car Insurance-damage not my fault!

imported_Ducklet

I emailed my car insurance provider to advise them of an incident where my car has been left with a damaged bumper.

I had left my car parked in the staff carpark in a designated parking space and it was driven into by another member of staff. The incident was captured on cctv and described as ' deliberate' by witnesses. The police are also involved.

Here is the response i got:
I can advise that if you decide to make a claim then the status of the claim will be stated as Fault for both parties until the claim is settled.
.
I can advise that as you have 5 or more years No Claims Discount, this is automatically protected
Therefore, your No Claims Discount will not be affected.
If you make a claim you will need to pay an excess of £325.
If the claim is settled as a Non-Fault, you will get this excess back in the settlement amount.

This strikes me as being dodgy, should this not be processed as a non-claim not a non-fault as i am the :A innocent party?:mad:

Quentin

There is nothing dodgy. If there is no claim, then your record will show that.

You could reinforce this by confirming to them you do not wish to make a claim, and your report was for info only.

(Assuming you are going to pursue the third party over this direct)

dacouch

When you report a claim all insurers regard it as a fault claim until they or you have recovered your losses from the other party thus proving it was not your fault.

You have opted for an excess of £325 on your policy and you are responsible to pay this if you claim for the repairs from your Insurer.

You can try and recover your excess from the other Insurer after you have paid it (Which would prove the accident is not your fault). The alternative is you could contact the other Insurers and ask them to repair your car at their expense which means you pay no excess.

I hope this helps

imported_Ducklet

Thanks for the feedback, how do i pursue the third party(i take it that would be the other parties insurance company?). Preferably without having to payout my excess! Do i contact their insurance directly?

Quentin

You can if you have their details. (If not write to the guilty party themselves).

Write to them with an estimate for the repairs from your bodyshop.

Tell them you hold their insured responsible, and ask that they confirm they will pay all expenses you incur over the incident. (You may need to hire a car etc whilst yours is in dock). Ask them to let you know if they want to inspect the damage before you get it fixed. Ask them to reply within (say) 14 days.

Normally you would get the job done, pay for it then send them the bill to be reimbursed. There is no excess to be deducted - you get all your reasonable costs reimbursed. Though some insurers drag their heels over dealing with third parties, and mysteriously lose files etc, so never send them originals, and use recorded delivery for important correspondence. Keep a record of miscellaneous costs involved (phone calls, taxi/bus fares, postage etc) and add them on to your final claim from them, as well as something to compensate you for the inconvenience and time used up over this.

dogbot

Hi. If you have the other parities name, insurance company name, policy number and reg number (or just reg) then no problem. The police should be able to provide you with these details.

Telephone the insurer directly. You will be able to find a claims number on their website. Give all your allegations clearly with dates, times, location and description of event/damage. Provide the police reference number & force/station/officer details. They may already have a claim on their system or may set one up. Either way, should give you a claim number.

They should either direct you to one of their own approved repairers or have an engineer validate and authorise your own estimate. You have the choice to have your vehicle repaired where ever you like.

If you need one, ask about a replacement vehicle while yours if off the road. They should be keen to arrange this to keep you out of a credit hire vehicle.

If you have the CCTV evidence in the form of stills or video and the witness evidence then send these over to them with a covering letter or email. Be sure to include the claim number you gave them, date of accident and their insured's vehicle reg (just in case a digit gets written down wrong it helps to have those details).

Hopefully the guilty party will have already reported the matter and told his insurers what is going on.

If you have legal expenses cover on your own motor insurance, this can help you make the claim though a solicitor.

dogbot

Well, quentin and i must have been typing at the same time! All solid advice. Writing is obviously good for the records and setting deadlines for them is a must.

Good luck

Quentin

Yes, always do this sort of thing in writing, not by phone where you have no record to refer to later should problems arise.

(The police won't normally assist in giving you insurance details for a third party.)

mluton

If you do not follow up the claim with your own insurance company. It will still go on your record as you having a bump / claim, even though you never did.

Quentin

No.

Whether or not it is followed up as a claim against own insurer, this (like any other similar incident) goes on the history of incidents, and needs to be reported to any other insurer who asks if you have experienced any incidents (whether or not a claim was made).

mluton

Quentin wrote: »

No.

Whether or not it is followed up as a claim against own insurer, this (like any other similar incident) goes on the history of incidents, and needs to be reported to any other insurer who asks if you have experienced any incidents (whether or not a claim was made).

Thats what I meant. Better words.:D