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Insurance advice
Don't Leave The Keys In...
August 28th, 2008
Fleets Warned Over New Health And Safety Penalties
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Induced Accidents
The Metropolitan Police area is one of a number of regions within the UK that is experiencing a high level of deliberately induced road collisions.
Organised criminal groups are targeting companies who operate vehicle fleets within the M25 area by deliberately causing collisions in order to defraud their insurers. Operation Catcher is a Metropolitan Police initiative, intended to identify an offence when it happens, prosecute the offenders and, as a result, reduce the incidence of this type of crime.
What are the features of an induced collision?
The criminals will use two cars to target their victim. These cars will get ahead of the Company vehicle in steady moving traffic, the first will then brake hard or make an unexpected manoeuvre, this will cause the second car to brake hard (often using the handbrake to avoid alerting the intended victim) and result in a collision.
The first car will make off while the second, now damaged car will stop. The occupants of this second car will make a point of blaming the car that has made off and appear to sympathise with their victim - you.
The criminals are most frequently from the Asian community - Afghan, Bangladesh or Pakistani. (Not exclusively but a common feature in London)
There will often be at least three occupants in the car.
Driver details are often already written down and insurance and registration documents are carried in their car.
The driver will speak English while the other occupants do not.
It should be noted that these features are a guide only and all elements may not be present at every induced collision.
What action should the driver take if they genuinely believe they have been the victim of an induced collision?
Your first action is to immediately call the Police on the non-emergency number 0300 123 1212 and say that you believe you have been involved a deliberately induced collision - give the index number of the other vehicle.
You MUST tell the operator that you need an OPERATION CATCHER response. The sooner you call us the more time we have to get to you. Do NOT inform the other vehicle you have called the police as they will probably leave the scene.
Make a mental note of who was driving; it is very important you can identify this person to the police.
Exchange details as you would normally do but take your time; this will give the police time to get to you. Take details of ALL occupants - you can say that this is company policy because of recent experience of personal injury claims.
Make a note of the car that drove off and make a note of where you first saw it - this will help the police trace it later.
The police will do their best but can't guarantee to get to every call before the exchange of details is complete. In these circumstances it would be helpful if drivers could:
Photograph damage to other vehicle and photograph driver.
Retain any papers supplied by the other driver in a plastic bag and avoid any unnecessary direct handling (This can be taken by police later and forensically examined). A self seal food bag would be ideal.
Make a note of the car that drove off and make a note of where you first saw it - this will help the police trace it later.
Call the police back and tell them that the other vehicle has left the scene and the direction it went.
A police officer will contact the driver and/or the company over the following days in order to pursue the investigation.
If there are any questions about this initiative please contact the Road Crime Intelligence Unit on 0207 161 1011 (Mon - Fri)
Insurance advice
As we seem to be rapidly approaching the onset of winter, the number of claims involving theft of cars and vans left with their keys in will soar, as vehicle users leave their engines running trying to defrost before leaving for work.
Insurers will have difficulty in justifying payment for any theft where the user has clearly left the vehicle unattended, and whilst a number of complaints against insurers over claims being turned down have been upheld by the Financial Ombudsman, the issue of whether a vehicle is unattended or not, or reasonable care of the vehicle has been taken, can be a little subjective. And subjectivity is the last thing you want when you need a claim to be paid.
Simple rule for drivers - Don't leave the keys in, and lock your vehicle whenever you leave it - even if it's on your drive.
As Brokers, we haven't failed yet in getting a claim paid where keys were left in, but we don't want any of our clients to ruin our unblemished record! Click the link for an interesting report by the Financial Ombudsman.
As the credit crunch bites and costs come under closer scrutiny, companies are more sensitive to increases in insurance cost.
Premiums are beginning to rise now, and unless your broker approaches the marketing of your insurance policy with fleet management clearly on the agenda, the chances are you're not going to get the best deal when your policy falls due for renewal.
Proactive fleet risk management can pay solid dividends in stabilising your insurance cost and reducing it in many cases. Often there is little financial outlay, other than an investment in time to implement better systems of management.
Talk to us in good time, and we can work towards putting the very best market presentation to insurers.
You'll see the difference.
Many insurers are very comfortable with including vehicles under a fleet policy which are personally owned and registered to company directors.
The major benefits are that invariably driving restrictions do not apply (other than for high performance vehicles ususally), the premium contribution personally is by benefit in kind on the P11D (not out of taxed income), and most importantly there isn't usually a no claims bonus to lose.
Legal issues
Did you know that photo style driving licences are only valid for a period of 10 years?
The first ones were issued in July 1997 and will expire this summer, and, whilst reminders will be sent (and a new application required at a cost of £17.50), many drivers may ignore the paperwork, believing that the need to re-apply doesn't apply to them.
It is imperative that you undertake DVLA Licence checks annually and that you carefully scrutinise both parts of the new style licence. Failure to do so could lead to you allowing drivers to use your company vehicles illegally.
The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6th April, introduced a new UK criminal offence.
Companies, partnerships and other organisations can now be prosecuted if there has been a gross failing in the management of Health and Safety, which has fatal consequences. It will be the organisation involved which will be guilty of an offence which could lead to an unlimited fine.
This has particular relevance to Fleet Operators where a fatal accident could lead to a prosecution where, for instance, it could be proved that drivers have not been adequately trained or vehicles properly maintained.
Some Motor Fleet insurers are beginning to include defence costs arising from prosecutions under the new Act in their policies but not all have done so yet.