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no fault claim = car insurance doubling!!!

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Comments

  • mikey72
    mikey72 Posts: 14,680 Forumite
    Lauren-C wrote: »
    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 !

    I've seen that claim about statistics only recently.
    It never used to be a statistic when I had a claim about 20 years ago, as being hit by a third party was seen as a random event that could happen to anyone, a second sooner or later and it would have been the driver in front or behind you.

    Can you give me a link to the source of this?
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    keeley1973 wrote: »
    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). ......

    Lots of companies now have it in the policy wording that the policy ends on a total loss pay out, with the full premium having to be paid.

    A search through this or the motoring forum will reveal which companies do it
  • nqt2010
    nqt2010 Posts: 17 Forumite
    Well it would seem I have started some kind of debate!

    In response to a few questions....originally my insurance was put on hold allowing me to just change over the car details to the new car. I got a letter last week from my insurance company to say they have now cancelled and fully refunded my insurance. I don't know why, maybe its because I haven't got a new car yet and there are no signs of getting a new one any time soon. Maybe I should contact the insurance company and query this? I just thought thats what would happen.

    Also I think I forgot to mention I have got solicitors dealing with it as my insurance company were proving rather incompetant. Infact 2 weeks ago they rang me to say that they have just noticed my car was a total loss and so were going to sort out a hire car (had one from 2 days post accident thanks to solicitors). I don't know if everything is more complicated because the solicitors are involved? I've never been in this situation so have no clue!!

    Yes I am with a union and have tried using the insurance companies they are associated with, including Endsleigh and the discount proved useless to me. They all still quoted over £2500 when I went with the admiral group for £600.

    I think I have answered all the questions!?
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 24 January 2011 at 10:27AM
    vaio wrote: »
    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

    Before taking up this advice and offer take some advice over your prospects of winning! (Or get vaio to sponsor you through the court!)

    When you go to the scc you have to pay all the court costs upfront, these are non refundable.

    If you win your case then the defendant will be ordered to refund you your costs.

    But if you lose, not only have you lost all the court costs you will have paid upfront, (but will have to pay the defendants expenses incurred over the case).

    (Though were you to win, you'd have managed to set a precedent!)
  • mikey72
    mikey72 Posts: 14,680 Forumite
    edited 24 January 2011 at 10:35AM
    Quentin wrote: »
    But if you lose, not only have you lost all the court costs you will have paid upfront, (ut will have to pay the defendants expenses incurred over the case.

    (Though were you to win, you'd have managed to set a precedent!)

    Small claims court costs aren't dear, and while it is possible to have expenses awarded again you if you lose a case, it's very rare for the judge to award them. All you normally lose are the court fees.

    http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf
  • Quentin
    Quentin Posts: 40,405 Forumite
    mikey72 wrote: »
    Small claims court costs aren't dear, and while it is possible to have expenses awarded again you if you lose a case, it's very rare for the judge to award them.

    No, they are regularly awarded.

    Cases between companies and individuals are held at the individual's local court, and losers invariably have to pay the travel/hotel costs of the defendant and any witnesses the defendant brings, as well as loss of earnings etc.

    The defendant can also get reasonable costs for preparing the defence.

    When you say court costs aren't dear, the OP is talking about his premium rising £700 this year, so presumably would want to claim for an amount in excess of this (as he will claim his insurance is affected for years to come.).

    eg Were the claim over £1000, the court fees would be £170. If the claim was over £1500 they would be £265 and so on.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    Quentin wrote: »
    No, they are regularly awarded.

    Cases between companies and individuals are held at the individual's local court, and losers invariably have to pay the travel/hotel costs of the defendant and any witnesses the defendant brings, as well as loss of earnings etc.

    The defendant can also get reasonable costs for preparing the defence.

    When you say court costs aren't dear, the OP is talking about his premium rising £700 this year, so presumably would want to claim for an amount in excess of this (as he will claim his insurance is affected for years to come.).

    eg Were the claim over £1000, the court fees would be £170. If the claim was over £1500 they would be £265 and so on.

    I could just say
    No they aren't, as that is the principle of small claims. and I suggest you have a look in the fees above.

    But the op can take advice and do as they decide.
    Hopefully they will post back any outcome.
  • Quentin
    Quentin Posts: 40,405 Forumite
    mikey72 wrote: »
    I could just say
    No they aren't, as that is the principle of small claims. and I suggest you have a look in the fees above.

    Are you saying I have posted incorrect fees (in a round about way)?

    Not so.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    You'll have to tell me which page it's on

    http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf
  • Quentin
    Quentin Posts: 40,405 Forumite
    On that page you linked to.

    Why you being so awkward/unhelpful? Just stand corrected instead of all this!
    Quentin wrote: »
    eg Were the claim over £1000, the court fees would be £170. If the claim was over £1500 they would be £265 and so on.
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