Withdrawing an insurance claim

by Guest » Sat Mar 01, 2008 11:34 pm
Guest

My sons motorcycle was stolen. He filed a police report, and contacted his insurance company. About a month later we learned his ex-girlfriend and one of her boyfriends took it. They said he told them to steal it, which is untrue. I have a power of attorney for my son, and I contacted the insurance company for my son, to notify them that we located the motorcycle and were going to recover it. I also contacted the Detective who was investigating the police report, and notified him that we were in the process of recovering the motorcycle, and had notified the insurance company to withdraw the claim. Two days later the detective ordered her boyfriend to bring the motorcycle to him, and put my son in jail for insurance fraud. I feel that since the insurance company was contacted before my son was charged with this offence that he had every right to withdraw the claim, because of circumstances he was not aware of at the time. But they did not drop his claim. He did not receive money from the claim, how can he be charged for insurance fraud? Shouldn't he have been allowed to withdraw his claim? I feel this is very unfair.

Total Comments: 8

Posted: Sun Mar 02, 2008 06:59 am Post Subject:

Fraud would have been committed when the claim was initiated. After that, it does not matter is the claim is withdrawn. Everything else was done by the police, not the insurance company. That is, the charge was made the police, not the insurance company.

Posted: Sun Mar 02, 2008 12:00 pm Post Subject:

Wow, really sorry this happened to you and your son. Hope it gets cleared up soon. tscope, does the claim now become part of the evidence in the case?

Posted: Sun Mar 02, 2008 02:23 pm Post Subject:

Probably. I'm sure the insurance company will cooperate 100% with the authorities as it's in their interested.

Posted: Sun Mar 02, 2008 02:30 pm Post Subject:

Unfortunate circumstance. As tcope said, the fraud occured when the claim was reported, I'm sure your son had to complete recorded statements, sworn statement in proof of loss etc.

A month had went by and no payment was issued? Sounds like maybe we are missing some information here. :?

Posted: Sun Mar 02, 2008 10:54 pm Post Subject:

Is he still friends with the ex girlfriend, is there anyway that he could talk to her and tell her to tell the truth, if he did not do this as you say and she testifies to it, he may have a chance of beating it. What kind of friends does he have that would steal his bike and then say he told them too, I would say not very good ones.

Posted: Mon Mar 03, 2008 02:58 am Post Subject:

I would say, get new friends young man. Is there anyway that he can prove that they are lying, is it their word against his? If he did not do this, I hope he gets it straightened out soon.

Posted: Mon Mar 03, 2008 12:20 pm Post Subject:

If my boy were 100% innocent, I'd be screaming for (and pay for it if necessary) a polygraph........

Posted: Mon Mar 03, 2008 07:05 pm Post Subject:

Wow. I would say try to work the fact that she is an EX-girlfriend meaning she may have been upset with him and wanted to get back at him. If he cared about the motorcycle more then he cared about her I could see her arranging for his motorcycle to be stolen and then when the police come knocking claiming that the now ex-boyfriend had told them too.

I've had an ex-girlfriends boyfriend do some crazy stuff to get back at me for thinking I didn't treat her right when we broke up. (later turns out he had been sending her threating emails in my name to make her like him more)

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