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Car involved in accident - insurance company wrongly blaming me

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  • Guest101
    Guest101 Posts: 15,764 Forumite
    jonj123 wrote: »
    I was the only one there but I believe the car slid due to factors out of my hands (i.e. car tyre bursting).

    Will it make any difference whether or not I'm blamed? Will it affect my NCD regardless? How about my future premium, will it be affected on whether I was responsible or not?

    Perhaps slightly pedantic - but did you check your tyres before you set off? If not, then who's fault is it? the insurance companies?
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    in this case because you are making a claim against your insurance it will be considered an at fault claim

    the only way that you could save your no claims is to claim off a third party but as you have already stated no third party involved

    so if you go ahead and claim it will be at fault and nothing you can do to change that
  • jonj123
    jonj123 Posts: 189 Forumite
    OK thank you all for clarifying
  • Strider590
    Strider590 Posts: 11,874 Forumite
    It sounds like a blow out, therefore nobody to claim against....

    BUT, I know of several bikers and even car drivers who have successfully claimed against farmers who left mud and sh*t all over the road on blind bends or other locations where you would literally have no chance of avoiding it at a reasonable speed for the road.

    So it's not always black and white, if there is someone to claim against, even if it wasn't a driver, then there's every chance of avoiding the blame and resulting NCB loss.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • mrmot
    mrmot Posts: 192 Forumite
    It's obviously a fault of the tyre manufacturer, you'll need to claim against them.
  • Car_54
    Car_54 Posts: 8,868 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Basil Fawlty had the right idea. That car needs a damned good thrashing.
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    Sounds like you were driving outwith your skillset or beyond the road conditions.
    I used to drive 60000m a year on very rural roads and am talking from personal experience gained 20 years ago.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    mrmot wrote: »
    It's obviously a fault of the tyre manufacturer, you'll need to claim against them.
    Ye. Sure.ffffffffffffffffff
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Anybody else wondering if the tyre might have burst after the slide, because of hitting something?
  • Cornucopia
    Cornucopia Posts: 16,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 May 2015 at 11:56PM
    jonj123 wrote: »
    Now the insurance company has sent me a document saying that they believe I am to blame for the incident and will therefore lose my no claim bonus.

    The letter doesn't sound particularly well-worded.

    Blame only really matters when there are two or more parties. When there is only you, and you claim from your own policy, it's likely that you will lose NCD, subject to the exceptions already mentioned.

    But to re-use a phrase from a previous thread, this is not Country Lane CSI. No one is going to go and investigate what happened. You would need to have reasonable grounds to encourage your insurers to even think about claiming from a negligent third party.
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