Insurer & Fleet Operator Advice

Below we have listed some useful pointers and advice for insurers and fleet operators.  If you are not sure about any of this below information, please contact us to find out more. 

• When initially inspecting, be careful not to unduly disturb the evidence or remove anything from site, pending forensic investigation (unless you suspect it will be taken or tampered with in the meantime).

• Find out at an early stage if :
  • The supplier has also been the repair/service agent.
  • There are accessories fitted by someone other than the supplier.
  • There is an established service history.

• If the fire damaged car is still under warranty, don’t simply refer it back to the supplier or manufacturer in the hope that they will replace it.  They are more likely to disturb or remove the evidence, making it much harder to achieve a recovery later.

• Don’t have the car stored at the dealer/garage from whom you are likely to seek a recovery.

• Try not to have the car moved from site to site and then decide to have it forensically examined – it could be too late and the evidence will have been lost in transit.

• If the value of the car is greater than, say, £5000 and is any of the following:
  • Under warranty
  • Less than 3 years old
  • Just been serviced or repaired
  • Part of a recalled batch

• Call us to have it forensically examined immediately – make it your first action point.

• MOST IMPORTANT – Do not allow the manufacturer or any other interested party to inspect the vehicle unaccompanied. MAKE SURE you are represented at every inspection or meeting.

 

It is inevitable that, from time to time, the owner of the vehicle will involve the manufacturer/supplier prior to informing insurers in the hope that the matter will be resolved without the need to make an insurance claim.  Reputable manufacturers or suppliers will inspect the vehicle without disturbing the evidence to see if there is any obvious manufacturing defect.  If not, they will advise the owner to inform their insurers so that they can become involved in the subsequent investigation. This is perfectly legitimate.

Some manufacturers and suppliers, however, see the vehicle as their own, and will disturb the evidence and/or carry out destructive disassembly without even taking photographs.  They then rely on the owner having involved them prior to the insurance claim as an excuse for their tampering with the evidence.  We do not believe that this is acceptable; the insurer’s interest is foreseeable – check ‘Spoliation of Evidence’ on Wikipedia for example.  We are careful to ensure a full photographic record of our work is undertaken, and to suspend the examination as soon as there are reasonable grounds to suspect the cause is associated with a manufacturing defect or the actions of a third party, so that they have the opportunity to become fully involved.

We advise insurers who find their investigations prejudiced by the actions of the manufacturer, or any other third party, to involve their legal advisors without delay.