no fault claim = car insurance doubling!!!

vaio

sevepally wrote: »

It sounds like you were lucky, and they just nodded your claim through.

So people keeps saying, I must have been really lucky to get an altruistic company like Direct Line who just nod invalid claims through, probably dancing & singing “hey it’s only money” as they do so.

The other view point (which I am more inclined too) is that DL, in traditional insurance company style, denied the claim, probably on the grounds that “we’ve never paid that” right up to the point where the copy of the county court claim arrived at which stage they thought……

“humm, he’s not going to give up on this, what’s our defence? It’s a foreseeable cost, confirmed by another insurance company as being solely attributable to the accident. Looking at the “back in the same position” principle we don’t have a defence so pay him”

Much the same as here, lots of people say you can’t claim it but nobody saying WHY, when looking at the “back in the same…..” principle, a demonstrable NF insurance loading cost should be treated any differently from a bent wing, loss of earnings or hire car cost. All are consequences of the negligence of the at fault party and therefore recoverable.

Quentin

Vaio, you were lucky, all those years ago. Someone at DL with the authority to pass claims maybe took the easy route and signed it off, rather than have to enter into correspondence over it.

Were this the norm, don't you think we would all be advised by solicitors/claim handlers/newspaper columnists/MSE posters etc to make sure they added it to their claims?

And where are the others with anecdotal evidence like yours?

vaio

Quentin wrote: »

Vaio, you were lucky, all those years ago. Someone at DL with the authority to pass claims maybe took the easy route and signed it off, rather than have to enter into correspondence over it.......

They were quite happy to enter into correspondence denying the claim and, as I said, were indeed doing that right up to the point where the copies of the county court claim forms arrived on somebody’s desk. Maybe it wasn't lucky, maybe it was someone able to pass claims looked at it and thought “we can’t defend this”

Quentin wrote: »

.....Were this the norm, don't you think we would all be advised by solicitors/claim handlers/newspaper columnists/MSE posters etc to make sure they added it to their claims?....

It is the norm in my life, I incurred a cost as a result of a NF accident and recovered that cost from the TP insurer

On “fairness” grounds I don’t think anyone would argue that my case shouldn’t have been paid or that the example I gave in post 23 shouldn’t be paid.

On legal grounds, it ticks all the boxes for damages in tort, including the duty of care, breach of that duty, harm and causation.

Frankly it’s impossible to defend against as can be seen by my case and the fact that even the normally informative & knowledgeable people on here can’t come up with any reported cases or even logical arguments against it and are reduced to just repeating “they don’t pay for that” or variations thereof.