car burst into flames !

gordikin

Yes someone is liable for the damage, unfortunately it may well be you and your partner.

darich

Dangermac wrote: »

Even if the policy has an exclusion (similar to the RAC one above), the FOS will look at the spirit of the policy/exclusion as opposed to the actual words.

The thing is, while in the "spirit" of the policy may lean towards the policy holder, the wording doesn't say anything that gives a get out along those lines.

Dangermac wrote: »

I dont agree that the DOC policy becomes the 'primary' policy because the DOC is simply indemnifying the driver in respect of 3rd party liability.

What I meant was that if I was driving your car, then it would be my DOC cover that would be active even though you had insurance of your own. In the event of an incident while I was driving then it would claimed under my DOC cover, and not your policy.

Dangermac wrote: »

I think the spirit of any such exclusion (i.e like the RAC one above) is mainly to exclude Accidental Damage whilst a non-additional-driver is at the wheel.

Possibly...but it doesn't say that. The clause explicitly states that damage that occurs when the car is driven by someone not on the policy is not covered.

Dangermac wrote: »

I think that there's a 'lot of pool left in this game' before I would resign myself to the insurer not paying.

Couldn't agree more....I'd be fighting this further despite my posts. I'm trying to be objective and a bit of devil's advocate....not deliberately trying to argue with you :beer:

tilly67 wrote: »

someone is liable for this damage and we cannot be out of pocket for £2000

I'd continue to fight and you may well find the insurance sides with you. Unfortunately, there's also a possibility that you are right in the above quote - and the "someone" might be you.

Hope you get it sorted and keep us updated.
Good luck.