Reply to: Car Insurance - accident - advice needed

[Mustang]

....some GP

Isn't he suffering enough after the budget? How will afford to pay after the tax rise for the over £150k-ers.

[Incognito]

all this suing him yourself stuff.

It'll be tough if it's his word against yours surely? Hence also why the 2 insurance companies reached a 50/50.

Not at all. You only have to prove there's more likelihood he was at fault. No dispute over location of the accident, take pictures of the location. Present pictures of damage to the car consistent with story, i.e damage to your driver side, damage to his passenger side. Smoking gun, present proof driver was medicated.

The reason the insurance company is not persuing it is they'll also have to stump up legal fees and won't be able to recover these as damages are <5k. They're acting entirely in their own self interest.

Any witnesses? Photos taken at time of accident? CCTV at location of accident?

I'd also make a complaint to the GMC and Police that the driver was driving under the influence. He's actually committed a criminal offence. People don't realise that the section of the Road Traffic Act (RTA) about driving while under the influence of drugs, does not differentiate between drugs that are prescribed by a medical authority for illness or pain, those that are purchased over the counter, and those that are obtained illegally. This means that if you are stopped while driving, and it is later determined that you were unfit to drive due to any medication that you had taken, then you may be prosecuted and in turn, could lose your licence.

Of course, now it is his word against yours. You should have involved the police at the time. Whilst he'd get away with that in a criminal court (reasonable doubt) in a civil action, the fact that he's got the medication in the car with him means in all likelihood he's on medication.

[AtW]

You can still save your no claim bonus if you pay the insurance company their costs, if they offered 50/50 then it probably won't be huge amount, go talk to them.

[EternalOptimist]

EO there has already been a claim, if there hadn't the insurance companies wouldn't be involved at all.

I'm afraid that what Jubber said is entirely correct, the risk profile systems that the insurance companies all use treat any claim irrespective of fault as an increased risk factor in setting your premium before No Claims Discount is applied.

What two insurance companies are involved? It's extremely common that if they are part of the same group or affiliated in any way that they default to 50/50 if they can get away with it as it improves their premium charges from both parties.

As a classic example:-

Someone I know was parked at a Tesco and the car next to his caught fire due to an electrical fault while he was in the shop. The fire damaged his car quite badly, but obviously was nothing to do with his actions. The insurance companies agreed a 50/50 deal which he had to contest and won, the two insurance companies were Direct Line and Privilege (both RBS companies) so the money was coming from the same source in the long run. He contested it strongly as he only had 3 years no claims and he would have lost the lot if 50/50 was the outcome.

Insurance companies act on their own behalf first and their customers behalf a very, very distant second.

understood.
I think the problem here is that the on-line application asks a simple question, how many years no claims bonus do you have, without providing a definition, or asking any further questions.
From what I read above, no claims seems to be, 'no claim and no accident and forget who is to blame'.

fair enough.

[AtW]

Pay your insurance company to avoid making claim - this will save you dosh during the next 5 years you'd have to declare that you had a claim as well as accident (which you'll have to declare anyway now).

The whole thing is a con - if damage is minor (<£1k) then one is better off settling privately. The big irony is that even if you were in the clear and the other guy paid in full then you'd still have to declare this accident and it will still cost you over next 3 years.

[ASB]

gotcha.
But what about the situation where there is a collision, but no claim by me?

Well, a mate of mine had 7k of damage done to his car. Insurers decided knock for knock. Mate wasn't happy so sued the other guy and won. Of course he had to pay this to the insurance company.

However as far as the insurance company were concerned he'd still been in a blame accident (despite it costing them nil) and adjusted his premium accordingly at renewal.

[lilelvis2000]

Should be the first lot stood up against the wall when the revolution comes...

Why wait for the revolution...can't we do it now?

[lilelvis2000]

Be very careful - if you don't declare the bump - they won't pay out. Oh and by the way - they all pool information too. Welcome to 1984.

In North America the insurance companies don't even ask you for your insurance history...its all in the 'puter. Has been for decades. Feel blessed.

Insurance is a complete ripoff here...the wife has two cars and can't put them on one policy..meaning 8 years noclaims on one car..0 on the other. Same person, same risk...ripoff.

I've had this 50/50 situation before in Canada..when I was rear-ended. I wasn't even told by the insurance company of its decision...and ended up with points on the licence and an much higher premium. The other driver was insured by the same company as me too! Bastards!

[TykeMerc]

gotcha.
But what about the situation where there is a collision, but no claim by me?

EO there has already been a claim, if there hadn't the insurance companies wouldn't be involved at all.

I'm afraid that what Jubber said is entirely correct, the risk profile systems that the insurance companies all use treat any claim irrespective of fault as an increased risk factor in setting your premium before No Claims Discount is applied.

What two insurance companies are involved? It's extremely common that if they are part of the same group or affiliated in any way that they default to 50/50 if they can get away with it as it improves their premium charges from both parties.

As a classic example:-

Someone I know was parked at a Tesco and the car next to his caught fire due to an electrical fault while he was in the shop. The fire damaged his car quite badly, but obviously was nothing to do with his actions. The insurance companies agreed a 50/50 deal which he had to contest and won, the two insurance companies were Direct Line and Privilege (both RBS companies) so the money was coming from the same source in the long run. He contested it strongly as he only had 3 years no claims and he would have lost the lot if 50/50 was the outcome.

Insurance companies act on their own behalf first and their customers behalf a very, very distant second.

[EternalOptimist]

You need to read the small print very very carefully.

All Motor Insurers will load your premium for claims in the last 3 years (sometimes 5 years) regardless of fault.

I have just been through this with my insurer and many others. I got to the point of nearly selling the fookn car over it.

Last year some numpty went into the back of me. 100 % his fault. The total claim value was just over a grand and his insurance paid.

That was the end of it I thought. Oh no. I get my renewal notice through and it is 150 dearer than last year. Call the insurance company and lo and behold ..... it is claims in the last 3 years REGARDLESS OF FAULT.

They all do this. The excuse is that statistically if you are involved in an accident at all - regardless of fault - you are more likely to have an accident again. Work that out.

I obviously went through the process of getting new quotes, but all the b@stards do it. The only way I could get it down to the level it was before was not to declare the claim.

Be very careful - if you don't declare the bump - they won't pay out. Oh and by the way - they all pool information too. Welcome to 1984.

gotcha.
But what about the situation where there is a collision, but no claim by me?

[Jubber]

Yes, the broker offered my two insurers, both at the £750 mark, I got it on line for £230. I will contact my new insurer to let them know my circumstances have changed

You need to read the small print very very carefully.

All Motor Insurers will load your premium for claims in the last 3 years (sometimes 5 years) regardless of fault.

I have just been through this with my insurer and many others. I got to the point of nearly selling the fookn car over it.

Last year some numpty went into the back of me. 100 % his fault. The total claim value was just over a grand and his insurance paid.

That was the end of it I thought. Oh no. I get my renewal notice through and it is 150 dearer than last year. Call the insurance company and lo and behold ..... it is claims in the last 3 years REGARDLESS OF FAULT.

They all do this. The excuse is that statistically if you are involved in an accident at all - regardless of fault - you are more likely to have an accident again. Work that out.

I obviously went through the process of getting new quotes, but all the b@stards do it. The only way I could get it down to the level it was before was not to declare the claim.

Be very careful - if you don't declare the bump - they won't pay out. Oh and by the way - they all pool information too. Welcome to 1984.

[jmo21]

all this suing him yourself stuff.

It'll be tough if it's his word against yours surely? Hence also why the 2 insurance companies reached a 50/50.

[Incognito]

I had a little bump last summer, no damage to my car. The other driver was on mEdication and was at fault (imo) and suffered £700 worth of damage.
My insurer asked me if I would go to court. yes.
They told me last night that the other guy was contesting it, so they were going to settle for 50/50, to save on court costs.

Even if I dont have any claim (no damage) this will affect my no-claims ?




TIA

As someone else said, if this causes your insurance to go up then sue the person in the small claims for the increase times x years when it will stop affecting your insurance. Small claims up to £5000 is no costs unless either party has behaved unreasonably.

If you're quite confident you can prove that the other party is more likely to have been at fault than yourself (a civil action rests on a balance of probabilities, not guilt beyond reasonable doubt) then it's a no brainer. If you've got the legal expenses cover with your insurance, then just use that to get a solicitor to fill in an N1.

http://www.hmcourts-service.gov.uk/i...aims/index.htm

[EternalOptimist]

Really? That's quite unusual! Usually insurance companies will ask about collisions rather than no claims, they will also include 'non fault' collisions in their questions - though they are not *supposed* to use that information in determining the premium.



Not sure I follow exactly.. Have you changed insurance co. since your bump last summer then? Or do you just mean this year's premium from same co?

If the latter I suspect you will lose your no claims discount (unless protected); 50/50 cases result in both insurance co's splitting the cost irrespective of the claimant. I.e. in your example your insurance will pay £350 as will the other party's.

Yes, the broker offered my two insurers, both at the £750 mark, I got it on line for £230. I will contact my new insurer to let them know my circumstances have changed

[EternalOptimist]

Were you distracted by your pepperami at the time?

No, some GP changed lanes and pulled into me, we touched wheel arches and I stopped. He carried on and got his whole side scored, I had a little mark on my bumper.
To add insult to injury, he wrote his details out on a bit of card that was a box for some tablets. The prescription was for himself and said 'do not drive'

I am in two minds, part of me says forget it, the other part say's life in prison seems fair, the swine