Car insurance - found at fault even though we were rear-ended at traffic lights!!

grimkin

Hi there,

I was wondering if anyone has any insight into this - we were stopped at traffic lights when the car stopped behind us was hit by a pickup truck which caused it to then hit us.

The handbrake was on and the car was pushed forward by 1-2 metres destroying the back bumper and lights in the process. They guy in the pickup jumped out, admitted fault and apologised that his prosthetic foot had slipped off the brake as he was slowing down.

We took pictures, insurance details etc and made a claim with our insurers - Hastings in this case and the car was repaired.

Fast forward 6 months-ish to yesterday and we get this email informing us that the claim has been closed as a fault claim so we lose no-claims bonus etc which obvs has knock-on effects for next year's insurance.

They have all the details - they were supplied to them at the date of the claim.

Is this legal? Should we allow this to be closed in this manner even though we were hit from behind?

Any insight would be greatly appreciated ..

G

------

We've been unable to get payment from the other party for the damages you suffered in the incident that happened on **th August 2023. Although we currently believe the incident wasn't your fault, without further details about the other party we're unable to progress the claim any further. Because of this we've closed your claim.

What does this mean?

We've settled this as a fault claim. Not because you were at fault, but because we paid for the damages and haven't been able to recover the costs.

If you have any further details about the other party please contact us. We can then reopen the claim and try to get payment for your damages.

What about your no claims discount?

Your no claims discount will be affected if:

• You don't have protected no claims

DullGreyGuy

Blame and fault are two separate matters... a "fault" claim is one where they cannot recover their outlay either because your to blame for the accident or its a hit and run or third party is on false plates etc etc.

In the first instance you need to speak to your insurers and find out what the issue is and why the other party's insurer haven't settled.

Did you retain the details of the middle vehicle? Could be worth checking with them to see if they/their insurers have had similar issue. 

sheramber

I believe your claim is against the car that went into you and they claim against the lorry driver.

Did you get details of the car driver and their insurance company?

grimkin

DullGreyGuy said:

Did you retain the details of the middle vehicle? Could be worth checking with them to see if they/their insurers have had similar issue. 

Thank you! I will retrieve the details and see if I can find out anything on that score

DullGreyGuy

sheramber said:

I believe your claim is against the car that went into you and they claim against the lorry driver.

Did you get details of the car driver and their insurance company?

That depends... if you know for certain it's a shunt then everyone claims off the back guy. If you think the middle guy hit you first and then in turn was hit themselves then you claim from the middle guy. 

Often the back guy disputes the matter and its ultimately to asked of the lead vehicle if they felt one impact or two, the later implying it wasn't a shunt.