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resolved

loztiggy
loztiggy Posts: 355 Forumite
resolved .
«1

Comments

  • Alan_M_2
    Alan_M_2 Posts: 2,752 Forumite
    I think you'll find this all comes down to policy wording.

    Home insurance policies often exclude damage to property on which there is insurance in force in it's own right. (Can't remember the exact wording but it's close enough).

    You need to ask (your house insurer) specifically if they include or exclude damage to parked unattended motor vehicles.
  • To make a claim off someone's insurance they have to be at fault.

    Why should your friend contribute anything - they didnt do it.

    Its an act of god.

    If you have fully comprehensive insurance you can claim off your own car insurance - failing that you stump up the cash yourself
  • Alan_M_2
    Alan_M_2 Posts: 2,752 Forumite
    To make a claim off someone's insurance they have to be at fault.

    Why should your friend contribute anything - they didn't do it.

    Its an act of god.

    If you have fully comprehensive insurance you can claim off your own car insurance - failing that you stump up the cash yourself

    Attributing liability and fault are sometimes not quite the same thing despite being very closely related.

    Also the OP is the homeowner not the car owner. I think you may have misread the post.

    This is a case for car insurance I'm afraid.

    You are also obliged to mitigate losses (meaning you are obliged to do everything reasonably within your power to stop a claim occurring), the way an insurer will look at this is as follows if you made the statement to them that you made in your original post:-


    As the vehicle was unable to be moved due to lack of maintenance (i.e. the battery was not maintained to a reasonable degree) then the vehicle was unable to be moved due to the negligence of the owner. Therefore no attempt was made to mitigate the loss, you knew it would happen (i.e it was inevitable that the snow would fall) but were unable to move the vehicle due to poor maintenance. Therefore no insurance cover.

    *Note* This is not my point of view - but a view likely to be used if you approached an insurer with above explanation.
  • loztiggy
    loztiggy Posts: 355 Forumite
    edited 18 January 2011 at 2:43PM
    resolved .
  • ic
    ic Posts: 3,487 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Surely the claim should be raised with under the car insurance policy, and then the car insurance company can argue with the house insurance co over the liability and payment?
  • Alan_M wrote: »
    Attributing liability and fault are sometimes not quite the same thing despite being very closely related.

    Also the OP is the homeowner not the car owner. I think you may have misread the post.

    This is a case for car insurance I'm afraid.

    You are also obliged to mitigate losses (meaning you are obliged to do everything reasonably within your power to stop a claim occurring), the way an insurer will look at this is as follows if you made the statement to them that you made in your original post:-


    As the vehicle was unable to be moved due to lack of maintenance (i.e. the battery was not maintained to a reasonable degree) then the vehicle was unable to be moved due to the negligence of the owner. Therefore no attempt was made to mitigate the loss, you knew it would happen (i.e it was inevitable that the snow would fall) but were unable to move the vehicle due to poor maintenance. Therefore no insurance cover.

    *Note* This is not my point of view - but a view likely to be used if you approached an insurer with above explanation.

    Sorry - you are correct that i mistook the OP as th car owner - principal still applied though - and claim needs to made under car insurance and cannot be reclaimed from the home insurer.
  • loztiggy
    loztiggy Posts: 355 Forumite
    edited 18 January 2011 at 2:43PM
    resolved .
  • loztiggy
    loztiggy Posts: 355 Forumite
    the insurer have asked her to write in and they will consider the claim. thanks.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    loztiggy wrote: »
    True, but my friend is unwilling to do this as advising insurers of claims regardless of fault with some insurers can cause premiums to rise, hers have said this would happen,and she is not willing to do this.

    She'll have to drive with a damaged bonnet, then.:cool:
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    She’s told them already (so likely will get increased premiums next year)

    The decision now becomes a balancing act between loss of NCB & an upgrade to a fault claim vs the cost of the repair if she goes privately (or doesn’t bother)

    Struggling to see why the house insurance will get involved
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