Can you claim back increased Car premiums from 3rdParty fully liable insurer??

honeyblue_2

Hi
I've recently suffered a NonFault accident, the 3rd party has admitted full liability & will be paying for full repairs etc idc.
I had some really good advice on this recently on this forum so thank you to all who helped.

But I have a new question which follows on....

My own car Insurance auto renewal turned up 2 weeks ago, and is now up to £553. But I have just had a brand new renewal (including my N/F claim), which is £703, so a 27% rise for a N/F claim!

I know that some insurers' prices are affected by a N/F claim, and some aren't, so clearly I'll be shopping round this weekend before changing to another firm. And I believe you declare the N/F claim for the next 5 yrs.

But, if for any reason I can't get a decent price, or any that don't ignore a NF claim, can I claim the extra premium price back off my liable 3rd party insurer?? (by comparing a company's price with/without the N/F claim included).

Not sure what the legal situation is on that, & would appreciate any experienced advice.

So, maybe I should shop round, and if my prices are badly affected all round due to the N/F claim, I then contact the liable 3rd party insurer (Direct Line-who actually have been excellent with me on the phone) to see if they refund my loss?

I had 10 years+ no claims, and have Legal Protection with current Insurer (& will take out Legal Pr. with any new insurer too).


Thanks

Dynamic_Panda

Even if you have a non fault claim you still have to declare it otherwise it could invalidate the next insurance............as far as I can remember if your insurance company are recovering the costs for you then your premium should lower once the costs are recovered..............as for claiming back the difference in premium I am afraid the answer is it is not classed as an uninsured loss because it is not something that was known about at the time of the accident so no you can't............

DP

System

Can you contact your legal cover insurance to ask them if you are entitled to claim for future premium increases ?

I think you should send the 3rd party insurer (or your uninsured loss legal cover company) the evidence that your future premiums will have increased for the next 5 years and hence you wish to claim for those additional costs to cover the 5 years of increased premiums.

If you do not ask, you do not get.

alistair.long

2 things

I understood your post to state that you received a renewal and then another. if this is the case some insurers will give you the quote as it was a true quote for then.

As for the increase in premium, I did a internet compare for this year, and upto 5 years, and then added the accident for the 5 years. I noticed that there was a increase in my premium and it totaled £330ish. I am trying to recover this.
I dont know if I will get it as I have not made a loss, however it is a possible future loss. If the claim drags on for over 3 years, claim the diffrence if you had no nf claim (as it will not be a estimate and will be a known figure)

property.advert

I am in this position but have conflicting information from limited research. My insurer is Direct Line and on one level it appears as though they do not load a premium for a non fault claim at all. I assessed this by making dummy applications, one declaring a non fault full recovery and the other with no declaration. The terms came back the same.

However, this is not the same with all insurers and there is no guarantee that I will wish to remain with Direct Line come renewal. Thus, I need to undertake additional research with other companies.

Then you have additional issues to consider. This non fault claim could, along with other historical or future claims, make you uninsurable or much more costly to insure. Some companies have an "X" claims in "Y" years limit for example.

If your insurer does raise your costs as a direct consequence of this claim then you need to know by how much and then you'll have to figure out how much future premiums are also going to be affected by this claim. This can span a period over a number of years going forward.

You then also have to consider whether your vehicle has been devalued. I think every vehicle involved in an accident is devalued somewhat and you are legally bound to disclose that information when you come to sell it, if directly asked. That is also a quantifiable loss.

You need to remember that the individual is still liable, not the insurer and even if the insurer refuses to pay, the liability of the individual remains.

Quentin

property.advert wrote: »

....You need to remember that the individual is still liable, not the insurer and even if the insurer refuses to pay, the liability of the individual remains.

This is immaterial.

When you pursue the "individual", it is the individual"s insurer who deals with you.

Should you take it all the way to court, although the claim would indeed be against the "individual", their insurer would be defending it!

chanz4

you cant get increased premiums back, this has been discussed loads of times before.

System

chanz4 wrote: »

you cant get increased premiums back, this has been discussed loads of times before.

If that is true, then us policy holders need to continue asking for compensation for increased future premiums to campain for the insurance industry to change their ways. If we all simply accept the current situation then nothing will improve.

The insurance industry should either accept claims for increased premiums after No Fault Claims, or they should be prevented from loading premiums after a No Fault Claim. They should not be allowed to continue with this detrimental process of punishing policy holders for No Fault Claims.

vaio

chanz4 wrote: »

you cant get increased premiums back, this has been discussed loads of times before.

and I've posted many times before that you can and I have done it, the site search function will give all the details.

The posters who say you can't have yet to come up with any sort of argument why increased insurance premiums should be treated differently from any other cost like car hire, loss of earnings or medical treatment.

Quentin

vaio wrote: »

and I've posted many times before that you can and I have done it, the site search function will give all the details.

You were fortunate. For whatever reason your claim was paid. (Though not via the courts!)

But you are the only one to ever post about successfully getting this - were it the norm, there would be many reports, the nwnf merchants would include it in their advertising etc!

So the answer to the OP (taking into account your success) would be perhaps to say you can make a claim and see what happens. Though don't hold your breath! This isn't considered an uninsured loss.

There is some discussion on this topic here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?263813-Rise-In-Premiums-Following-a-Non-Fault-Accident

Someone there pressed the ABI on the topic and got this reply:

ABI wrote:

Any subsequent increase in premiums would not be considered an uninsured loss by any insurer. It does not fall within this category of losses

vaio

Talk about selective quoting......

you quote the first part of my post but omit the

vaio wrote: »

........the posters who say you can't have yet to come up with any sort of argument why increased insurance premiums should be treated differently from any other cost like car hire, loss of earnings or medical treatment.

bit, then you go on to quote the ABI response but omit the rest of the post which was.......

I've asked them to explain why it would not fall within the category of uninsured losses and therefore be recoverable, but as yet they haven't responded.

I doubt I will get a reply to that, because there isn't a valid reason why it wouldn't or shouldn't be recoverable......

The

Quentin wrote: »

.... (Though not via the courts!).....

bit is a valid point (and good use of an exclamation mark!) although as I've previously posted Direct Line refused to pay my claim right up to the point when they got the court papers so they had the opportunity to give a court a reason why the claim shouldn’t be paid but I’d guess they didn’t fancy sitting in front of judge repeating “we don’t pay that” which was the best they could come up with when discussing it with me.

I’m sure I’ve asked you before but to be absolutely clear, do you (or indeed anyone else) have any logical or legal argument as to why increased insurance premiums should be treated any differently to any other consequential loss?