None Fault Accident - Act of God

property.advert

Sod that, if they use that baloney, sling them in the small claims court and waste a few thousand of their time. Any risk management inside their company should pay out as a cheaper option than defending the claim.

dacouch

property.advert wrote: »

Sod that, if they use that baloney, sling them in the small claims court and waste a few thousand of their time. Any risk management inside their company should pay out as a cheaper option than defending the claim.

The OP has no hope of winning the case unless they can prove the driver was feeling unwell when they got behind the wheel or was not taking the medication.

The law is behind (Currently) behind the defendent.

Without proof the OP would be wasting their money, the Insurer will have in house staff to deal with it prior to court and if it made it to court may just make a documentary submission referring to the relevant legislation / case laws

Dangermac

property.advert wrote: »

Sod that, if they use that baloney, sling them in the small claims court and waste a few thousand of their time. Any risk management inside their company should pay out as a cheaper option than defending the claim.

Look. This isnt an insurance issue. It's a legal issue. The policy will respond to the law, and the law is saying the the person who had the unexpected illness at the wheel isnt to blame.

I think that your rant needs to be with the law-makers of the country, not the insurer.

dm

thenudeone

Clifford_Pope wrote: »

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?

Very unlikely.

If your tyre blew out, there would have to be at least some suspicion that it did so because of a defect or fault. Was it under or over inflated (causing extra heat as the sidewall flexed), was there a bulge, hole, stone, or crack in it, or structural damage (perhaps not even visible), or was it fitted incorrectly? Was the tyre slashed by a vandal without your knowledge? Driving with such a tyre would be a criminal offence even if you don't even know about it.

Attempting to prove that your blow-out was entirely or mostly some-one else's fault would be pretty much impossible.

If, however, a lorry dropped a box of nails in front of you, causing your tyre to blow out and causing an accident, your insurer would have a reasonable case for defending any action brought against you (even if the lorry couldn't be traced); because the accident almost certainly wasn't your fault.

wibbs01

The latest info from this is that my insurance ran out on Tuesday.
I phoned up various insurance companies to get a new quote and was told that until liability has been decided the accident has it go as a fault accident by myself. This resulting in my quotes jumping from £475 to £2000+ with most insurance companies not touching me until claim is sorted.

I have spoken to Aviva directly and have now been informed that an engineer is being sent out to put an estimate on my repairs and then a "without prejudice" settlement should be offered.

For the short term until the above is sorted i am without a vehicle as not willing to pay such high costs to obtain insurance.

Seems crazy that the accident currently goes down as possibly my fault as i was not even in the vehicle. i do not see why the insurance companies cannot communicate with each other thus proving there is no chance i will held responsible

I've been told that as soon as the settlement is payed i can put the accident down as none fault and fingers crossed get my quotes back down to around the £500 figure.

If anyone has any comments, advice etc on where to go from here I will fully appriciate it.

thanks

Andrew

scooby75

wibbs01 wrote: »

The latest info from this is that my insurance ran out on Tuesday.
I phoned up various insurance companies to get a new quote and was told that until liability has been decided the accident has it go as a fault accident by myself. This resulting in my quotes jumping from £475 to £2000+ with most insurance companies not touching me until claim is sorted.

I have spoken to Aviva directly and have now been informed that an engineer is being sent out to put an estimate on my repairs and then a "without prejudice" settlement should be offered.

For the short term until the above is sorted i am without a vehicle as not willing to pay such high costs to obtain insurance.

Seems crazy that the accident currently goes down as possibly my fault as i was not even in the vehicle. i do not see why the insurance companies cannot communicate with each other thus proving there is no chance i will held responsible

I've been told that as soon as the settlement is payed i can put the accident down as none fault and fingers crossed get my quotes back down to around the £500 figure.

If anyone has any comments, advice etc on where to go from here I will fully appriciate it.

thanks

Andrew

It is not going down as "your fault". It is merely that the costs cannot be recovered from a third party (at least at present), so your policy pays for the costs of repair. That is the whole purpose of the insurance policy. You can ask for repairs to be put on hold until liability is settled. I would not do as someone suggested and go to court anyway. Actions like that serve only to clog up courts and cost money.

Whatever you do, in case liability is settled in your favour, is to record all expenses and costs associated with the loss.