Non Fault Accident
Author
Discussion

paoloh

Original Poster:

8,617 posts

233 months

Friday 12th December 2008
quotequote all
Wife was at front of queue of traffic, car pulled up behind, the car behind that did not stop. Hit the car behind and pushed them into us.

All insurance details swapped and we go thru non fault insurance company.

We have been chasing repair for over 2 weeks and get told today " our insured lied on his application and is probably uninsured".

I didn't think insurance companies can do that?

I thought third parties were unaffected.

Any opinions?

Bobby_Mac

413 posts

234 months

Friday 12th December 2008
quotequote all
Im pretty sure it doesnt matter that he lied on his application. His insurance still have the duty to provide 3rd party cover although they can later go after him for the money.

JazD

284 posts

217 months

Friday 12th December 2008
quotequote all
I guess it depends on what was on the application. So if he said that the car was for domestic use only but he's claimed that he was working or a similar reason, they'd have a valid reason for cancelling the insurance. In which case its legal action against the individual.

Scraggles

7,619 posts

253 months

Friday 12th December 2008
quotequote all
best of luck getting a claim, think there is some insurance thing for un insured drivers

paoloh

Original Poster:

8,617 posts

233 months

Friday 12th December 2008
quotequote all
Scraggles said:
best of luck getting a claim, think there is some insurance thing for un insured drivers
You are right but I believed that once an insurer has accepted the policy, it indemnifies a third party.

s3fella

10,524 posts

216 months

Friday 12th December 2008
quotequote all
Your insurance co should pay and claim off his insurance co, if his insuarnce co chose to claim it off him, then so be it!

They issue the certificate that allows him out on the road, with road tax etc so they should indemnify innocent parties and chase him if he's a liar.

Incidently, what model of corsa was he driving! LOL

paoloh

Original Poster:

8,617 posts

233 months

Friday 12th December 2008
quotequote all
s3fella said:
Your insurance co should pay and claim off his insurance co, if his insuarnce co chose to claim it off him, then so be it!

They issue the certificate that allows him out on the road, with road tax etc so they should indemnify innocent parties and chase him if he's a liar.

Incidently, what model of corsa was he driving! LOL
He was driving an S3. I st you not.

Jeffmaniac

533 posts

228 months

Saturday 13th December 2008
quotequote all
As Bedford said.

The insurers of the person who "lied" have no choice but to honour the claim. If they have provided a certificate of insurance and it was a valid policy at the time of the incident they cannot back out of the contract.

Speak to the other persons insurance company direct and advise that you will go to the FOS unless you have a decision made very soon. Get a nice hire car provided by them as well!