Is the third party trying to scam my son after an accident?

My 23-year old son (four years driving) had a very small bump some eight weeks ago on the M6 (clear weather, dry, daylight). The driver in front braked for “no real reason"" - his excuse at the time. As they were both travelling at about the same speed, and my son had almost come to a stop, it was a minor rear-end bump. My son's car (Corsa) suffered a cracked number plate. The other driver, scuffs on his rear bumper. At the time, details were exchanged, and they both decided to settle the issue between themselves, the other driver agreeing to get an estimate and sending this to my son. They both continued on their way as the damage was so minor.

However, the next day the other driver texted to inform my son that he would be claiming via my son's insurance for the damage. My son thought this a little strange, but had no option than to agree to this. My son had his car checked next morning at our local garage, who informed him that the seat-belt tensioners had not activated (neither had the air-bag) and that his damage was, indeed, confined to the number plate. He also contacted the police, who said, as we suspected they would, that no action was needed as there had been no injuries. His car's damage has been photographed as part of the claim, although I fail to understand why as he is not making a claim. He then heard nothing for three weeks. His insurance renewal has now arrived, depriving him of three years no-claims (fair enough, he has now had a claim) but when he queried what was happening about this claim, he was informed that the other driver's car was a write-off and the driver was now also claiming for "injuries sustained".

He questioned his insurers for more details and has now requested copies of all documentation, including medical reports and photographs of the other car. He was told that there might not be any such photos, and that the other driver had said on his statement that he didn't know why he had braked. My son is becoming increasingly uneasy about this claim, which seems to be escalating rapidly and suspects there may be more to it. He is beginning to think that the other driver may have thought about the situation once he got home and decided there was something to be made. We would very much welcome your input/advice.

Asked on 19 January 2013 by HB, Welton, Lincoln

Answered by Honest John
Because your son is suffering a significant financial loss due to the other driver's claim, he should sue the other driver for this loss spread over five years' increased insurance premiums, using the small claims track of the county court via www.moneyclaim.gov.uk He should also inform his insurers that this is what he proposes to do and inform the other party that this is what he proposes to do, pointing out that another fraudulent claimant recently got nine months jail time for trying this stunt.
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