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  • FIRST POST
    • dstill
    • By dstill 17th Aug 16, 9:31 PM
    • 76Posts
    • 16Thanks
    dstill
    No blame accient driver gone awol
    • #1
    • 17th Aug 16, 9:31 PM
    No blame accient driver gone awol 17th Aug 16 at 9:31 PM
    I'll try and keep this as brief as possible.


    I got hit from behind in my car when I was stationary at a roundabout, pulled over and took the drivers details.


    The claim was processed and I was injured as a result and made a claim. The claim took 18 months to resolve, during that period I had to renew my car insurance and as the claim wasn't settled at the time they increased my premium by £100 saying it may end up that it was my fault, ludicrous I know but I understand they have protocols to follow.


    The other party's insurers couldn't get in touch with the other driver and they eventually gave up after sending out investigators etc. over the 18 month period. Basically he just avoided then like the plague, I do think that he said he was the insured driver at the time of the accident but I now doubt he really was.


    My question is this, now the other party has agreed to settle the personal injury claim on a 'without prejudice' basis will my insurers refund me the additional premium as the claim is now settled and will this go against me as a fault claim in the future?


    Thanks in advance.
Page 1
    • Quentin
    • By Quentin 17th Aug 16, 9:42 PM
    • 30,266 Posts
    • 14,362 Thanks
    Quentin
    • #2
    • 17th Aug 16, 9:42 PM
    • #2
    • 17th Aug 16, 9:42 PM
    It won't be a fault claim if your insurer gets reimbursed. So will be a no fault claim

    Assuming you stayed with the insurer at renewal then you should get a premium adjustment as well as any lost Ncd reinstated
    • OnanTheBarbarian
    • By OnanTheBarbarian 18th Aug 16, 8:13 AM
    • 1,302 Posts
    • 783 Thanks
    OnanTheBarbarian
    • #3
    • 18th Aug 16, 8:13 AM
    • #3
    • 18th Aug 16, 8:13 AM
    You need to inform your insurer that your PI claim has been settled so your insurers can make an approach to the third party insurers for their outlay to be reimbursed.

    Insurers are incredibly lazy when it comes to recovering their outlays
    • dstill
    • By dstill 19th Aug 16, 12:38 PM
    • 76 Posts
    • 16 Thanks
    dstill
    • #4
    • 19th Aug 16, 12:38 PM
    • #4
    • 19th Aug 16, 12:38 PM
    Sorry, i should have explained the insurance bit more clearly.

    The car I was driving at the time of the accident was my partners car which i'm insured on. My solicitor has dealt with the personal injury side of things, the other parties insurers have settled on a without prejudice basis (paying out for personal injury) as they couldn't get him to respond to anything.


    Therefore i don't think my partners insurers have done much, its all a bit confusing!

    Am I being sensible thinking that as the other parties insurers have paid out for the personal injury this case would be considered not my fault?
    • Quentin
    • By Quentin 19th Aug 16, 1:13 PM
    • 30,266 Posts
    • 14,362 Thanks
    Quentin
    • #5
    • 19th Aug 16, 1:13 PM
    • #5
    • 19th Aug 16, 1:13 PM
    Who paid for your partner's repairs?


    If no claim was made/partner paid for repairs/third party insurer paid for partner's repairs in full then this is a no fault claim
    • dstill
    • By dstill 24th Aug 16, 1:23 PM
    • 76 Posts
    • 16 Thanks
    dstill
    • #6
    • 24th Aug 16, 1:23 PM
    • #6
    • 24th Aug 16, 1:23 PM
    Hi Quentin, i'm assuming my partners insurers paid for the damage as she had to stump up the excess to them. However, i haven't directly asked my partners insurers this question.
    • dstill
    • By dstill 12th Oct 16, 8:34 PM
    • 76 Posts
    • 16 Thanks
    dstill
    • #7
    • 12th Oct 16, 8:34 PM
    • #7
    • 12th Oct 16, 8:34 PM
    I've eventually discovered that my partners insurers settled the claim on a 50/50 basis. They said they had to as they never were able to track down the other driver to discuss it with him and he denied that he was ever involved in the accident. I still find this astounding given that they know I was sat stationary and he drove into the back of me!!

    I'm now wondering where i can go with this as i don't want to be penalised for something that is clearly not my fault when i renew my insurance. I know i'm up against it here but wondered if there is absolutely anything i can do and where i can seek any advice on this.
    • Kim_13
    • By Kim_13 12th Oct 16, 9:15 PM
    • 879 Posts
    • 860 Thanks
    Kim_13
    • #8
    • 12th Oct 16, 9:15 PM
    • #8
    • 12th Oct 16, 9:15 PM
    I've eventually discovered that my partners insurers settled the claim on a 50/50 basis. They said they had to as they never were able to track down the other driver to discuss it with him and he denied that he was ever involved in the accident. I still find this astounding given that they know I was sat stationary and he drove into the back of me!!

    I'm now wondering where i can go with this as i don't want to be penalised for something that is clearly not my fault when i renew my insurance. I know i'm up against it here but wondered if there is absolutely anything i can do and where i can seek any advice on this.
    Originally posted by dstill
    Financial Ombudsman. Don't get your hopes up though. They sided with my father's insurers when he was scammed by a driver who invented an accident and gave a different version of events every week.

    50/50 is a good result for a case like this as insurers usually record a fault claim when they cannot recover their costs, even if their client is completely innocent.

    There might be something for victims of uninsured drivers, but it would be a long shot as you can't prove that the other driver wasn't insured.
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