no fault claim = car insurance doubling!!!

Quentin

vaio wrote: »

Lots of people saying insurance companies don't allow such claims

That's because they don't have to (your experience seem to be the exception) and to point out to folk encouraged by some to just claim any increase they see off the third party that they won't get it.

(And the courts definitely don't entertain it.)

vaio

Quentin wrote: »

This isn't a "new money spinner" at all.

eg Vaio experienced this 8/9 years ago!

You have always had to declare fault and no fault incidents.

when I did mine the increase I claimed was just over £100 a year on a base premium of about £200. This is a 50% increase.

FF to now and change me to a youngster who is already paying thousands for insurance and it's a significant (possible unaffordable) increase, more so if young driver has been dim enough to claim on his own insurance and so could well have had a recent policy ended on a total loss payout (with no refund)

Put figures on it:

youngster driving old £500 corsa

Current premium £2k with £500 excess, taken out in December and paid in instalments of £200 a month.

Dozy TP crashes into his car and writes it off. Youngster claims on own policy, insurnce write it off, give him the value less excess = £0 and end his policy on the total loss pay out leaving him to pay the outstanding instalments (or maybe even demand full payment)

Our driver now has no car, no money and no insurance but still still owes £1500+ on his ended policy.

Gets new car and finds the NF accident has resulted in the same 50% loading I experienced so his new insurance is £3k

He's out of pocket by £500 for the car, £1500 for the old insurance and £1k for the NF loading.

And people are saying that none of this is recoverable from the at fault driver?

Nonsense, and I'd bet good money that a county court judge would agree
.

student_84

Like Vaio has said your insurance might not have cancelled due to the crash, see if you can change the policy details over to a new car.

Are you a member of a union? I ask because I'm an NASUWT member and can get a decent discount through Endsleigh, also they enhance the cover to include damage in a schools' carpark by the little cherubs...... Maybe you could use your union benefits to help you.

vaio

Quentin wrote: »

That's because they don't have to (your experience seem to be the exception) and to point out to folk encouraged by some to just claim any increase they see off the third party that they won't get it.

(And the courts definitely don't entertain it.)

this is getting circular, i keep saying have you got an argument or link to law or reported cases and you keep saying the insurance companies & courts won't allow it but can't or won't provide any argument or references

I'm out.

OP....You should not be out of pocket s a result of another drivers error, if they don't pay take it to small claims, if you want help to draft your case PM me and I'll be only too happy to help

Quentin

vaio wrote: »

I'd bet good money that a county court judge would agree

You'd lose!

Were it the case that we could be reimbursed for increases in our premiums, don't you think the claim handlers would include this as part of their uninsured loss recovery list of items?

student_84

I like your logic Vaio, perfectly sound. However there needs to be a reported case as precedent to back this up in the common law. The judiciary can be quite reluctant to open up new avenues unless they are a natural progression of the law and do not go against convention.

vaio

At last, some debate.

My view...the legal position in a car accident the standard procedure is that, subject to the duty to mitigate and prove, the non fault driver is put back in the position that he would have been in had the accident not taken place.

There is plenty of reported case law affirming this principle and what I've been trying to get is something substantive (reported cases, laws or even just logical argument) as to why the costs I listed at the end of post 23 should be exempted from the "back in the same position" principle

mikey72

Well, if I'm ever in the position, I'll let you know, as I would be pursuing any loss. If the claim handlers don't pick it up, I'll be in small claims court myself.
Win or lose, it'll be worth the punt.

The last third party claim I made, after someone wrote off our car by pulling into me, and hospitalising both of us, paid personal injury, loss of a holiday, even the commission and loss on the money. And a new briefcase as the bottle of wine in it broke, plus a few other things, including the wine.
No rise in insurances, and my policy wasn't cancelled, so I could move it to the replacement car.
But it was twenty years or so ago, and it wasn't asked about on renewals, unless every broker in those days were wrong.

Lauren-C

The reason you are charges extra for a NF accident is because statistics show a person who has non fault incidents are more likely to make fault claims too.

You are not being charged for having the non fault accident - you are being charged for the increased risk of you now making a fault claim and costing your insurer money.

YOU had a non fault incident.
That means you are statistically more likely to have a fault accident.
Insurers base all their premiums on the risk/likelyhood of you making a claim.
You cant charge the TP because you are statistically more likely to have a fault accident !
It would be like claiming from your parents for your age !

keeley1973

student_84 wrote: »

Like Vaio has said your insurance might not have cancelled due to the crash, see if you can change the policy details over to a new car.

Are you a member of a union? I ask because I'm an NASUWT member and can get a decent discount through Endsleigh, also they enhance the cover to include damage in a schools' carpark by the little cherubs...... Maybe you could use your union benefits to help you.

This is correct. They should not cancel your policy just because you have claimed, particularly if they have made a full recovery from the other party Insurers. Every company I have ever worked for has allowed you to put a replacement vehicle on the policy until expiry (even for fault claims). Beware though, they may not be the cheapest on your new vehicle by quite a long way so you might want to cancel and start a new policy elsewhere. You just have to weigh up what you would (if anything) get back coupled with the potential loss of the current years No Claim Bonus.

I second about Endsleigh. I used to work for them and they do a great student, student teacher and teacher discount (with or without union membership - although that gives you an extra discount too). From memory they allow discount for NASUWT and NATFHE(?)