Open non-fault insurance claim treated as a fault claim
Discussion
I had a non-fault accident in August 2011. Other party admitted liability, car was repaired, didn't have to pay my excess, never heard a thing more about it, all was forgotten. Until a few days ago...
My current insurer has told me the accident is showing as a fault claim on an insurance database. Spoke to my old insurer - they confirmed the claim was non-fault. However, the claim is technically still open as they only agreed the final cost figure with the other party's insurer on 29 April, and are apparently expecting to receive a final settlement cheque in the next few weeks (how on earth has it taken over 2.5 years?!). The old insurer helpfully provided written confirmation of all of this for me to pass on, and a separate confirmation of no claims bonus (which would have been lost if it was a fault claim).
The new insurer has now told me that all open claims are fault claims, and would like to charge me another £286 (including an admin fee, of course) for their troubles - they couldn't care less about the old insurer's note/confirmation.
Any advice? Or am I stuck with this?
My current insurer has told me the accident is showing as a fault claim on an insurance database. Spoke to my old insurer - they confirmed the claim was non-fault. However, the claim is technically still open as they only agreed the final cost figure with the other party's insurer on 29 April, and are apparently expecting to receive a final settlement cheque in the next few weeks (how on earth has it taken over 2.5 years?!). The old insurer helpfully provided written confirmation of all of this for me to pass on, and a separate confirmation of no claims bonus (which would have been lost if it was a fault claim).
The new insurer has now told me that all open claims are fault claims, and would like to charge me another £286 (including an admin fee, of course) for their troubles - they couldn't care less about the old insurer's note/confirmation.
Any advice? Or am I stuck with this?
Cheers all. Seems like the options are:
1) Pay the £286 additional premium, but apparently it is refundable (less a £35 non-disclosure fee which is per T&Cs) as soon as the claim is closed, theoretically in the next 2-3 weeks. Then take my business elsewhere next year. Have asked them to clarify how I can disclose something that I don't know about, it's pretty reasonable to assume a matter from over 2.5 years ago has been dealt with!
2) Cancel the insurance and take out a new policy with my old insurer, who sensibly will treat it as a non-fault claim. However, the additional premium of £286 will be deducted from refund, so that's a non-starter.
So, I've learnt:
- Non-fault insurance claims really are an utter pain in the backside.
- You wouldn't think a simple car park knock (no personal injury claims!) could take nearly 3 years to sort out, but apparently it does.
- I've not mentioned it before, but I suspect it has taken this long because neither insurer understands how to repair a Lotus Elise and the work/costs involved. Took 3 different engineer visits and lots of faffing before they could even agree how to repair the car!
- Car insurers really are an obnoxious bunch.
Apologies for the rant!
1) Pay the £286 additional premium, but apparently it is refundable (less a £35 non-disclosure fee which is per T&Cs) as soon as the claim is closed, theoretically in the next 2-3 weeks. Then take my business elsewhere next year. Have asked them to clarify how I can disclose something that I don't know about, it's pretty reasonable to assume a matter from over 2.5 years ago has been dealt with!
2) Cancel the insurance and take out a new policy with my old insurer, who sensibly will treat it as a non-fault claim. However, the additional premium of £286 will be deducted from refund, so that's a non-starter.
So, I've learnt:
- Non-fault insurance claims really are an utter pain in the backside.
- You wouldn't think a simple car park knock (no personal injury claims!) could take nearly 3 years to sort out, but apparently it does.
- I've not mentioned it before, but I suspect it has taken this long because neither insurer understands how to repair a Lotus Elise and the work/costs involved. Took 3 different engineer visits and lots of faffing before they could even agree how to repair the car!
- Car insurers really are an obnoxious bunch.
Apologies for the rant!
An outstanding claim isn't a settled claim, ergo it's not a "no fault accident" until full settlement in your favour as a counterclaim may still be made against your policy until then; some NCB is therefore temporarily dispensed with until the outstanding claim is settled and no claim is made against your policy, this is how it (often) is 
.
Been like this for at least the last two Preston Guilds
(I fell foul of this in '92 when my parked car was hit, but have been blessed to be able to get more recent claims sorted in a few months 
rather than finishing in small claims court after 18 months 
).
.Been like this for at least the last two Preston Guilds
(I fell foul of this in '92 when my parked car was hit, but have been blessed to be able to get more recent claims sorted in a few months rather than finishing in small claims court after 18 months ).I think technically is IS a no-fault accident. The point I think was being made is that the claim is still open until all the parties have settled the bills.
To the OP's point the circumstances can still clearly be no fault. That is not the same as "no claim" but if an insurer is going to argue the toss with you about this when they are trying to acquire you as a new customer you should tell them to get stuffed, demand a full refund and cancellation because they have misled you and are trying to change the deal, and then tell everyone on the internet who they are as they sound like a bunch of shysters to me.
To the OP's point the circumstances can still clearly be no fault. That is not the same as "no claim" but if an insurer is going to argue the toss with you about this when they are trying to acquire you as a new customer you should tell them to get stuffed, demand a full refund and cancellation because they have misled you and are trying to change the deal, and then tell everyone on the internet who they are as they sound like a bunch of shysters to me.
I don't think the new insurer is to blame here. They are basing their premium adjustment on data that the original insurer has placed onto CUE. In addition, if the OP's scenario of the accident due, then it should've been closed a long time ago. Effectively blame your original insurer not your new one, if you really want to apportion blame.
The question raised by pork911 is valid though. Did you incur additional costs, that also need recovering or not, such as a like for like hire car?
The question raised by pork911 is valid though. Did you incur additional costs, that also need recovering or not, such as a like for like hire car?
I had an exactly similar situation although it only took the astonishingly fast 2 years rather than 2.5.
Initially I too blamed my new insurer, but the problem is that they all do that.
For some reason only your insurer at the time of the claim is able to satisfy themselves it is non-fault.
For everyone else they just look up on the system and see "open claim". No amount of documentation will persuade them otherwise.
In fact you have reminded me that I am probably due a refund now my claim is finally closed although it wasn't as much as nearly £300!
It isn't reasonable to assume ANYTHING about your non-fault status unless you have it in writing.
For all you know the other party IS claiming for whiplash and is going to court and dragging on and on.
I had to badger my insurer almost every day for a month until they closed the claim even after the opposing insurer had sent the cheque.
It was "lost in the system".
Initially I too blamed my new insurer, but the problem is that they all do that.
For some reason only your insurer at the time of the claim is able to satisfy themselves it is non-fault.
For everyone else they just look up on the system and see "open claim". No amount of documentation will persuade them otherwise.
In fact you have reminded me that I am probably due a refund now my claim is finally closed although it wasn't as much as nearly £300!
McDuck said:
Cheers all. Seems like the options are:
1) Pay the £286 additional premium, but apparently it is refundable (less a £35 non-disclosure fee which is per T&Cs) as soon as the claim is closed, theoretically in the next 2-3 weeks. Then take my business elsewhere next year. Have asked them to clarify how I can disclose something that I don't know about, it's pretty reasonable to assume a matter from over 2.5 years ago has been dealt with!
Regarding this - I think you are being a little unfair.1) Pay the £286 additional premium, but apparently it is refundable (less a £35 non-disclosure fee which is per T&Cs) as soon as the claim is closed, theoretically in the next 2-3 weeks. Then take my business elsewhere next year. Have asked them to clarify how I can disclose something that I don't know about, it's pretty reasonable to assume a matter from over 2.5 years ago has been dealt with!
It isn't reasonable to assume ANYTHING about your non-fault status unless you have it in writing.
For all you know the other party IS claiming for whiplash and is going to court and dragging on and on.
I had to badger my insurer almost every day for a month until they closed the claim even after the opposing insurer had sent the cheque.
It was "lost in the system".
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