A relatively costly lesson?

coach1man

Hi.
I'm not too sure where I stand on a particular problem but hopefully someone may be able to help:
Today, I was giving a lift to my 17 yearold neice in my car when she was taken ill with travel sickness. Before I was able to pull to a complete stop, she flung open the passenger door. Unfortunately there was a telegraph pole in the way and the resulting collision broke the door handle and badly damaged to door skin.
My neice, bless her, has thrown a teenage strop and is refusing to pay for the damage. I am insured fully comprehensive but my NCD is not protected.
My question is ; to avoid a family argument I look like having to get the repair done through my insurance but can my insurers then claim from my neice? I really hope they can as this might teach her a lesson.
Thanks.

trailingspouse

Teenage strops are for 14 year olds - at 17 she's old enough to accept that she's to blame, even if she might not be able to afford to pay for the damage. I hope she's apologised. If she was my daughter I'd pay for the damage then claim it back from her in installments - what have her parents said?

I don't know where you stand re the insurers, but if she and her parents aren't accepting responsibility, then I'm with you and hope that the insurers can go after her/them. Sadly, I think as she's a minor, they probably can't.

rs65

coach1man wrote: »

can my insurers then claim from my neice?

I don't think so but I would be interested to hear what someone like TSx thinks.

If she had damaged other property, then she would be indemnified by the policy as a passenger and therefore an insured person.

It wouldn't seem right that she could be indemnified by the policy for damage to other property but remain responsible for your damage.

coach1man

Thanks for your reply, Trailingspouse. Apology? Chance would be a fine thing, I'm afraid. She's the most spoilt brat in Christendom and not a good reflection on her parents skills in upbringing. Goodness knows what went wrong 'cos her father was always taught right from wrong and is a son to be proud of. So who knows, these days. I think her mum and dad are trying to get her to accept responsibility and sort it out so they're staying on the sidelines as it were.
rs65, I see your point about her being indemnified on the policy, thanks. It's looking like a straight forward claim on my policy and try to get the £200 excess from my neice one way or another.
Thanks to you both for your input.

vaio

as always, get quotes before you speak to your insurer as by the time you take into account premium loadings, excess & lost NCB over the next 3/5 years it might well be that your best course of action will be to just pay to have it fixed and then forget about it

ACG

How is this even a discussion? If it were me, my mum wouldnt even have the conversation with me, it would just be expected that i paid.

Are you sure there would be a family upset? I know if i had done it on my uncles car and didnt pay up my mum would side with my uncle.

Personally if its a big an issue as it seems to be, i would speak to the parents and say your going to scare her and tell her the insurers are going to take her to court if they have to pay out to you. So she either pays you or pays the insurer but either way she will have to pay and may have a criminal conviction (we both know thats a load of the proverbial, but it may scare her into pulling her finger out).

phill99

coach1man wrote: »

Hi.
can my insurers then claim from my neice? I really hope they can as this might teach her a lesson.

I can imagine your niece feels blessed to have an Uncle like you. I bet it's a laugh a minute at family functions.

InsideInsurance

coach1man wrote: »

Hi.
I'm not too sure where I stand on a particular problem but hopefully someone may be able to help:
Today, I was giving a lift to my 17 yearold neice in my car when she was taken ill with travel sickness. Before I was able to pull to a complete stop, she flung open the passenger door. Unfortunately there was a telegraph pole in the way and the resulting collision broke the door handle and badly damaged to door skin.
My neice, bless her, has thrown a teenage strop and is refusing to pay for the damage. I am insured fully comprehensive but my NCD is not protected.
My question is ; to avoid a family argument I look like having to get the repair done through my insurance but can my insurers then claim from my neice? I really hope they can as this might teach her a lesson.

Whenever looking at recovering from a third party personally an insurer will balance the cost of recovery -v- the likelihood of success which includes the TP's ability to pay.

Given she is 17 and therefore considered a minor (being under 18) and presumably she doesn't own property or have large savings etc all of which from an insurers point of view will most likely make it not worth the effort.

Now if you are simply wanting to put the fear of god in her your insurers MAY send an initial letter of claim against her but are unlikely to take it any further than that.

hugoshavez

She was in the process of throwing up and opened the door to avoid damaging your upholstery.

Unless she'd overdone it on the drink, I'd say it's overly harsh looking to her for payment; and the insurers won't go after her.

chanz4

Why not see if the scrap yard has a door in the same colour? A lot these days have new and wont cost as much also ebay search your cr followed by breaking

vaio

hugoshavez wrote: »

She was in the process of throwing up and opened the door to avoid damaging your upholstery......

that was my first thought too but the traditional method involves opening a window rather than a door