DAS insurance and accident
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Discussion

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
Hi all, was involved in a road rage incident last year. Matey sped through one of those traffic calming give ways, I gave a polite beep and he just sat there. I went to drive off and he battered my wing mirror, which really broke my zen. I reversed back to naively ask for insurance and threaten the police because I was a broke student and good luck finding a prelude wing mirror in my colour. After some sarcastic responses from both of us he just went for me and tried punching me 4 or 5 times, myself being 5'8 and him looking like some sort of jurassic primate I dumped the clutch and either through torque steer or him clasping at the wheel my car scraped up the side of his as I escaped.

I have dashcam footage and an independent witness so no lack of evidence, he even admitted to the assault so all good right? apparently not, I went through the dominos business insurance which is DAS and it's taken them 8 months to realise the third party isn't insured...great, so off the to the MIB. Do I want DAS representing my claim with the MIB for me? they don't seem to have done anything I couldn't have done myself so far and I can't see what they seem to get out of this so? They're asking for permission to 'submit, deal and accept funds on my behalf from the MIB' which sounds sketchy af, should I be like 'I'll take it from here' which is what I want to do.

On another note, soon after starting the MIB process Hastings (my normal insurer) have informed me of a claim from the MIB??? So I rang them up and they explicitly said that the MIB had put in a claim??? So I rang the MIB and they confirmed what I'd previously thought, that they're just a 'last resort fund' and don't put in claims, they just asked for a report of the accident. I'm now ringing Hastings again to ask who the fk put that down as a claim and can I be put in a dark room with them as my renewal is coming in 3 weeks and I really don't need this. jfc.

edit: so it turns out some numpty at hastings put down the MIB request for an accident report as a claim and ofc they have to 'properly review' it before they can get rid of it, which means holding my NCB ransom 3 weeks before renewal. There's also an internal indemnity claim bc I was driving for dominos at the time with addon business insurance..................apparently these smartasses need a higher up to review it just bc they don't insure me for business use, like yeah I know, that's the fking point of addon business insurance.

Edited by slipknotted on Monday 21st June 12:04

No ideas for a name

3,197 posts

115 months

Monday 21st June 2021
quotequote all
This sounds like it may get complicated...

If I understand it right,
the other driver clipped your mirror, a road-rage assult took place, but then you hit their car whilst 'escaping'?

So, you are claiming for damage to your car from the uninsured 'attacker'?
I assume no claim against you from the other driver.

I understand you escaping from the attack - but maybe the insurers will see it in isolation in that you hit their vehicle?

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
It's already complicated... but yeah you're about spot on, he broke my wing mirror as I went to drive away and I scraped the sides of both cars whilst he was punching me. I think he even got a grasp on the wheel as I was moving off so there's really not much in his defence. As there's no lack of evidence and he's admitted to the assault everyone involved agrees it should be non-fault and as he's not going to fight back as he's uninsured and it's going to MIB.

I'm claiming with the MIB for damage to my car


which shouldn't be a problem.

Main question is do I want DAS managing that claim?

Secondary is the fkup with Hastings manufacturing a claim and being pissy because I was using addon business insurance, even though it doesn't concern them.

CarCrazyDad

4,280 posts

64 months

Monday 21st June 2021
quotequote all
The car will be a write off.



No ideas for a name

3,197 posts

115 months

Monday 21st June 2021
quotequote all
CarCrazyDad said:
The car will be a write off.
It might well be... but the OP is still entitled to be paid for his losses.

Isn't using DAS, just another policy where they pay for your solicitor's costs... if so, I don't see why you shouldn't use that to reclaim your losses. Probably easier than doing it yourself - and thats what you paid for.

slipknotted said:
.... I went to drive away and I scraped the sides of both cars whilst he was punching me. I think he even got a grasp on the wheel
I would think being punched by the other driver at the time of the collision was good mitigation.


Edited by No ideas for a name on Monday 21st June 13:48

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
No ideas for a name said:
Isn't using DAS, just another policy where they pay for your solicitor's costs... if so, I don't see why you shouldn't use that to reclaim your losses. Probably easier than doing it yourself - and thats what you paid for.
Just dubious as I haven't paid them anything, I think dominos is paying them, I think...just don't want a massive bill if/when I get a payout form MIB

Smurfsarepeopletoo

1,012 posts

86 months

Monday 21st June 2021
quotequote all
This is likely to get even more complicated, as I suspect that when you mention to the insurers that it was done as a road rage incident, they will refuse the claim, as most policies dont cover road rage.

And if you dont mention the road rage, your then gonna have to try and explain why you damaged someone elses vehicle when they werent in the car, and it was their fault.

I would have thought that you may be able to recover the cost of your wing mirror, but unless you have evidence to show his hand was on your wheel, im not sure your gonna be able to recover anything for the damage to the side of your vehicle, when he wasnt even in his vehicle, and you effectively ran into his unattended vehicle.

DaveE87

1,149 posts

164 months

Monday 21st June 2021
quotequote all
I was at court last for a dispute over liability following a crash, and my insurer simply instructed a firm to represent me. The barrister they provided on the day was great and done what they were paid for I suppose. I don't see any reason why you shouldn't allow DAS to provide someone for you - it's not their solicitor, just someone they instruct to represent you.

As for your insurer, make an official complaint (if you haven't done so already) and refer to the ombudsman after 8 weeks if you're still not happy. Get alternative quotes etc for renewal as you might end up with some premium back, although may have some pain in the short-term.

mcflurry

9,189 posts

282 months

Monday 21st June 2021
quotequote all
AFAIK the MIB are the insurer of last resort.
If you have insurance, the claim would be picked up by your insurer ahead of the MIB.


slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
Smurfsarepeopletoo said:
This is likely to get even more complicated, as I suspect that when you mention to the insurers that it was done as a road rage incident, they will refuse the claim, as most policies dont cover road rage.

And if you dont mention the road rage, your then gonna have to try and explain why you damaged someone elses vehicle when they werent in the car, and it was their fault.

I would have thought that you may be able to recover the cost of your wing mirror, but unless you have evidence to show his hand was on your wheel, im not sure your gonna be able to recover anything for the damage to the side of your vehicle, when he wasnt even in his vehicle, and you effectively ran into his unattended vehicle.
We were both in our cars, it was a narrow road with him making it even narrower, he lent into my car to have a go/punch me. Surprisingly liability isn't the difficult bit, everyone involved, including my insurer agree that being punched and having your steering wheel grabbed is a pretty good reason to drive up the side of someone's car, it's hastings being funny and starting a claim when MIB asked for an accident report that's the problem. My own lack of knowledge of DAS's role isn't helping as well lmao.

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
mcflurry said:
AFAIK the MIB are the insurer of last resort.
If you have insurance, the claim would be picked up by your insurer ahead of the MIB.
My occasional business insurance is third party so there you go

Smurfsarepeopletoo

1,012 posts

86 months

Monday 21st June 2021
quotequote all
slipknotted said:
We were both in our cars, it was a narrow road with him making it even narrower, he lent into my car to have a go/punch me. Surprisingly liability isn't the difficult bit, everyone involved, including my insurer agree that being punched and having your steering wheel grabbed is a pretty good reason to drive up the side of someone's car, it's hastings being funny and starting a claim when MIB asked for an accident report that's the problem. My own lack of knowledge of DAS's role isn't helping as well lmao.
To make a claim from the MIB, you normally need to claim from your own fully comp insurance policy first, and then they claim from the MIB.

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
Smurfsarepeopletoo said:
To make a claim from the MIB, you normally need to claim from your own fully comp insurance policy first, and then they claim from the MIB.
As I understand, my normal fully comp policy has nothing to do with this, doesn't cover me for business use, etc, I knew this. It's a temporary? I think? occasional business use third party insurance that was covering me at the time (or whatever dominos uses) so there's no insurance of my own to claim on here, hence why we're going straight to MIB

martinbiz

3,698 posts

174 months

Monday 21st June 2021
quotequote all
Has the tard that assaulted you been prosecuted for that and/or no insurance?

mcflurry

9,189 posts

282 months

Monday 21st June 2021
quotequote all
slipknotted said:
As I understand, my normal fully comp policy has nothing to do with this, doesn't cover me for business use, etc, I knew this. It's a temporary? I think? occasional business use third party insurance that was covering me at the time (or whatever dominos uses) so there's no insurance of my own to claim on here, hence why we're going straight to MIB
If your car is showing as insured by Hastings, then would that take priority over the MIB in the pecking order for a claim?



slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
martinbiz said:
Has the tard that assaulted you been prosecuted for that and/or no insurance?
nope, no matter how much I pester hampshire constabulary...

mcflurry said:
If your car is showing as insured by Hastings, then would that take priority over the MIB in the pecking order for a claim?
no because hastings don't insure me for business use, so not their problem. Another company insured me third party for occasional business use, with it being third party MIB is the next step

DaveE87

1,149 posts

164 months

Monday 21st June 2021
quotequote all
slipknotted said:
mcflurry said:
If your car is showing as insured by Hastings, then would that take priority over the MIB in the pecking order for a claim?
no because hastings don't insure me for business use, so not their problem. Another company insured me third party for occasional business use, with it being third party MIB is the next step
I assume they might be regarded as an interested party though, and so may have unwanted admin costs even if it's just notification type stuff. I think this might be one of the reasons we get asked if we have any secondary occupations when taking out car insurance now. Some insurers avoid anyone that does any type of driving job.

slipknotted

Original Poster:

258 posts

66 months

Monday 21st June 2021
quotequote all
DaveE87 said:
slipknotted said:
mcflurry said:
If your car is showing as insured by Hastings, then would that take priority over the MIB in the pecking order for a claim?
no because hastings don't insure me for business use, so not their problem. Another company insured me third party for occasional business use, with it being third party MIB is the next step
I assume they might be regarded as an interested party though, and so may have unwanted admin costs even if it's just notification type stuff. I think this might be one of the reasons we get asked if we have any secondary occupations when taking out car insurance now. Some insurers avoid anyone that does any type of driving job.
quite possibly! I've rung up and told them what happened, like I did last time I had a little bump (non-fault guy paid me out of pocket) so I wasn't expecting anything like this. I think hastings has made a mistake internally as when I asked who was claiming they said the MIB, when I rang the MIB they said they only asked for details and don't make claims. hastings then pretty much agreed with this but won't admit to such an error and are taking their sweet time sorting it out.

on the bright side the difference in premium between 0yrs NCB and 3yrs NCB is only £300, which when your insurance is £1300/yr isn't too bad. So £1100 next year instead of £800 if they don't don't sort it out which I'm gonna ring up every day and hound them to do but at least I won't have to sell the car bc of insurance.

Aretnap

1,969 posts

180 months

Monday 21st June 2021
quotequote all
Smurfsarepeopletoo said:
slipknotted said:
We were both in our cars, it was a narrow road with him making it even narrower, he lent into my car to have a go/punch me. Surprisingly liability isn't the difficult bit, everyone involved, including my insurer agree that being punched and having your steering wheel grabbed is a pretty good reason to drive up the side of someone's car, it's hastings being funny and starting a claim when MIB asked for an accident report that's the problem. My own lack of knowledge of DAS's role isn't helping as well lmao.
To make a claim from the MIB, you normally need to claim from your own fully comp insurance policy first, and then they claim from the MIB.
Not quite. You need to claim from your own fully comp policy, your insurer pays out, sucks it up and makes a slightly smaller profit this year. (Or they try to claim directly from the uninsured scrote, but nine times out of ten that would mean throwing good money after bad).

They can't claim from the MIB, which exists to compensate people, not insurance companies. Insurance companies are big boys, paying claims is what they do for a living, and the risk that some of the cars they insure will be hit by uninsured drivers is a risk that they can factor into their premiums. They don't need an organisation like the MIB to bail them out.

This is academic however if the OP only had third party insurance for the journey he was making.

KungFuPanda

4,639 posts

199 months

Monday 21st June 2021
quotequote all
As I understand it, you’re insured by DAS for business use as a driver for Dominoes. You were working for Dominoes at the time of the incident.

You were insured on a third party only basis. Therefore the damage to your car isn’t covered by DAS. Hastings don’t have an interest because you weren’t driving your car in accordance with their own policy.

You wish to pursue a claim for losses from the third party. The third party isn’t insured. Personally, I’d let DAS present the claim to the MIB on your behalf. Claiming from the MIB is quite a technical feat and I wouldn’t recommend you do it on your own.