Double whammy after accident

anniebanana

Hi...first post.

In April I had a large dog run in front of my car. It died. The car was damaged to the tune of £2100. I lost my voluntary excess of £300 . I had to hire a car for 10 days and with various extras I have shelled out about £700. The insurance company DirectLine have increased my premium and reduced my no claims. I tried to sue the dog owner but they say they have no cash. Can I sue my insurance company?

talulahbeige_2

Can you explain why you want to sue your insurance company?

anniebanana

I am going to be out of pocket. I have fully comprehensive insurance. The dog owner has "no money"...sooooooo can I effectively sue anyone else?

gordikin

No, you can not.

mattymoo

Nobody else other than the dog owners.

I assume they did not have household or pet insurance cover that would cover damage caused to third parties by the dog?

Nothing to stop you sueing them anyway and then asking the court to send the bailiffs in to recover property to that value. Depends on how far you want to take it and which way your moral compass is pointing.

Quentin

The dog owner is responsible. Are you sure they have no cash? If you sue them and win you can get the court to verify their financial position and can agree an instalment arrangement - or you might get satisfaction via the bailiffs.

Your own insurer isn't liable. But if you are successful getting reimbursed your uninsured losses, inform them and they may be able to also pursue the dog owner to reimburse them. If successful, they will reinstate your ncd.

anniebanana

Thank you Matty Moo. I suspected as much. I am annoyed that I am out of pocket...that the dog died for their carelessness....and that the insurance company is clawing its cash back from an innocent party(me).


Simon P they loved it so much that it was running unattended on a dual carriageway at night....with no lead ....responsible...my !!!!!

Buddug_2

I think you should ask the dog owner if they have cover under their household insurance for such claims - I remember years ago someone's horse damaged a car, and the horse owner was covered under their household insurance. You don't say how the accident happened - did the dog slip it's lead or was it running loose? If the owner was out walking their dog without a lead on, then (although I feel every sympathy for them losing their dog) I think they should offer to pay all or at least some of your repair costs. You can't sue your insurance company, they've provided the cover you paid for and so can't be held liable.

anniebanana

Simon P see PM'S

Buddug The dog was one of a pair of Akitas. They were on the hard shoulder of a dual carriageway at 2145 in April and they were not restrained. The dual carraigeway was at a junction with merging traffic. One dog ran out ...one didn't. I hit the dog. I then took it to a vet and paid for its treatment. I am not claiming that. I only mention it because SimonP thinks I am of dubious character. The family involved say they have no insurance of any kind. Those are the facts .

talulahbeige_2

anniebanana wrote: »

I am annoyed that I am out of pocket...that the dog died for their carelessness....and that the insurance company is clawing its cash back from an innocent party(me).

Fair enough your annoyed, I would be too BUT you chose the policy. I'd place a bet that it was one of the cheapest your could find!

daveyjp

You took out insurance to cover you for these exact cirumstances - damage to your vehcile and you knew the consequences of having a high excess and not protecting your NCB (if this was possible).

You don't have to go with Direct Line - shop around you may find cheaper cover despite your accident.

Even if you sue and win you still have to declare the accident and your insurance may increase anyway.