Insurance voided from inception - Am I up the creek?

[Stats2909]

Does who I'm insured with have much of an influence on the likely outcome? I can see why the TP insurer might, but less clear on mine (apologies if I'm missing the obvious).

Your comment/observation with regards to awkwardness is possibly fair, although from what I am told the TP insurer aren't exactly falling over themselves to resolve this.

Thanks for the link/info looking into it now....

[LoonR1]

I'm interested more than anything else in the insurer. Who they are wont affect the outcome. It's not a big claim. 3 damaged cars isn't a big one by any stretch.

Your insurer should be keeping you informed. There's nothing you can do. Is the concern over your NCD? If so your insurer should honour it and waive the excess ideally as its a no brainer non fault.

[Stats2909]

My insurers are Groupama and KGM and after some reading no, it's definitely not a big one!

It is 100% non fault, I was completely unaware until the Police woke me with the news. I'm concerned about NCD, premiums and to some extent justice.

After 6 months it just feels like everytime I get an update there is a new twist that leaves me confused as to likely outcomes... this is just the latest. I suspect I will just need to get used to the fact that is probably not going to be sorted in the next 6 months either

[LoonR1]

The wheels of justice turn slowly and sadly so do some claims. It's easy for me to say that as I'm not involved but do have a lot of sympathy.

What you'll probably find is the the named driver was the main driver and too high a risk for their insurer to take on. Much like the Bissmire case.

It will get resolved in your favour though.

[Stats2909]

Fingers crossed... many thanks for your expertise and your time, it's massively appreciated

[User33678888]

Have your cars been fixed yet? Or a settlement reached?
The exact specifics of whom pays for what are irrelevant. The car that damaged yours has an insurance policy that should pay out for damage to 3rd parties. What the company that issued that policy do to recover the money is not your concern.

Edited by User33678888 on Wednesday 3rd April 19:54

[LoonR1]

User33678888 said:

Have your cars been fixed yet? Or a settlement reached?
The exact specifics of whom pays for what are irrelevant. The car that damaged yours has an insurance policy that should pay out for damage to 3rd parties. What the company that issued that policy do to recover the money is not your concern.

Seriously? After everything I've posted you still feel your incorrect information is worth posting?

Classic example of Breadvan's "man in the pubbisms"

[User33678888]

LoonR1 said:

User33678888 said:

Have your cars been fixed yet? Or a settlement reached?
The exact specifics of whom pays for what are irrelevant. The car that damaged yours has an insurance policy that should pay out for damage to 3rd parties. What the company that issued that policy do to recover the money is not your concern.

Seriously? After everything I've posted you still feel your incorrect information is worth posting?

Classic example of Breadvan's "man in the pubbisms"

You could point out how and why you think this is incorrect, as I seem to be rehashing roughly what you've already said.

LoonR1 said:

Simply speaking if its voided from inception then the Insurer still remains liable unless this is a really serious one in which case the MIB will deal. You won't lose out but it will take time.

I'm not a lawyer and may have miss-phrased something, but I was attempting to agree with you!

[LoonR1]

User33678888 said:

LoonR1 said:

User33678888 said:

Have your cars been fixed yet? Or a settlement reached?
The exact specifics of whom pays for what are irrelevant. The car that damaged yours has an insurance policy that should pay out for damage to 3rd parties. What the company that issued that policy do to recover the money is not your concern.

Seriously? After everything I've posted you still feel your incorrect information is worth posting?

Classic example of Breadvan's "man in the pubbisms"

You could point out how and why you think this is incorrect, as I seem to be rehashing roughly what you've already said.

LoonR1 said:

Simply speaking if its voided from inception then the Insurer still remains liable unless this is a really serious one in which case the MIB will deal. You won't lose out but it will take time.

I'm not a lawyer and may have miss-phrased something, but I was attempting to agree with you!

It's clear from the Op's position that he has claimed on his own insurance and the sticking point is over the third party's indemnity. If the policy is cancelled ab initio then it never existed in law, as such there is no TP policy to claim on. so recovering their outlay is moot.

It will be resolved in the OP's favour in time, whether that is with the TP insurance or the MIB, or the OP's own insurance (including the loss of NCD and excess) is yet to be seen.

There are a plethora of rules surrounding indemnity, but an insurer can cancel a policy from inception if the policy were taken out under false pretences by the proposer failing to declare sufficient relevant (and now asked for) material facts that it would not normally have offered cover.

Then we've got the hassle over whether it's a uninsured loss, as the OP has fully comp cover in place. Then there's the issue over their minimum excess of £500.

Basically there's all sorts of stuff going on, but simply stating the below is seriously flawed in tihs case. it may be true of by far the majority of normal cases, bu not his one by a long way.

User33678888 said:

The exact specifics of whom pays for what are irrelevant. The car that damaged yours has an insurance policy that should pay out for damage to 3rd parties. What the company that issued that policy do to recover the money is not your concern.

[User33678888]

Thank you for explaining that. I had not realised he was trying to claim from his own insurers but had assumed he had just informed them of the incident.

[LoonR1]

User33678888 said:

Thank you for explaining that. I had not realised he was trying to claim from his own insurers but had assumed he had just informed them of the incident.

It's situations like this where Fully Comp insurance and NOT using your own AMC are lifesavers.