Legal 麻豆区 saved our client over 拢20k after uncovering the alleged car 鈥渁ccident鈥� was deliberately orchestrated by the policyholder in order to profit.
Introducing 鈥淕az鈥� (name changed for privacy reasons). Gaz alleged his Audi A3 was a 鈥榯otal loss鈥� as a result of a transit van ramming into its rear while parked. The road traffic accident took place on the last day of a three-year policy term (鈥渁ccident鈥� this close to the end of the policy are often red flags for fraud).
Gaz had two residences a short distance apart in the Gorton area of Manchester: one for the family, the second for 鈥榚ntertaining鈥�. It was outside the latter residence where Gaz had parked his car. One Sunday morning he was woken by a neighbour alerting him to the incident. 鈥淎aron鈥�, a person allegedly not known to Gaz, had driven into his Audi.
The RTA insurer had provided a flexible and temporary motor insurance cover (for as little as just one hour). Gaz鈥檚 car was recovered to an accident management company in Stockport. The main issue, according to Gaz鈥檚 engineer was that the Audi gearbox 鈥渄idn鈥檛 feel right鈥� and the car was apparently uneconomic to repair. The motor insurer accepted the claim without considering potential fraud. The questionable engineering evidence was also never challenged.
Crawford Legal 麻豆区 was instructed by the GAP insurer to validate the GAP claim, having already noted that Gaz had a conviction for possession of class B drugs (78 cannabis plants in his house) and tampering with the electricity supply.
Gaz鈥檚 version of events was straightforward: he didn鈥檛 see the accident, he didn鈥檛 know the other party, the gearbox was fine prior to the collision and the timing of the accident was coincidental.
鈥淥ff the record鈥�, he added that he 鈥榙idn鈥檛 need 20k鈥�, he was making that every three months growing and selling cannabis.
Two aspects of CLS鈥� investigation were crucial:
- The parties (Gaz and Aaron) could not be linked through social data analytics. However, Aaron鈥檚 account made little sense. He claimed he intended to drive his dogs to a local park but, when he saw the park was busy, he drove to another park. However, Gaz鈥檚 road was on no plausible route for Aaron鈥檚 stated journey.
- Aaron claimed he did this drive on a regular basis. But given Cuvva App data facilitates the analysis of previous temporary insurance cover arrangements, things were inconsistent.
CLS鈥� advice was to the effect that, irrespective of any other issue, the claim could be declined on the grounds it was a staged accident.
However, CLS appointed a forensic engineer to inspect and comment on the damage to the Audi S3, in particular the gearbox. The Audi S3 is a performance hatchback with a launch control feature. Examination of the gearbox confirmed that:
- The gearbox had a failsafe mechanism to protect it from damage that may be caused by impact when the car is parked; and
- The gearbox damage had been caused by excessive use of the launch control feature.
The original gearbox had been replaced by Gaz a year earlier under warranty, again suggesting heavy use or misuse of the launch control feature.
The claim was declined. The claim could not be validated and, furthermore, the car was not rendered a total loss.
What is GAP Insurance?
GAP (Guaranteed Asset Protection) policies are often bought by those buying a new car or near new car. If the car (that is funded by finance) is written-off in an accident or is stolen, the owner could find themselves out of pocket, even after the motor insurer pays out. This is where GAP insurance kicks in. It鈥檚 designed to minimise or prevent financial loss to honest policyholders. However, opportunistic and organised fraudsters often attempt to take advantage.
