Car Insurance - Help Please!

DJS1988

As a bit of back story, please see a previous thread of mine;
https://forums.moneysavingexpert.com/discussion/2576977

I need advice please. I have been informed by my insurers today that unless I pay my excess and get the repair done, that they will not help me with my claim. They cannot do this surely? Is it not my choice to sit it out and see if I win against the guilty party?

Also, my insurance renewal comes around in March - what happens if I still have an ongoing claim with my current insurers? They've been useless thus far and I do not wish to give them a penny in future.

lisyloo

Is it not my choice to sit it out and see if I win against the guilty party?

If you wanted to do it your way the you should have gone direct and not via your insurer.
If you claim agasint your insurer then you have to do it their way.

what happens if I still have an ongoing claim with my current insurers?

It counts as a "fault" claim.
That doesn't mean it's your fault, simply that money has not been recovered.
This may increase your premium AND reduce your discount (double whammy) if you don't have protected NCD.

and I do not wish to give them a penny in future.

Makes no difference.
Your NC will be reduced (if not protected) and you will have to honestly answer that you have a claim outstanding where money has not been recovered (badly named a "fault" claim).
You don't have a choice about answering honestly if you want to be properly insured.
Sorry !!

DJS1988

What I don't understand is how they can force me to pay my excess, otherwise say they will not follow up my claim any further? I know plenty of people who have not had the money to risk losing by paying their excess before making a claim?

Of course I totally understand that I will provide any future insurers with the correct information, but if I do not renew with my current insurers I assume the claim will just be dropped?

Empty_pockets

Of course you have to pay the excess if you want to make a claim.

I don't understand why thats confusing.

If you don't want to claim through them you don't have to pay an excess.

vaio

DJS1988 wrote: »

....if I do not renew with my current insurers I assume the claim will just be dropped?

as the incident happened whilst you were on cover your existing insurance will follow it through to conclusion even if you move to a different company

lisyloo

I know plenty of people who have not had the money to risk losing by paying their excess before making a claim?

Why didn't you go direct to the 3rd parties insurer?
You wouldn't have had to pay an excess.

I know plenty of people who have not had the money to risk losing by paying their excess before making a claim?

Then they should either get a smaller excess, buy a smaller car or give up private motoring.
Excesses are part of insurance contracts and part of the business of private motoring.

but if I do not renew with my current insurers I assume the claim will just be dropped?

No, it will carry on. You now have to declare it.

vaio

lisyloo wrote: »

Why didn't you go direct to the 3rd parties insurer?
You wouldn't have had to pay an excess......../QUOTE]

Actually, why don't you go to the TP insurer now?

If you have a strong enough case you could even get a NWNF company to take it on for you.

raskazz

DJS1988 wrote: »

What I don't understand is how they can force me to pay my excess, otherwise say they will not follow up my claim any further? I know plenty of people who have not had the money to risk losing by paying their excess before making a claim?

If you want to claim under your policy then the excess is payable, unless you can find some sort of term in the contract which states that it is not payable in your particular circumstances. You then recover the excess from the third party as an uninsured loss if they are liable for the incident.

DJS1988

Empty_pockets wrote: »

Of course you have to pay the excess if you want to make a claim.

I don't understand why thats confusing.

If you don't want to claim through them you don't have to pay an excess.

I understand if I want to make the claim and have the repair done then I need to pay it. However, I cannot afford at the moment to pay this - I was originally told by Elephant when I logged the incident that that could put the repair on hold whilst they investigated - now I am being told different.

lisyloo

However, I cannot afford at the moment to pay this

Can you cancel the claim with Elephant? and go through the small claims court?
Why haven't you done this? You had plenty of advice on the first thread to go to the court.
Yes there are fees, but I don't think they are anywhere near £400.

DJS1988

I decided against the small claims court, mainly because I was advised that if/when I won, I may still not reclaim court costs.

I know at some point I may have to part with some pennies, but I am trying to avoid this at all costs - after all this situation has risen through no fault of my own.

In answer to dealing directly with the TP insurer - I have been doing so yet they continue to deny liabilty on their behalf, which is why I instructed my insurers to get involved in October (although I did log the incident with them in April when it happened) I asked for the CCTV, which they first said did not cover the car wash area, only the fuel pump area and forecourt. I said this was fine as I parked on the forecourt to buy my ticket, and they have now changed their story to say they only have the CCTV on the exit, which is not beneficial to my claim. Clearly the garage has not kept a copy of the CCTV, which to me is an admission of guilt.

Also - I have a big issue in that I instructed my insurers to act in October. As of last Thursday, they had still not been in touch with TP insurers, despite me giving them copies of all communications. Surely they have not done their job?

If I cancel the claim, will this have any future effect with my insurance premiums?

Appreciate all the help. This is a really stressful situation for me!