Am I at fault for claim?

Eagle6

I had an accident in France on my motorcycle. No one else was involved but the motorcycle was damaged and had to be repatriated back to the UK and the insurance company is repairing.

The circumstances of the accident are that I was riding down a mountain road in the rain when the motorcycle slid from under me without warning.

When the gendarmes arrived at the scene they explained that the previous day there had been an accident involving an articulated truck and that it had turned over and ruptured its fuel tank spilling hundreds of litres of diesel across the road at the point where I had my accident. They even emailed me photos of the accident showing the the diesel flowing across the road from the truck fuel tank.

When I got home I informed the insurance company of the circumstance of the accident and that the cause had been the diesel on the road.

I initially just accepted that I would be held responsible as there was no 3rd party involved and also accept the additional costs at renewal time etc.

They then asked for copies of the photos and proceeded to try and sue the truck company for their losses on my policy. This failed but they are now suing the local council for not cleaning the road properly which they say (correctly) led to the accident.

So, by claiming against a 3rd party (truck owners and then council) are the insurance company accepting that I was not at fault and was the actual "victim" and that I shouldn't be penalised?

FutureGirl

'At fault' doesn't mean you are to blame for the accident.

'At fault' just means they couldn't recover the costs.

If your insurer manages to recover the money they paid out for the claim, then it will be a non fault claim. If they cannot recoup their money back, it will be an at fault claim.