Question
You are a claims handler for WJF dac, a motor insurer in Ireland. One of WJF dac's policyholders is Mr Birch who has a comprehensive
You are a claims handler for WJF dac, a motor insurer in Ireland. One of WJF dac's policyholders is Mr Birch who has a comprehensive private motor car insurance policy for his car. You receive a telephone call from Mr Birch about a recent incident. Mr Birch informed you that his car had broken down and he telephoned his friend, Miss Stevens, who agreed to tow his car home using her own car. She used a tow rope to attach her car to Mr Birch's car. Miss Stevens drove her car, whilst Mr Birch steered his towed car. Whilst driving, Miss Stevens momentarily forgot that she was towing a car and began to drive her car out onto a roundabout. A third party vehicle approached at speed from the right and crashed into Mr Birch's car. As a result of the impact, the tow rope snapped, but no damage was caused to Miss Steven's car. The following claims subsequently arose from this incident: Damage to Mr Birch's car. Damage to the third party vehicle. Personal injury to the driver of the third party vehicle. Personal injury to three passengers in the third party vehicle. Mr Birch maintains that the third party driver had deliberately accelerated their vehicle towards his car to cause a collision. He also states that there were no passengers in the third party vehicle. WJF dac insure both Mr Birch and Miss Stevens cars under separate private car insurance policies. WJF dac are not the motor insurer for the third party vehicle. a) Outline the Road Traffic Act (RTA) position with regards to Miss Stevens' towing of Mr Birch's car, citing relevant case law. (4 marks) b) Discuss the extent of cover under the private car insurance policies issued by WJF dac for the claims that arose from this incident. (18 marks) c) Explain, with justification, four actions you would take to investigate the allegation of claims fraud. (8 marks)
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