Car Insurance 2 issues

harborjenny

I am hoping someone can help me.

First problem

Someone crashed into my car a couple of weeks ago as I was starting to pull out of a parking place at the side of the road. It is somewhere I often park and am careful how I pull out as traffic is busy down the road. I was facing the direction of the traffic. You can get a line of parked cars and traffic going in both directions carefully.

Anyway to cut a long story short, the person who hit my car admitted it was all their fault as they were looking in the rear view mirror at what was going on behind them.

There was no attempt of them braking, or swerving (hadn’t seen me). Unfortunately there were no witnesses. The lucky thing is no one was hurt.

Anyway, my insurance company have told me the other insurance company are blaming me (as I had a duty of care when pulling into traffic). So as a result my insurance company have accepted liability on my behalf and even if I were to find a witness now (from one of the houses nearby) they said they will not change their mind. I have legal assistance and they were not prepared to take on the case (they take the premium though).

I have been told there is nothing I can do.

I want to write to them so my version is on record as everything has been done by phone so far. If I had been at fault I would have dropped the matter, but I know I wasn’t and if I had known I would have written down what the other driver said and got them to sign it.

Second problem.

A while ago I was doing someone a favour and as a result had 2 insurance policies running concurrently.

Anyway as a result I don’t remember being told at the time that I would not be able to protect the NCB, but that’s what they are saying. So when it came to renewal time it was not renewed (as I didn’t have it protected). They said it was an optional extra on the policy and it was up to me to take this option up. The only time it can be changed is when the policy is renewed or when a change of car takes place. So I missed insuring the NCB at renewal and when I called to change a car over I was not asked if I wanted to have this as an option. I didn’t ask about it as I was not aware I didn’t have the protection.

I have spoken to the insurance company on more than one occasion and have been told they are not able to change it as I have now made a claim against the insurance policy. I will lose 2 years NCD and will not be able to protect until I get to 4 years (only a year to go after I get to renewal).

My point is if I had been a new customer I know I would have been asked if I wanted to protect the NCD, but as an existing customer I feel I have been treated differently. Do you think there is any mileage in writing to them about this?

So what do you advise I do?

raskazz

On the first point I don't deal with claims but the question on my mind is how you think you could prove the other party was at fault? Unfortunately, the circumstances of the claim point to it being your fault (especially when you say of the other party "There was no attempt of them braking, or swerving" - if they didn't swerve you must have pulled into their lane despite it not being clear to do so, you shouldn't have forced them to brake or swerve to avoid a collision) and an admission of liability at the scene really doesn't count for much.

On the second point, the insurer is right. Protected NCD is an extra feature of cover - if you want it you have to request it. It would have shown as not being included on your renewal notice. The insurer is not at fault for it not being protected - it is your responsbility to ensure that you ask for cover that meets your needs.

harborjenny

I wonder, why did I bother?

I have had nothing but knocks since this happened. I wasn’t exactly after sympathy, but not to be attacked again.

Not only was mine an old car (12 year, flew through the MOT), but chances are it will be a write off as the steering was wrecked at the impact. (It wasn’t someone driving along at a reasonable speed and like I said they admitted they were not looking in front of them.) I don’t even have the money to pay the excess at the moment, chances are they will say it’s only worth £200 so I won’t be buying another car. Anything else you want to attack me on?

It took me 40 mins return journey to work, now it takes anything upto 3 hours per day to get to and from work. And as for shopping, looking after family etc, well that’s all out the window now!

The point about swerving or braking is what I would have done in the situation. I know I was not at fault, but have been told in no uncertain terms it would not stand up in court (that’s why the legal assist is of no help to me).

As for the NCD, how many of you would have read the document and realised you were not covered?

So thanks, I thought MSE was a community of people who helped each other, but yet again I am lost for words

Thanks for nothing

Sorry for the rant, but I DO feel so ANGRY over this situation and I do FEEL as if I have been attacked again.

tinkerbell84

Raskazz gave you a completely civil and informative answer based on your post - he didn't attack you!

raskazz

Look, I am sorry that you were involved in an accident - I wouldn't wish it on anyone - but you you asked two questions and got two clear answers, without any 'attack'. If you did not want realistic and honest answers you shouldn't have bothered asking the questions.

On the excess front - again, whilst I sympathise, if you cannot afford to pay it you should have specified a lower excess when you took the policy out.

I cannot see how you can possibly hope to convince a court that you were not at fault on the balance of probabilities. You admit that the other party would have had to swerve or brake to avoid a collision despite them having right of way. The MSE community cannot work miracles I'm afraid.

shelly

Hi jenny.

Can't help about the first point but the second one about NCB I can advise.
Hubby has 2 car policies, both with full NCB. We pay extra to protect the NCB every year. I can honestly say that when I phone around for quotes about 3 weeks before renewal I have to ask for the NCB to be protected, this has never been offered to me even though we protect it every year.

Admittedly the renewal notice has NCB protection on it as usually your renewal will be like for like as the previous year.

Quoted from yourself "As for the NCD, how many of you would have read the document and realised you were not covered?"

I can honestly say that we have learnt from experience to go over ALL insurance policies with a fine toothed comb to make sure that what we asked for, got a quote for and agreed to is included and not been "forgotten about"


Sorry its not better news but looks like the ins co are right.

harborjenny

Thanks for your answers.

I feel as if all my years of safe driving have been called into question at the moment. To be honest my confidence has taken a nose dive and I don’t know if I EVER want to drive again. This is following conversations I have had with the insurers and legal people, especially when they say I understand what you are going through, so when I say, so what di you do then, they reply oh it didn’t actually happen to me, but .. What I KNOW was it was NOT my fault, but for the person who was driving down the road like a bat out of hell, not taking any notice of what was happening and admitting this, me stupidly believing they would say the same to their insurance company, how niave can I have been?

My honesty at what happened has been attacked as has been driving skills. I have often been the one nominated to drive, especially when youngesters have needed to be driven as others felt I was someone to trust. But as I said I don’t know whether I want to drive again at the moment, that is assuming my car is repairable (the steering is wrecked), because of the force I was hit at on the front wheels.

I do feel attacked over the whole situation, even though it was a set of circumstances on the day which brought this to be, if I had been 2 minutes later etc etc.

I have been driving for quite some years and had always proteced NCD until the point of helping someone else out, hadn’t realised it wasn’t protected as a result, etc etc... I was not in the habit of reading a policy in detail, all I ever felt I needed to see one for was to tax the car with! Obviously it is a case of learning from mistakes like this.

Quote On the excess front - again, whilst I sympathise, if you cannot afford to pay it you should have specified a lower excess when you took the policy out

The excess on the policy when it was originally taken out was easily affordable, but as many of you know financial circumstances change. So it wasn’t a case of trying to lower it (which would have made the premiums higher).

I am feeling rather emotional at the moment. I apologise for saying I was attacked! I have said my piece and shall go off and cry my eyes out, as that is all I have wanted to do since this happened.

I was brought up in the belief that honesty was the best policy and what goes around, comes around. But I feel there is little of that happening at the moment.

noh

I was brought up in the belief that honesty was the best policy and what goes around, comes around. But I feel there is little of that happening at the moment.

From the facts that you have presented. I don't see that any one is being dishonest.
The fault will be always be with the driver of the vehicle pulling out into the normal flow of traffic there can be no other interpretation.
If the car that collided with you was proven to be speeding or the driver not paying attention that may be a contributory factor but not the cause of the accident.
This is not a personal attack on you.


Nigel

tinkerbell84

harborjenny wrote: »

I have been driving for quite some years and had always proteced NCD until the point of helping someone else out, hadn’t realised it wasn’t protected as a result, etc etc... I was not in the habit of reading a policy in detail, all I ever felt I needed to see one for was to tax the car with! Obviously it is a case of learning from mistakes like this.

Quote On the excess front - again, whilst I sympathise, if you cannot afford to pay it you should have specified a lower excess when you took the policy out

The excess on the policy when it was originally taken out was easily affordable, but as many of you know financial circumstances change. So it wasn’t a case of trying to lower it (which would have made the premiums higher).

I am feeling rather emotional at the moment. I apologise for saying I was attacked! I have said my piece and shall go off and cry my eyes out, as that is all I have wanted to do since this happened.

Jenny -

It sounds like you are in shock - which is completely understandable in an RTA situation. You need to do whatever is necessary to get over the incident, and that may take some time.

I'm not quite sure who you were 'helping out' or why, but it may be that it would not have been possible for that NCB to be protected anyway. Many insurers remove that right when they match NCB onto a second car.

The main thing is that accidents happen. Either your car can be repaired or it can't, but either way it's just a car. Something far worse could have happened. You can't let it get to you like this.

Take care

Tinks x

giggles_alot

Hi Jenny, Im sorry to hear about your accident and the unfortunate circumstances since.
Please try to take comfort that you are alive and well. Although it is causing you a lot of hassle, stress and financial worry, it was a car, a materialistic item and that your safety and well being is far more important