Liability settled - why won't they pay up?

junglejame911

In brief I was in a fairly significant car accident in September 2013 when a car drove straight into my passenger side after jumping the lights.

After initially denying it was her fault, she was ultimately prosecuted in November 2013 after eye witnesses testified.

Unfortunately I simply could not be without my car while the dispute was ongoing and so had to go through my insurers to fix the damage to my car (approx 10k).

Her insurance company admitted liability in November 2013 and I successfully had a personal injuries claim etc settled in December 2013.

It is now April and my car insurance is due for renewal and to my shock it is several thousand more than last year - I had no claims protection but having phoned my insurers they state they can not register this as a no fault claim on my part and will not remove my name from the claims underwriting exchange until they receive reimbursement from the third party. They have written to them on multiple occasions but still haven't been reimbursed for their outlay.

Now I can understand my insurance wanting to recoup their loses but I am stuck in the middle. It seems crazy that liability was settled nearly six months ago and this has been sorted between the two parties.

Is there anything I can do? (Other than pay this ridiculous premium?) do I have any rights in this situation?

If I do end up having to pay it, does anyone have any experience in claiming back excessive premiums when this sort of thing is resolved?

Quentin

If liability wasn't settled till November, then 5 months isn't long in the insurance world for you to be waiting for this to be concluded! Be patient.

Unless you have used up your "lives", your protection should mean your NCD is unaffected.

Make sure your chosen insurer at renewal is aware of the circs, and ask them to agree that when the matter is concluded they will adjust the premium back to inception and refund any difference to you. When concluded, your lost NCD protection "life" should be restored.

Presumably the third party insurer is now arguing about the costs rather than liability?

junglejame911

I'm not sure what the ongoing issue is as I am not privy to any discussions but as you say, I suspect that is the issue. Very annoying I'm caught in between.

In the legal world, there is now a very precise time limit on personal injury claims etc that must be adhered to - hence this side of things was settled so quickly. It appears that does not extend to discussions between insurers.

Happygreen

You don't have to stay with your insurer and auto renew. You can still shop around with other insurance providers and once you have a quote just phone up and explain the situation. Direct Line have been very good in my similar situation for me. Never again will I insure without Legal Cover and protected No claims (which you can probably add once your claim is settled but it may take years....)

junglejame911

Happygreen wrote: »

You don't have to stay with your insurer and auto renew. You can still shop around with other insurance providers and once you have a quote just phone up and explain the situation. Direct Line have been very good in my similar situation for me. Never again will I insure without Legal Cover and protected No claims (which you can probably add once your claim is settled but it may take years....)

That's the plan. I will shop around but if my name is on the database I suspect I will have to pay an increased premium. Hopefully get it rectified later in the year though.

Quentin

Your name will remain on the database after this is concluded. (Non fault claims do affect the premium)

You will have to disclose the claim whenever you get quotes over the next 3/5 years (depending on the length of history required)

Happygreen

junglejame911 wrote: »

That's the plan. I will shop around but if my name is on the database I suspect I will have to pay an increased premium. Hopefully get it rectified later in the year though.

Although it doesn't make much sense unless you are a lawyer - a conviction in Court does not equal settled liability although it has some influence. Was she prosecuted by the police in a criminal Court or was it the Civil proceedings instigated by your insurers?

junglejame911

Happygreen wrote: »

Although it doesn't make much sense unless you are a lawyer - a conviction in Court does not equal settled liability although it has some influence. Was she prosecuted by the police in a criminal Court or was it the Civil proceedings instigated by your insurers?

I don't follow - you mean it doesn't make sense for me to try to rectify any "overpayment"? If it amounts to several thousand pounds I would certainly try!

She was convicted in a criminal court of reckless driving. She pleaded guilty. I brought a civil case for personal injuries and to reclaim car insurance excess etc which was also successful. In the latter case, her insurance company admitted liability.

junglejame911

Quentin wrote: »

Your name will remain on the database after this is concluded. (Non fault claims do affect the premium)

You will have to disclose the claim whenever you get quotes over the next 3/5 years (depending on the length of history required)

Sorry, I should have clarified - I know my name stays on the database. However at present I am down as being "at fault" which is inaccurate and significantly affecting my premium.

dacouch

You mention you have protected no claims bonus but your premium went up by several thousand.

This seems unusual, how much were you paying before the accident?

Happygreen

junglejame911 wrote: »

I don't follow - you mean it doesn't make sense for me to try to rectify any "overpayment"? If it amounts to several thousand pounds I would certainly try!

She was convicted in a criminal court of reckless driving. She pleaded guilty. I brought a civil case for personal injuries and to reclaim car insurance excess etc which was also successful. In the latter case, her insurance company admitted liability.

no, that's not what I meant at all. My experience is just the opposite. Although I had a witness there was no proof he was guilty of dangerous driving so they now try to pin it on me although I have 2 witnesses. The police actually warned us that ciminal proceedings might be more hassle than if it's just one insurance company dealing with another to sort out liability. ...In your case things should be straightforward. insurance companies can be very slow in paying out but you should not have a liablitiy stuck to your name! Did you have a lawyer though legal cover? A call from him would probably sort it out quicker but I would still keep on writing with all the details and dates - better than phoneing as it will be on record that they have the facts wrong.