Advice needed on mis sold insurance for non fault car claims

Qwerty1983

Hi all, need advice on the following;
My husband became a suburban black cab driver in October 2011, as he was only 28 at the time, he was stung with large insurance bill of 2900 for the year. The same broker contacted us to offer a separate premium for "non fault claims" for £45. I was unsure what this was so remember asking if it would cover all losses, including damage to cab, in the event of a non fault claim, they said yes, so we went for it.

On the 23rd Dec 2011, my husbands cab was driven in to whilst he was stationary and engine off, the other car sped off. Quick thinking he managed to get the number plate of the car involved, unfortunately no witnesses however.

We contacted the insurance company, ( also logged the accident with the police) who taking the reg number said they would sort it out and booked the cab in to get repaired. It was repaired early jan and we that was that, so we thought.

12 weeks later we were contacted saying that the other party had come up with a letter miraculously from his work saying he was at work at the time, so couldn't have been him.
We were then told we would have to pay for the claim, we disputed this and said we had this insurance that should cover for non fault claims, so they said leave it to them.

We heard nothing for months, so assumed that all settled.
Then about a month ago, we were contacted again saying that the claim was still outstanding and we had to pay the garage for the repairs but the claim would still be on our insurance! Again we said we had the extra insurance, to which they said is void if the other party doesn't admit fault!! This was not explained to us at the time.

Now the insurance renewal has come through at £4000. Increase is apparently due to the claim that is still outstanding. So not only are they saying we have to settle the bill for the repairs but we are being stung extra in an increase in premium due to the claim, for roughly the same amount as the repairs. And have the claim for 5 years on there.


Surely that can't be right? Double hit for a non fault claim? Especially when we thought we were covered for non fault claim, at the time of putting the claim in, we had no idea that the other party would dispute it.
Plus we could have got the work done much cheaper privately, but thought going through insurance was the proper thing to do?

In order to settle the claim they want us to pay, but now the garage is saying it has no record of them carrying out the repairs. We thought great, nothing to settle so let's just remove the claim as if never happened, but apparently they can't do that now??

Why should we be penalised for something that was
1. not our fault
2. That has cost the insurance company no money to date
3. We thought that we were covered for all non fault claims

Can anyone offer any advice?

In particular to pursuing the mis sold product, do we have a case here?

Thanks

roonaldo

This isnt a mis-sold product, this is nothing to do with mis-selling. The premium went up thats all and he didnt have to take it. Sainsburys keep putting up the price of their crunchy nut cornflakes but that isnt mis-selling.

I think in your case there is no proof its a non-fault. You know it is and its wrong but you cannot prove it. Does he have legal protection to persue this?

A similar thing happened to me this year but on a personal car insurance and the other to55er who drove in to me denied it. My premium went up loads at renewal and the claim hasnt even been finalised yet (as ive given up), I just did a search on the internet and found an insurer that didnt penalise me me for a non fault claim that stands at nil.