Is my mum being ripped off?

[1993obj]

My mum had an accident that was her fault the other week. All is going through the insurance. However, the value of their car is worth less than the outstanding finance. The couple involved have a shortfall of ££££ due to outstanding finance.

When I have had a new car I've had bridging insurance to cover this shortfall. However this couple didn't have this and so the insurance will only pay out the value and not cover the outstanding money.

The couple rang my mum who is mid 70s and told her that without the money they will be unable to afford a new car and so they want her to pay for the shortfall.

She is aware it is her fault and was made to feel guilty. I don't want my elderly mother being taken for thousands of pounds if these ppl are just chancing their luck but I do understand she feels it is her fault and wants to put things right but is this right? Should she be paying this or is it their fault for not having the correct cover on their insurance and therefore its tough? I've never claimed on insurance or had an accident so no idea how it all works.

I know I'm a bit late here but your mum's insurance will pay what the other party is legally entitled to and no more. So them threatening to take her her to court is an empty threat and even if they do she just passed any court papers straight to her insurers and they will deal with everything.

Tell your mother to not answer any more calls (block) or enter into any correspondence with them.
The other party can buy another car with the insurance pay out and continue to pay off their loan, which is a separate issue and their responsibility alone.
They are trying it on and legally and morally don't have a leg to stand on. They would still be paying for their car if they didn't have an accident so why do they think this claim should put them in a better position than before?!
Unfortunately most cars bought on finance start with an inflated price, hence even with non-fault claims paying out top market value, they will be out of pocket as they paid over the odds for it. Not your Mum's fault.

@Aquamarine1029

This is a separate issue entirely, but is it possible your mum is no longer safe to drive? You may need to speak to her about it, ask about her vision, etc.

Are you serious? People of all ages have accidents that are their fault but because she's 70+ suddenly you're suggesting she could be unsafe to drive?!

Sounds like they pull these scams a lot and are known to the police for it. Assholes.

@1993obj So so pleased the Police stepped in, I actually said "Thank god for that!" out loud. I totally get the concern, I have a 76yr old Mum who drives and would've just handed the cash over.
Please keep us updated
For your Mum x

Perhaps send your Mum a real bunch to cheer her up?? Just an idea :) x

That's Good news OP.

To me it sounded like some sort of scam, they should have been vigilant of your dm pulling in

Thank you, it does to me too. I'm pleased they acted so quickly and I was concerned that if she handed over this money they would be back for more with other excuses.

Thank you Cantbreathe2020 I'm sure she would appreciate some I'm sure.

Your mum is lucky to have you looking out for her!

(And the police of course)

No they should have had gap insurance to cover this.

Well done op for involving the police. They sound like scammers.

10 years ago I had a gorgeous wee streetka which I loved so much. Unfortunately a hit and run untraced driver hit my car while parked and wrote it off! The value of my car was less than what I owed to the finance company so I was left with a £2000 shortfall. I ended up using the insurance money to buy a wee cords until I paid off the existing finance. I always take gap insurance now

Corsa, not cords lol

My DH wrote off a van without gap and we paid the remainder up in installments until it was gone. It was shit but it was the gamble he took not the other parties fault.
Its definitely a scam

Oh, did I read this right. The police actually confirmed that your mother wasn't at fault with regards to the accident? This actually would not surprise me btw because technically, it isn't all that clear cut if your mother was ahead of them and continuing to drive as they could be deemed to have driven into her. At least, it should be more like 50:50 liability. Sounds to me as though it is a complete scam with minimal damage to their car and them trying to extort money from your mother by insisting that she is to blame and trying to intimidate and emotionally blackmail her.

No sorry on reading that back I can see why you thought that. They were told it was their fault they didn't get gap insurance not their fault for the accident. Krampusasbabysitter that's exactly what I thought was happening.

Thanks for explaining. That said, I still don't think it is such a clear cut situation in terms of fault but would suggest that they possibly instigated this accident or at least are trying to scam and profit from it. Fingers crossed that your mother will no longer be bothered by them.

They have contacted her a few times this week about it and once mentioned solicitors and that their insurer advised them to go to the small claims but that they don't want to do that and hope to avoid it.

I’d be very surprised if insurers had said to go to small claims court - they’re very used to dealing with gaps between car value and insurance and will know your mum has no liability for the other parties uninsured costs in relation to the car. Glad the police are taking it seriously- what a worry for you all.