Car Insurance claim are they pulling a fast one

impy78

Have you heard anything yet?

SkippyB

Just a quick point for you...if this male had no previous problems with regards to fits, seizures etc. Then he is going for a defence known in law as 'automatism'...this ranges from sneezing to bee stings... definition being as follows....

''The defence of automatism may be relied upon by a defendant, if it can be shown that the defendants suffered a sudden mischance for which s/he was in no way to blame and which rendered him/her unconscious or otherwise prevented him/her from controlling the vehicle then the defendant will not be held to have been "driving". An example is a blow on the head from a stone rendering the defendant unconscious. The defence has also been known to extend to a sudden epileptic fit or loss of consciousness.''

(just to prep you up for what you could be facing!)

Good luck and keep us updated!

patgc

Have just phoned Privilege again. They have heard from his insurers who say that there is no history in his medical records to cause seizures. Privilege have asked for 'sight' of the records for their own opinion. Things dont look too good, maybe our only way would be to start our own action against him, but if he uses this defence of 'Automatism', we dont really have any chance.. Will keep you all posted on any developements.

patgc

Have been in contact with Privilege again today and they say that the other insurers say that there is nothing in his medical records to suggest that he had any condition that could acount for the seizure. Privilege have asked for sight of the records to make their own conclusion. Doesnt sound very good to me. I can see my £150 excess disappearing into the mud. Even if we took out our own suit against him personally, he could use this defence of 'Automatism' and we would lose. Privilege still say that if it is proved that he didnt know he could have a fit, there is no case against him.

Savvy_Sue

I remain confused about how anyone - even an insurance company - can class this as a 'fault' claim against you when they KNOW who drove into your parked car! When someone sliced down the side of our car they weren't kind enough to leave details so although it wasn't our fault we took it on the chin as a 'fault' claim, but this is different!

Where are you with their internal complaints procedure and ombudsman?

solarstone

patgc wrote:

I am insured with PRIVILEGE . I keep phoning them, but the say they are waiting on the other Insurer who does not admit liability. Surely this cant be right.

Although not the same incident I am being spun precisely the same yarn by Privilege. It seems they are reading from a script.

My incident involved being rammed by a petrol tanker changing lane, and the driver said in his words "I don't think there's any question that was my fault." I had a replacement car whilst mine was being repaired and that company said that the 3rd party insurers would NOT be contesting liability. This happened at the end of October.

I have been phoning Privilege on and off for the last 3 months, and received differing statements every time. I have heard all the excuses they have given Patgc, almost word for word.

I phoned today to be told wait another 3 weeks and phone us again. I AM SICK OF THEM !!!

I am writing to them with the Ombudsman threat.

Bossyboots

Savvy_Sue wrote:

I remain confused about how anyone - even an insurance company - can class this as a 'fault' claim against you when they KNOW who drove into your parked car! When someone sliced down the side of our car they weren't kind enough to leave details so although it wasn't our fault we took it on the chin as a 'fault' claim, but this is different!

Where are you with their internal complaints procedure and ombudsman?

I have recently come across another claim of a similar sort to this in which the no fault driver was only able to succeed in his claim because it was proven from the victim's medical records that he had not in fact had a "medical incident" causing him to hit the other vehicle. Until that point, the same stance had been taken that as the incident was out of his control, no claim could be made against him or his insurers.

ArchieB_2

Savvy_Sue wrote:

I remain confused about how anyone - even an insurance company - can class this as a 'fault' claim against you when they KNOW who drove into your parked car! When someone sliced down the side of our car they weren't kind enough to leave details so although it wasn't our fault we took it on the chin as a 'fault' claim, but this is different!

Where are you with their internal complaints procedure and ombudsman?

If they can't make a recovery then you get your NCD reduced. Theft claims are not your fault but you still lose bonus. Privilege seem to be operating as per the rest of the market. Maybe the market should treat these cases diferently by not stepping back bonus.

nadnad

i work in insurance. basically like most people above have said - if this driver has never had a fit before then you are screwed. the law will uphold that it wasnt his fault. i know it seems unfair but thats the way it goes. if you are still not happy then i suggest you make use of the legal expenses cover to try and get back you uninsured loss - ie your excess - at least then your solicitor will tell you the lie of the land and you will trust in whats happening. I know a lot of people dont trust insurance companies, but seriously - if they think they have a chance of recovering this money they will try. Poeple are shocked by this aspect of insurance - I will give another example that will make your blood boil - if your car is stolen and the thieves hit another car or knock someone down - then the claims will be against YOUR insurance and your no claim bonus will be affected! - i was annoyed when i heard that one as well. Basically if there is insurance - it will be used - someone has to bear the brunt, and in situations like these its not always the person that should. It is vaguely possible that if enough pressure is put on the other insurance company they may make an ex gratia payment as a gesture of goodwill - but i dont know about this as you are not their policyholder - its worth pushing though.

patgc

Well, still nothing to report. Phoned Privilege Friday only to find that supposedly they should have had a letter from the other Insurers dated 20th Jan but they hadn't received it and hadn't chased it up !!!!!!. Think I have been patient enough. Have today posted a strongly worded letter telling them that I am not happy and threatening them with the Ombudsman.