Handbrake Accident Am I Insured

2woodward2
2woodward2 Posts: 17 Forumite
Part of the Furniture 10 Posts
Could anybody help in letting me know if my insurance is still valid. Sorry for the long description but I wanted to give you all the facts.
I had just turned a corner at a traffic lights crossroads when my Hyundai car cut out. I did apply the handbrake but only at two or three notches and so it wasn't fully on. My car wouldn't start again and wouldn't even try to turn over as it was completely dead. I got out of the car and was trying to let the cars behind know that I was broken down. I didn't realise that I was on a very slight incline and the car started to slowly move backwards. I opened the door to jump in so as I could put my foot on the brake pedal but as I am 70 years old and not so agile I was unable to do this while the car was moving backwards. The car picked up some momentum and I was stood between the opened car door and another vehicle behind. I jumped out of the way but the car door hit the back of the car behind and completely folded back on itself (180 degrees). As only the door hit the car behind it continued backwards and scrapped another car which then stopped it moving. This all happened quickly but at a slow speed within 6 feet. 
The car behind which the door hit had a large dent and since then I have been told that the damage is to expensive for the cars value to be repaired and will be written off. The second and other cars owner I haven't heard from and so maybe they will not make a claim against me because the damage was a minor scrap but at the moment this is unsure. 
I am not sure if this makes a difference but the first car had driven out of a side road behind me and was half blocking the road I was on because it had stopped as it couldn't join the traffic heading the other way due to cars waiting for the traffic lights to turn green. So it was facing half across the road and stopping the traffic as cars couldn't move around it as there wasn't enough room because of my broken down car. As it was facing across and sideways this is why I only hit the side of the back of the car with my door.
My cars door is completely damaged and the side panel next to it is also damaged. It might be a write off too.
I have full comprehensive insurance and a protected no claims discount.

My question is that I fully understand that I am guilty with this accident but because I didn't fully apply the handbrake will my insurance company accept the claim against me and by me. Could they not pay out if they thought I was negligible.
Thank you in advance of any replies.
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Comments

  • DullGreyGuy
    DullGreyGuy Posts: 17,272 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Could anybody help in letting me know if my insurance is still valid. Sorry for the long description but I wanted to give you all the facts.
    I had just turned a corner at a traffic lights crossroads when my Hyundai car cut out. I did apply the handbrake but only at two or three notches and so it wasn't fully on. My car wouldn't start again and wouldn't even try to turn over as it was completely dead. I got out of the car and was trying to let the cars behind know that I was broken down. I didn't realise that I was on a very slight incline and the car started to slowly move backwards. I opened the door to jump in so as I could put my foot on the brake pedal but as I am 70 years old and not so agile I was unable to do this while the car was moving backwards. The car picked up some momentum and I was stood between the opened car door and another vehicle behind. I jumped out of the way but the car door hit the back of the car behind and completely folded back on itself (180 degrees). As only the door hit the car behind it continued backwards and scrapped another car which then stopped it moving. This all happened quickly but at a slow speed within 6 feet. 
    The car behind which the door hit had a large dent and since then I have been told that the damage is to expensive for the cars value to be repaired and will be written off. The second and other cars owner I haven't heard from and so maybe they will not make a claim against me because the damage was a minor scrap but at the moment this is unsure. 
    I am not sure if this makes a difference but the first car had driven out of a side road behind me and was half blocking the road I was on because it had stopped as it couldn't join the traffic heading the other way due to cars waiting for the traffic lights to turn green. So it was facing half across the road and stopping the traffic as cars couldn't move around it as there wasn't enough room because of my broken down car. As it was facing across and sideways this is why I only hit the side of the back of the car with my door.
    My cars door is completely damaged and the side panel next to it is also damaged. It might be a write off too.
    I have full comprehensive insurance and a protected no claims discount.

    My question is that I fully understand that I am guilty with this accident but because I didn't fully apply the handbrake will my insurance company accept the claim against me and by me. Could they not pay out if they thought I was negligible.
    Thank you in advance of any replies.
    50% of claims are paid out because the insured has been negligent in some way, driving too close to the car in front, not giving way, changing lane without checking their blind spot etc. The other 50% are the people being hit by the former 50%. 

    I would have worded it differently, in that you applied the handbrake and then got out and as it started rolling you evidently hadn't applied it correctly, rather than saying you intentionally didnt apply the handbrake properly but it makes little difference as most the above examples are intentional acts too just with unintended consequences, 
  • 2woodward2
    2woodward2 Posts: 17 Forumite
    Part of the Furniture 10 Posts
    Thank you DullGreyGuy for replying. I haven't actually put the claim in yet as I phoned my insurance company and they said to wait until I have all the details and so I was waiting on the second cars reply. I will do this today and then update the claim if they do respond. Thank you as I will use your wording about the handbrake.
    Could you simplify your answer for me as I am not 100% sure what you mean. Am I covered or would my insurance company reject my claim because of how the accident happened.

  • user1977
    user1977 Posts: 17,292 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 14 April at 1:56PM
    The whole point of third party insurance is to cover for losses caused by your negligence. So yes, you're covered (assuming your insurance isn't invalid for some other reason you haven't told us about).
  • DullGreyGuy
    DullGreyGuy Posts: 17,272 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Thank you DullGreyGuy for replying. I haven't actually put the claim in yet as I phoned my insurance company and they said to wait until I have all the details and so I was waiting on the second cars reply. I will do this today and then update the claim if they do respond. Thank you as I will use your wording about the handbrake.
    Could you simplify your answer for me as I am not 100% sure what you mean. Am I covered or would my insurance company reject my claim because of how the accident happened.

    The only grounds they can reject an "accident" claim (assuming no underwriting issues) is if you are drunk driving (and they have a clause against it) or you deliberately cause damage (eg ram your spouse's lover's car when you see them on your driveway when you come home early from a trip) 

    Anything else, no matter how stupid you've been is covered and literally what insurance is for and why it's mandatory. 

    If you look at theft claims then there are more non-underwriting exclusions but not relevant for your circumstances. 
  • 2woodward2
    2woodward2 Posts: 17 Forumite
    Part of the Furniture 10 Posts
    Thank you DullGreyGuy for again replying. I haven't held any information in this post back that would change things and I certainly wasn't drunk. However I am very very stupid for this to happen but it looks like the insurance company will allow that. Thank you so much in spending the time to help me.

  • chrisw
    chrisw Posts: 3,742 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Report it to your insurance company straight away. It's possible someone may have given your registration to their insurers who will either contact you or your insurer directly. If anyone contacts you, give them your insurance company details, if you get any correspondence forward it on to your insurance company unanswered. Whichever, just leave it for your insurers to sort out.
  • Car_54
    Car_54 Posts: 8,739 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    chrisw said:
    Report it to your insurance company straight away. It's possible someone may have given your registration to their insurers who will either contact you or your insurer directly. 
    The OP should have given his name and address to both the affected parties at the scene: If not, he must report it to the police without delay.
  • Bonniepurple
    Bonniepurple Posts: 641 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Thank you DullGreyGuy for again replying. I haven't held any information in this post back that would change things and I certainly wasn't drunk. However I am very very stupid for this to happen but it looks like the insurance company will allow that. Thank you so much in spending the time to help me.

    Had one elderly gentleman, who spent a lot of time talking to our FNOL/claim reporting team saying how great he is for his age, who put the car in D rather than R, when the car started moving in the wrong direction went to hit the brake but got the accelerator and damaged 6 cars plus his own. 

    3 months later had a new claim on my desk which was very similar but this time it was 8 cars damaged plus his own. Looked back and it was the same chap. This time it was his daughter that phoned up saying they were taking his keys from him. 

    14 strangers cars and his own car repaired twice, over £100k in total. The only thing we did was put a block on him not renewing with us again. 
    I’ll bet he was still insisting that he was a really good driver.  
  • DullGreyGuy
    DullGreyGuy Posts: 17,272 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Thank you DullGreyGuy for again replying. I haven't held any information in this post back that would change things and I certainly wasn't drunk. However I am very very stupid for this to happen but it looks like the insurance company will allow that. Thank you so much in spending the time to help me.

    Had one elderly gentleman, who spent a lot of time talking to our FNOL/claim reporting team saying how great he is for his age, who put the car in D rather than R, when the car started moving in the wrong direction went to hit the brake but got the accelerator and damaged 6 cars plus his own. 

    3 months later had a new claim on my desk which was very similar but this time it was 8 cars damaged plus his own. Looked back and it was the same chap. This time it was his daughter that phoned up saying they were taking his keys from him. 

    14 strangers cars and his own car repaired twice, over £100k in total. The only thing we did was put a block on him not renewing with us again. 
    I’ll bet he was still insisting that he was a really good driver.  
    Never spoke to him again, so can't say, he gave authorisation for his daughter to deal to the FNOL line. I did have to tell her we wouldnt be renewing and she said she was glad as they're taking the keys off him which was unusually reasonable. Normally people get on their high horse with these things but then in all my time of claims he was one of only two that I put on the do not renew list. 
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