Non Fault Insurance Claim

danjourno

Hi,

In October, someone went into me as I was leaving a petrol station.

The car is a leased car and was about 3 weeks old at the time. At the scene, he tried to convince me that the damage was old and there was damage all over the car. I should have realised I was dealing with an idiot at that point but I was too nice.

There was minor damage and I told him I'd get a quote and we agreed we can sort it out ourselves. The repair costs were £300 but he never returned my calls or texts so I decided to put a claim through against his insurance.

He then told his insurance company that I reversed (didnt know you could do that without proof).

I went to the garage and confirmed there was CCTV evidence but it will only be handed over to the police or a solicitor. I was told that it is only stored for 34 days before being deleted and I informed my insurance providers of this. They were too slow and the CCTV is lost.

In January, I emailed to find out what's going on as my renewal is in March, and received no reply. I've just received my renewal and chased them on the phone. Took 50 minutes to get through to someone who found my January email and apologised for the lack of response. Told me the other insurer has offered a 50:50 settlement and as far as I'm aware, that is still classed as an 'at fault' claim.

I've got a reversing camera and sensors. I had filled up with petrol and bought some snacks for my kids in the car. I was on the edge of the road waiting for a space and was aware that I was in a queue of cars. Literally no reason to reverse. As the person who filed the original claim and the person who reported the presence of CCTV footage, I am confident that a judge would find in my favour.

But they've told me that if they decide not to go to court, I will be stuck with the 50:50 claim. What is the point of legal cover if they don't go to court?

I'm really annoyed with my insurance company as I feel the claim was mishandled. They've logged it as an official complaint.

Anything else I can do?

Thanks!
Dan

SamDude

File it as an official complaint and do not accept 50/50.
Tell them you are happy to go to court and they will then likely reduce the liability split or find in your favour.
Going to court will cost the insurers and they will want to avoid this.

I had a a similar incident and my insurer was rubbish until I formally complained and refused to accept 50/50. I settled at 70/30 (30 in my favour) on the basis that my NCD was not affected and I was not at fault.

FutureGirl

Whether lability settles at 1% fault to you, or 100% fault to you, it'll still be classed as a fault claim against your policy if either party have claimed. It'll impact your policy in the same way as well.

The legal protection cover on your policy that you pay for is so you can claim for any uninsured losses IE your excess, injury etc.

Your insurers will look at the claim and if they, in their experience, they feel they have a good chance of getting better than 50% fault against you (so 0-49%), then your insurer will issue proceedings. If they don't, then they won't.

You have a reversing camera - does it record?

Have your insurers tried obtaining the CCTV footage from the petrol station?

It is essentially one word against the other and, without evidence, would usually settle at 50/50. However, if you claimed on your policy, you can ask your insurers to instruct the legal team and they can then obtain the CCTV footage that may or may not show what occurred.

Don't forget that you give them delegated authority to deal with claims how they feel is best.

System

I have 2 no fault "claims" on my record which in both cases my insurance didnt pay anything but ive just had my renewal through and my insurance has doubled !! hows that fair ?
My renewal is £484 but going through a comparison site with the same insurer it comes out at £319 ! If they dont match or come very close to it im changing companies.

FutureGirl

CHRISSYG wrote: »

I have 2 no fault "claims" on my record which in both cases my insurance didnt pay anything but ive just had my renewal through and my insurance has doubled !! hows that fair ?
My renewal is £484 but going through a comparison site with the same insurer it comes out at £319 ! If they dont match or come very close to it im changing companies.

Even though they're non fault incidents, it'll still impact you. For example if your car was hit when parked, insurers may take the view that it may happen again based on where you park.

You're free to go to another insurer, so long as you disclose the 2 incidents. Your renewal is higher than the one on the comparison site, as the one on the comparison site includes a new customer discount.

System

FutureGirl wrote: »

Even though they're non fault incidents, it'll still impact you. For example if your car was hit when parked, insurers may take the view that it may happen again based on where you park.

You're free to go to another insurer, so long as you disclose the 2 incidents. Your renewal is higher than the one on the comparison site, as the one on the comparison site includes a new customer discount.

I have gone with Tesco insurance they were a total of £270 thats with declaring both incidents. When i rang Hastings to tell them i wont be renewing the muppet on the phone accused me of not declaring both accidents which i most certainly have done.