Things John said

Can a local council avoid liability for damage by claiming it is an Act of God?
On 24 December my 77 year old mother parked her car (57 reg Mercedes CLK) in an open air car park owned by Runnymede Council. During the time it was parked, a recycling lorry opened the height restriction barrier to gain access to recycling bins. A gust of wind lifted the barrier into the air and it landed on the roof of her car and slid down the windscreen and bonnet. The car has 2 dents on the roof and the bonnet has scratches and damage to the paintwork. 2 independent people witnessed the incident. My mother's insurers submitted a claim to Runnymede Council and their response was that having consulted with the Met Office there were winds gusting at over 50mph on that day and so they are deeming it to be an Act of God and they have no liability. The barrier was apparently checked in November and found to be in satisfactory condition.
Does my mother simply have to accept Runnymede Council's response? Is there anything she could do? Her insurance company is suggesting she have the repairs done under her own insurance but she feels the Council were negligent in allowing the barrier to be opened in such bad weather?"

"They may deem it an Act of God. But a judge will probably deem it an Act of Negligence for lifting the barrier in a high wind. If your insurer won't take Runnymede to the small claims track of the county court then you should. The Act of God defence only applies where there is no contributory negligence."


http://www.honestjohn.co.uk/askhj/answer/51232/can-a-local-council-avoid-liability-for-damage-by-claiming-it-is-an-act-of-god-

Question

"Incorrect car insurance - is the dealer to blame?
I bought a manufacturer approved used car last week. As part of the deal I was offered seven days insurance cover among other things. I was also contacted by insurance company to extend the seven day cover to noe year. The quote was good so I called them to extend it.

In my conversation with the insurance company I found out that the dealer had misrepresented my information to the insurance company. Most important fact was that he put down that I've held a valid UK license for 15 years whereas I've only had it for less than an year.

I promptly had this corrected but I was told that not only can the company not give me insurance for next year but my 7 day cover was invalid as well. They also told me that dealer must have deliberately entered wrong information because he knew that their company's system would not have allowed a quote otherwise.

All of this happened even though I had given my license to the dealer to examine and I think he even made a photocopy. At no point did he ask about the time I've held my license.

At this point I feel that I have been cheated and put at great financial and personal risk because I was told by insurance company that in case of any unfortunate event any claim would have been refused. So I was driving around for 3 days with an invalid insurance cover. In fact, I had not called them I would have not known about it.

I have now obtained insurance elsewhere but what are my options? What should I do?"

Answer

"Another reader was told he had 7 days free insurance by a Jaguar dealer without the Jaguar dealer actually sending any of his details to the insurer. Within 18 hours he had a crash and found himself in very serious trouble, which the Jaguar dealer will be liable to sort out. Basically, this salesman has committed insurance fraud and should immediately be struck off the list of IFAs. Write to the Financial Services Ombudsman."

http://www.honestjohn.co.uk/askhj/answer/53900/incorrect-car-insurance---is-the-dealer-to-blame-

insurance settlement
I have had a insurance settlement because my car was stolen , then since found, as they were waiting for paperwork the settlement was not made, car was found and forensics have been all over it , I do not want it back , would that car have a stolen / recovered on its record to which I will never be able to sell it again for full value. Is the price they give you based on Private sale, Dealer sale or trade in please. Sorry two questions there?

If the car has been found then I don't think you have any right to refuse to take it back unless it is already classified as a Category D write-off, in which case you are entitled to the insurance settlement which will normally be based on a private sale price. They cannot make you take the car back with a Cat D label unless they compensate you for that. For help try tim.kelley@motorclaimgara.co.uk

http://www.honestjohn.co.uk/askhj/answer/59880/insurance-settlement

Hopefully the claims guru did not advise him on that answer us a lot of it is factually incorrect

oh dear...

Question

"Insurer wants to write off my car
I had an accident to my Toyota Corolla Verso 2005 reg plate, other driver admitted liability.Damage to front and rear passenger doors with scratches to bumper and wheel. My insurance company told me it is written off as non economical to repair (no mention of the category though). They want me to reply within 10 days though I am going on a 20 days holiday in 2 days. They want to offer me £2860 for settlement. I feel it is unfair as I am only owner of car from brand new and I had no problems with it whatsoever and just had MOT 2 months ago. What to do? Can I get my car back and drive it until settlement is agreed? I feel that they are applying so much pressure on me to agree and they put me under stress."

Answer

"Simply refuse to allow them to 'write it off' and demand its return. However, if they cut up rough and refuse to maintain your insurance on it, you are then committing an offence subject to points and a fine, so if you are about to go on holiday you are between a rock and a hard place. You would have to take it off the road and declare a SORN to stay legal. The sticking point with the insurer is probably credit hire for keeping you mobile while the car is being repaired. If you agree not to demand this then you may find them more friendly"

http://www.honestjohn.co.uk/askhj/answer/61916/insurer-wants-to-write-off-my-car