We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

None Fault Accident - Act of God

My van was recently hit when parked outside my house.
I have found out today that the 3rd parties insurance will not cover them as they claim it was an act of god.

The 3rd party had a stroke at the wheel and hit over 20 cars within a short period of time.

As it stands if what i have been told is correct my only options are either claim on my own insurance or continue to drive my van with dents all down one side..

Anyone any ideas?

thanks
«1

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 16 August 2012 at 5:22PM
    What you have been told is correct.

    Though another option is to pay yourself.

    Annoyingly this will have to be disclosed even if you do pay yourself.
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Unless you can prove they knew about being seriously unwell prior to getting in their car then it is an act of god an no ones fault
  • System
    System Posts: 178,429 Community Admin
    10,000 Posts Photogenic Name Dropper
    Some stuff here on acts of God:

    http://www.carinsurancequote.net/insurance-and-natural-disasters.html

    It depends on the policy. Elephant for example specifically say they cover acts of God.
    http://www.elephant.co.uk/help/jargon.php
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Quentin
    Quentin Posts: 40,405 Forumite
    You misunderstand.

    All comprehensive policies would cover you. As does the ops.

    But it means making a claim and paying your excess and losing ncd even though you are innocent.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    wibbs01 wrote: »
    As it stands if what i have been told is correct my only options are either claim on my own insurance or continue to drive my van with dents all down one side..

    Anyone any ideas?

    thanks
    What you are told is correct.

    Depending on the age of the van and the cost to fix the dents, it may be more cost effective to drive with the dents in it.

    I would ask a local body shop how much it would cost to fix it.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • thenudeone
    thenudeone Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Insurers only pay out if they are obliged to by either criminal or civil law. The latter usually requires their insured to be at fault for the accident. If the insured isn't to blame, they won't pay out.

    I presume the police were involved? Ask for a copy of their report.

    There was a very similar case some time ago. The police report included information that the driver was driving against medical advice. This was enough to persuade his insurance company to pay out, because the driver was at least partly to blame for the accident.
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
    We belong to the Earth
  • System
    System Posts: 178,429 Community Admin
    10,000 Posts Photogenic Name Dropper
    thenudeone wrote: »
    If the insured isn't to blame, they won't pay out.

    .


    You mean if I have a tyre blow out because of a nail dropped entirely accidentally by an unknown person, and it causes an accident, my insurance won't pay out because I wasn't to blame?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Quentin
    Quentin Posts: 40,405 Forumite
    You mean if I have a tyre blow out because of a nail dropped entirely accidentally by an unknown person, and it causes an accident, my insurance won't pay out because I wasn't to blame?

    Be a bit harsh saying God dropped the nail!
  • Dangermac
    Dangermac Posts: 557 Forumite
    You mean if I have a tyre blow out because of a nail dropped entirely accidentally by an unknown person, and it causes an accident, my insurance won't pay out because I wasn't to blame?

    If you are Comprehensively insured, you will be covered for the damage to your vehicle.

    Whether the 3rd party that you hit would be able to recover their costs from you (or your insurer) would be a legal matter. Could you be deemed to be negligent in any way?

    Ultimately, you would be covered. Whether the 3rd party coUld make a successful claim against you would need to be decided in relation to the law.

    DM
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You mean if I have a tyre blow out because of a nail dropped entirely accidentally by an unknown person, and it causes an accident, my insurance won't pay out because I wasn't to blame?

    The person that hit the OPs car was going through what is called "Automatism"

    http://news.bbc.co.uk/1/hi/health/8370674.stm

    http://en.wikipedia.org/wiki/Automatism

    http://www.accident-compensation-people-uk.co.uk/news-mp-calls-for-car-crash-compensation-change.htm

    At the moment it's a specific defence against liability in a road traffic accident
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.