Car Insurance claim are they pulling a fast one

patgc

I am insured with PRIVILEGE . Our car was parked outsuide the house and another driver unfortunately had some sort of seizure (fit) and ploughed into our car. This was at the beginning of August. Privilege have said that the claim is on our policy and they very much doubt that they will be able to claim from the other drivers policy as it could be regarded as an 'Act of God'. and they cannot discriminate against Epileptics. He would not have got in the car if he knew he was going to have a fit. Wehave to prove that he knew he knew he could have a fit. All repairs have been carried out to our car and we have paid a £150 excess. I keep phoning them, but the say they are waiting on the other Insurer who does not admit liability. We now have a claim on our clean 35year driving history through no fault of ours. Surely this cant be right.

Bossyboots

Technically you can only claim if someone is negligent so privilege may well be right, but not necessarily for the way they explain it. They would not be discriminating against epileptics, that is a silly thing to say. Epileptics are banned from driving for a period of time. Are we to allow them to remain on the road to prevent discrimination? I think not.

The issue is one of negligence which it would have been if he had got in the car knowing there was a likelihood of a seizure. You would not be able to prove this without seeing his medical records and that is not going to happen. You insurers will not be pro-active in this. You could ask them to contact the insurers and ask for proof that his epilepsy was either unknown or believed controlled. I would suggest that if they cannot provide this, then they have to accept that he knew a fit was possible. If they will not do this, you can claim from them yourself and ask them for the proof direct.

patgc

Many thanks for that BossyBoots, but never having had to claim in 35 years, how do I go about claiming against them myself.

Bossyboots

patgc wrote:

Many thanks for that BossyBoots, but never having had to claim in 35 years, how do I go about claiming against them myself.

You need to inform you own insurers that you are going to take this over yourself so that you are not both chasing them.

You then write to them telling them you hold their insured responsible for the accident and asking for medical proof that he was passed fit to drive and that a fit could not have been anticipated.

If they do not play ball with this then you will need to take them to court.

I would keep pressing your own insurer to be more aggressive on your behalf at the moment though.

greenwich

This is complex, as you doubtless realise, so it's especially important for you to be cautious about any advice you get here. Having said that, a couple of points I'd add:

- If you litigate, be prepared for a lot of hassle and expense involving not just lawyers but also expert medical opinions. The cost will run into thousands, so only worth doing if you are insured for legal expenses or can get a no win no fee agreement with a solicitor (both of these will depend on your having a good chance of winning).

- The Disability Discrimination Act 1995 does have some unintended consequences. Just recently, a council failed in a bid to get an abusive tenant evicted from her council house. The Court of Appeal ruled that, as her abusive behaviour towards her neighbours was caused by her mental illness, it would be unlawful for the council to treat her less favourably because of it. With legal precedents like that, Privilege's lawyers may well be telling them not to take the risk of litigation.

patgc

Many thanks BossyBoots. I will start my campaign on Monday. I wont be so accepting of what they say now.

patgc

Yes, thats exactly what we thought, but its seems its not that way at all.

Justicia

Greetings! :j

As this was far from a "run-of-the-mill" insurance claim situation, I would be interested in any updates!

PM also sent to patgc, the OP

illmonkey

surly they are discrimating due to the fact they wont pay out for the other drivers fault. saying it "wasnt his fault" wont do. They should pay up, and then check out the persons health and if he should of been driving.

Marsh_Samphire

A very similar thing happened to my Mum - her car was parked and an 80 year old drove into it. There was no problem over the claim, it was totally his fault (they think he fell asleep) and I don't understand why it should be different for someone with epilepsy because, as Al Mac said, the other driver lost control and reason why is not your problem. He hit you, costs should come from his insurance company. Give Privilege a stern talking to. All insurance companies will do anything they can to get out of paying (I used to work for the big company with the umbrella).

patgc

Well, I am no far further on than I was when I asked the question. Despite ringing Privelege every couple of weeks, they latest reply was that the other party's Insurer is waiting for a letter from the chaps Doctor and they (Privalege) doubt they will hear anything before the end of the year. They have intimated that if they get no joy from the other Company, they may take the chap to Court themselves to recover the claim.That at least sounds like there is a glimmer of hope. I know I am only £150 (my excess) out of pocket, but I now have a 'strike' on my clean Insurance record of 35 years, together with the fact that when I renewed in November, it cost me £35 more than if I had not claimed. (Privelege said this would be refunded if the claim is successful ), so the sorry saga continues.