Motor Insurance Claim

DistortedVision

I was involved in a collision with my mother's car. She was towing my car to the garage and she suddenly braked and I collided into the back of her car causing damage to both vehicles. My mother has accepted liability but my mother's insurer's underwriter (Liverpool Victoria) is saying that I am liable and cited a section of the terms and conditions. However, that section refers to driving other vehicles which not applicable. The previous section states that:

“We will also cover the legal liability to other
people when your car is being used for towing
any single trailer or caravan or broken-down
vehicle, while the trailer, caravan or vehicle is
attached to your car, if this is allowed by law.
We will not cover the legal liability if you are
being paid to tow the attached vehicles.”

We therefore dispute that it is a non-fault claim on my mother's policy. I have made complaints with both the underwriter and the Financial Ombudsman.

Any experts please advise?

Nobbie1967

It was your fault, you drove into the back of your mother's car. When you drive into the back of someone's car it isn't a valid excuse to say they braked to hard. I think the key fact is that you were in the car being towed and therefore in control of it.

rs65

Distorted_Vision wrote: »

My mother has accepted liability but my mother's insurer's underwriter (Liverpool Victoria) is saying that I am liable and cited a section of the terms and conditions.

I would agree with LV.

The section you have quoted is irrelevant in the circumstances.

dacouch

Nobbie1967 wrote: »

It was your fault, you drove into the back of your mother's car. When you drive into the back of someone's car it isn't a valid excuse to say they braked to hard. I think the key fact is that you were in the car being towed and therefore in control of it.

A car being towed that most probably the brakes were not functioning properly as the engine was not running

angrycrow

As stated above if you are being towed on a rope the person behind the wheel is responsible for keeping a safe distance from the towing vehicle. This is why the likes of the AA and RAC will only tow on rigid bars or a frames.

Your mother should be claiming against your insurance. The caravan and trailer Claus they quoted is because generally trailers and caravans do not have their own insurance so the towing cars cover is extended to cover third party claims in the event the caravan or trailer hits something. A car is required to have it's own third party insurance if any of it's wheels are in contact with the road.

I take it you were insured to drive the car that was being towed.

forgotmyname

As above is she had a trailer or caravan attached and she hit someone else with the trailer her car insurance would payout as if her car had caused the damage.

But thats a trailer towed behind a vehicle without its own controls.

As you were in control of the vehicle being towed it was your job to keep the towrope tight and not to get close.
You should have been looking at the traffic and anticipating her actions. Being towed is not easy.

At least in your car you had fairly decent visibility. Try being towed behind a rather large HGV recovery truck. The type where the fill the bumpers with concrete for extra weight. So close behind on the bar you can see nothing to the nearside except whats in the 8ft gap. Thats an experience i wouldnt want to do daily.