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    • PrincessLou
    • By PrincessLou 14th Oct 16, 1:03 PM
    • 451Posts
    • 1,716Thanks
    Claim against insurance company in liquidation
    • #1
    • 14th Oct 16, 1:03 PM
    Claim against insurance company in liquidation 14th Oct 16 at 1:03 PM
    *I'm posting on behalf of my husband* The following is his question:

    I'm in a difficult position regarding an accident claim on my motor insurance.

    Back in April I had an accident that was not my fault. It was clear what had happened and I had a witness. The other party was a foreign national in a hire car.

    Following the accident, I put down an excess for my car to get repaired whilst the liability was being settled. It was dragging on for a long time but I was told this was usual for hire cars and I don't think the other driver had explained properly what had happened.

    Last week i spoke to my insurance company and they informed me that the other party's insurance company was Enterprise, a Gibraltar based company that has recently begun proceedings to go into liquidation. They informed me that there would now be a very lengthy process to try and claim back their money and my excess from that insurance company and i should be prepared not to get it back.

    They also told me that as this would likely go into my next policy year and beyond it would be treated as a "my fault" accident whilst the money has not been recovered. This would put my premiums up for years to come.

    I've been offered legal advice as I have full legal cover, but wanted to get some view on here on where I stand.

    Is it likely I will get my excess back? Would my claim not be covered by the UK/Gibraltar FSCS?

    Is it right that my premiums go up when it is not my fault? Should unrecoverable losses in this case be treated as accepting liability?
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    • paddyandstumpy
    • By paddyandstumpy 14th Oct 16, 1:06 PM
    • 190 Posts
    • 55 Thanks
    • #2
    • 14th Oct 16, 1:06 PM
    • #2
    • 14th Oct 16, 1:06 PM
    Fault/non fault when disclosing a claim isn't determined by who was to blame for the accident, it's determined by which insurer paid both parties.
    Unless your insurer recovers their outlay, they'll chalk it as a fault claim.
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