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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22828
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My insurance company are looking into 2 claims that I have

Customer Question

My insurance company are looking into 2 claims that I have put in for my car. The first one happened dropping my son home and he was the only witness. The second accident happened after leaving the car at his fathers house. I gave them all details. My
son said that his father had caused the second accident to me in front of my ex partner. So I stated that in the police report for the second accident. In the main time. They sent a letter stated his father was liable for the damage and thats when he influenced
the statement of my son. My son called the insurance company saying he was driving and also said that the damage wasnt caused by his father for the second accident. I called to complaint about the adjuster and thats when they told me that. But I refused that
he would do that and that it was correct his father must have been involved with the call because they were trying to charge him. My son had also completed a statutory statement with my mother 3 days before the adjuster went to interview him which said that
I was driving. I havent given that to the insurance company yet as I had another interview about the second accident that was on the Monday after he had given his statement to them. Saying he drove when the first accident happened, that I wasnt driving that
someone else did the damage in the second accident. That his father backed this up. Again I said that this wasnt correct and that he was trying to protect his father and by doing this has affected my claim and they have said to me that someone is lying and
I said I know but I know that I have disclosed everything correctly. I also told my mother what had happened she asked my son and he told her that it did it so his dad wouldnt pay. I explained to my son that what he has done is put me under a bus to protect
one parent so the other will not be able to recover the damage done. He wants to retract his statement to the insurance company now. They wanted to talk to my ex and he has said he will confirm what was said. I dont want this to affect any future insurance
policys I have done everything and because my ex hates me and wants me to pay for bring this to his doorstep. My son said he will call them today to change his statement about him driving but he is only going to confirm that and that the date he gave was not
the correct date of accident or time
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

There is a real risk all the claims will be refused because of the changing stories. Even though you have been straight with the insurance company, the changing stories are likely to make them decline the claims and cancel the insurance. Your son should tell the truth, but I am not sure that this will end well for anyone.

Customer: replied 1 year ago.
even tho, lm the insured party? As the witness his statement has no versacity. Under the evidence act and hearsay.
I have recorded both interviews with the adjuster on my side and told them my complaint about the adjuster not being transparent and not disclosing recording. Also it was misleading, not transparent.
He made the mistake to lie because fathers influence.
I'm not certain why my integrity is questioned. When supporting the facts. The adjuster said someone is lying here l told her l know and l have being honest. Now this will be evident.
I'm still confused about the decline for my policy
Expert:  Chris The Lawyer replied 1 year ago.

You can complain to the Insurance Ombudsman if you think you are being treated unfairly. This is a free service and they will look at this. You must first complain to the Insurance Company, although you may have done that already. The basis for the complaint is that other people have lied, but you have been quite honest and truthful

Customer: replied 1 year ago.
Thank you for you're answer however this is something that l already had looked into already as l was dissatisfied with process, procedure, permission statements, disclosures. Not being transparent with intention to mislead, I know that l have unfairly treated.
Witness lies. (Reason explained)
The integrity of the insured is questioned.
Based on you're first answer is the company declines/cancel.
Not good for anyone.
The ombudsman as an option available is normal procedure when not satisfied.
Its disappointing the influence that has made - the cause, evident, be untrustworthy as a witness against a claim is submitted by the insurer as evidence and the insured is questioned accountability for there own veracity.
Maybe my expectations of excellence are to high.
I know the insurer is trying to discredit me through the witness, l have a good understanding of legislation, contracts, financial, & reputation and having to still meet the expectations of my role, whilst this is happening.
I had read the fair insurance code/Insurance handbook (ICNZ) - legisteration around this due to my integrity being questioned.
I feel like this is already known to me.
Your general answer wasn't as helpful as l expected
Expert:  Chris The Lawyer replied 1 year ago.

Insurance companies operate on a principle of utmost good faith, implied in all insurance contracts, which sets a very standard of honesty and integrity. This means that when a claim is tainted by lies, as has happened, they get generally suspicious, and are entitled under insurance law to reject claims or at least examine them very closely. Where you are the innocent party this can be a difficult process and be upsetting as this was not your doing. The option to the Ombudsman would be to sue, either in the Disputes Tribunal or the District Court, stating the rejection of the claim was not correct as a matter of interpretation of the contract and the acts. But that would be an expensive option

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