Non-fault accident is 'fault' claim

bordercolliesrgr8

my car was hit in snow whilst parked on my drive and I wasn't in it. The driver didn't stop, leave details or have the courtesy to come and tell me so I had to claim as £1600 (£250 voluntary excess + £100 compulsory excess included in this) worth of damages to my car. I took off the voluntary excess of £250 which increased my premium by £30 but then I have to pay another £35 for the privilege of claiming! So I was out of pocket by £415 for something I didn't do. My NCD was fully protected but has been prejudiced.

My husband's van insurance renewal has come through now and has also incurred an increase due to this claim!

The queries I have are:

1. How can the insurance company put the claim through as 'fault', 'third party n/a' & insurance costs of £2k?
2. Why can they not amend to non-fault?
3. Am I best to complain in writing to insurance company (seen as how phone call failed) or to Financial Ombudsman?
4. Where is the incentive to have car insurance? Why not risk having none, getting points and £300 fine like some unscruples do?
Help please.
:mad:

Quentin

1) Fault relates to whether or not your insurer paid out (not "blame")

2) It is a "fault" claim. There is no-one for them to claim from.

3) Nothing to complain about

4) If you didn't have the insurance then you would have had to pay yourself.

If you are not on your husband's van policy, then this claim you made should not affect his policy.

rs65

bordercolliesrgr8 wrote: »

4. Where is the incentive to have car insurance?

One of the incentive to having insurance is because lowlifes go around bumping cars and not owning up.

McKneff

Where is the incentive to have car insurance.

Incentive has nothing to do with it, you have no choice in the matter, its the law lol

thenudeone

bordercolliesrgr8 wrote: »

4. Where is the incentive to have car insurance? Why not risk having none, getting points and £300 fine like some unscruples do?
Help please.
:mad:

Errr... because it's the right thing to do, so that if you make a mistake and someone is injured or their property damaged, they can be properly compensated?

Specifically, though, if there was no chance of finding the driver, you may have been better off claiming directly from MIB under the following agreement, rather than your own policy: http://www.mib.org.uk/Customer+Services/en/Accidents+in+the+UK/Untraced+Drivers+Agreement/Default.htm
You may still be able to do so now.

Aretnap

AIUI the untraced s driver agreement only applies to property damage if the offending vehicle is identified.

http://www.mib.org.uk/Customer+Services/en/Accidents+in+the+UK/Untraced+Drivers+Agreement/Untraced+Driver+FAQs.htm

Aretnap

McKneff wrote: »

Where is the incentive to have car insurance.

Incentive has nothing to do with it, you have no choice in the matter, its the law lol

Third party cover is the law. You have no obligation to take out cover for your own car. However of you don't take it out and some scrote hits your car and drives off, you're on your own. That's the incentive, or part of it at least.

jay87

This is a ND claim - Non Fault Disallowed. You are not at fault as someone crashed into your car. Your no claims bonus has been Disallowed however as your insurer has had to pay out. This is because there is no other or third party to recover the costs from. This is the same as if an arsonist was to set fire to your car or if it was stolen and the theif not caught.

Your fault? No. Are you penalised ? Unfortunately yes, but so your insurer as they are having to pay out, rather than a third party.

At least you have your NCD protected , and hopefully it wont happen again any time soon.

I work in the insurance industry and in my opinion this should be classified non fault

The previous loss will affect further insurance as you have found.

As for driving without insurance, you might want to read about Continous Insurance Enforcement . You can be fined up to £1000, penalties have recently been increased. You could be facing a prison sentence for repeat offending not to mention inflated premiums for all those IN10s. Not worth it

jay87

Also i'm not sure if you realise that the fault decision doesn't dictate whether the insurer leaves your no claims bonus intact or pays out on a claim ie;

Fault Disallowed - I went into be back of someone at a roundabout and my insurer paid out

Non Fault Disallowed - Someone stole my car but they didnt catch who did it so my insurer paid out

Non Fault Allowed - Someone went into the back of me and their insurer paid out.

The only situation here where your NCB wouldnt be affected is the 3rd one, as your insurer didn't pay anything out. The party that has admitied liability has paid for their and your car damage

hope that makes more sense

Aretnap

jay87 wrote: »

As for driving without insurance, you might want to read about Continous Insurance Enforcement . You can be fined up to £1000, penalties have recently been increased. You could be facing a prison sentence for repeat offending not to mention inflated premiums for all those IN10s. Not worth it

For using an uninsured car, as opposed to merely owning one, the maximum fine is actually £5000, not that anyone ever gets fined that much though as fines are means tested and the average uninsured driver has naff all money.

You can't go to prison for no insurance, repeat offence or not - though you can for driving while disqualified after you eventually get banned.

thenudeone

Aretnap wrote: »

AIUI the untraced s driver agreement only applies to property damage if the offending vehicle is identified.

You're correct. I read the same FAQs but didn't spot that one.