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Insurance claim advice, please.

Bronnie
Bronnie Posts: 4,167 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
edited 7 February 2012 at 1:18PM in Motoring
In November 2010, a driver pulled out of a side road literally as I was passing along the main road and crashed straight into the side of my car.

It transpired the driver's insurance (company policy) had lapsed a fortnight earlier and the matter proceeded to my Insurance company's solicitors and potential court proceedings later this month.

The claim amounts to just over £2,500, predominantly repairs. My portion of the claim, being a few hundred of that, predominantly my excess, insurance for courtesy car etc.

There appears to be have been little or no comment from the other driver throughout but their original insurance company has been brought in as Second Defendants. In the Defence Statement, the 2nd Defendants state they have no knowledge of the incident but agree to compensate me and reserving the right to claim back any payments from the other driver.

They have submitted a reduced offer to my Insurers. They have also made a reduced offer to me, based on the fact that my solicitor submitted a receipted claim for £35 travel expenses, whereas they say that is already covered in the £60 claim for loss of use.

I have already incurred increased insurance premiums for the past 2 years on renewal, as this open case is classed as a fault claim on my policy.

Can you advise of any pitfalls I need to be aware of please as this progresses. Can (and is it likely) my insurance company simply accept a reduced offer? Is it the case that accepting anything other than a full settlement means the fault stays on the policy? My insurance premiums have always been quite cheap fortunately, but since this happened have doubled since this case has remained unresolved.

Thank you

Comments

  • Strider590
    Strider590 Posts: 11,874 Forumite
    It won't go against your NCB, but as is standard you WILL have increased premiums for the next few years or so... Having an accident, whether your fault or not, flags you as being more likely to be involved in future accidents. You'll need to shop around a lot more to offset this increase.
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  • vax2002
    vax2002 Posts: 7,187 Forumite
    it sounds like the insurance company have failed to serve notice that the policies had expired under continuous insurance rules.
    They do not "do" goodwill, the other driver either had insurance or did not under the road traffic act.
    If he did not they would just reject the claim outright.
    So I would ask for the situation clarified, was the driver insured yes or no, for it looks like they are using the good will sob story to reduce the claim.
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