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Losing NCD due to a shared fault accident instead of scaling down - WHY?

Hello,

My father is insured through a brokerage with one one of the biggest insurers in the UK. Around three weeks ago he was involved in an accident where the driver tried to overtake him while he was making a right turn. Insurers say that at best they will share fault. Now the brokerage states that if the claim is settled at share fault, my father would lose all his NCD, instead of scaling it down. The motor insurance policy of the insurer states no such thing. The only thing which is stated is that at if a claim occurs, the NCD will be scaled down by two years, nothing said about "at fault". When the insurance started the NCD was 4 years and according to the policy it should be scaled back to 2. Am I missing a fine print anywhere or the insurers are just trying to fool us?

Regards,

V

Comments

  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 17 January 2015 at 3:29PM
    When the insurance started the NCD was 4 years and according to the policy it should be scaled back to 2.
    Either check with the insurer yourself or ask the broker to check.

    OP was he turning into a road junction?. If so the other driver should not have overtaken him.

    Highway code
    167

    DO NOT overtake where you might come into conflict with other road users. For example
    • approaching or at a road junction on either side of the road
  • Correct, but they are also stating that my father should have paid more attention and check his blind spots before turning. Which he did of course, but he is not a mind reader to know what the car behind him would do. Hopefully it gets resolved in our favour, but quite not happy about this NCD. Most probably the adviser I spoke to is not fully aware of the policy.
  • The norm for 4 years is to go down to 2 years after a claim where your insurer ends up with a net outlay (aka you are at least partially at fault or the TP is uninsured/ unidentified etc)

    Sometimes there is a language barrier when it comes to those that work in insurance and the rest of the world. It could well be that when they said you will lose your NCD they mean the normal 2 years and your father has miss interpreted this to mean all 4 years, of course it could just be the telephone operator was wrong too.
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