Can anyone offer advice....?
Discussion
To this issue...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Basically over a week has passed since someone drove into Mrs G.
Apparently [our insurers thought] it would likely end up as her fault or a split fault [Despite the circumstances].
But now there has been no follow up from the other sides insurers - despite them telling us there would be a claim.
We are a bit stuck - waiting....
We want to sell the car and move her insurance - becaue the current lot are crap.
Is there a time limit?
Can we force the issue?
Can we do anything?
Looks like blame is 50/50
O'Connel v Fraser [1963] - High Court reluctantly upheld a conviction of driver who edged from a park onto a road where his view was obstructed by parked vehicles.
Likewise in a civil case, where the burden of proof is less:
Land v London Transport Executive [1959] - Driver on a Major Road must still take precautions as to traffic emerging from minor roads and take due care to avoid colliding with it or endangering it.
It used to be, I understood, that in the old days, if a driver did not notify his Insurance Co of an accident, the other party could not claim on that Insurance Company.
Since 2005 no longer because of this:
http://www.tinyurl.com/adaqc
which to me gives the Insurance Company power to get the other side to act.
It would appear that in other than straightforward cases Insurance Companies tend to drag their heels.
Can only suggest that a calm dialogue be opened with posters Insurance Company, difficulties explained and solution sought.
Further,consider having an interview with a CAB Solicitor to explore the possibilty of civil action against the other driver, which may address matters.?
dvd
O'Connel v Fraser [1963] - High Court reluctantly upheld a conviction of driver who edged from a park onto a road where his view was obstructed by parked vehicles.
Likewise in a civil case, where the burden of proof is less:
Land v London Transport Executive [1959] - Driver on a Major Road must still take precautions as to traffic emerging from minor roads and take due care to avoid colliding with it or endangering it.
It used to be, I understood, that in the old days, if a driver did not notify his Insurance Co of an accident, the other party could not claim on that Insurance Company.
Since 2005 no longer because of this:
http://www.tinyurl.com/adaqc
which to me gives the Insurance Company power to get the other side to act.
It would appear that in other than straightforward cases Insurance Companies tend to drag their heels.
Can only suggest that a calm dialogue be opened with posters Insurance Company, difficulties explained and solution sought.
Further,consider having an interview with a CAB Solicitor to explore the possibilty of civil action against the other driver, which may address matters.?
dvd
Thanks DVD....
How would you suggest we start this?
Should Mrs G ask her insurers to do something.....?
We want this to resolve quickly. I don't understand why their insurers haven't contacted ours - if they are claiming as they have informed us they have.
We also want to make it very clear we are NOT making a claim - we don't want to bother if they aren't. But every time we contact them it is a running battle to NOT have them file the call as a claim.
How would you suggest we start this?
Should Mrs G ask her insurers to do something.....?
We want this to resolve quickly. I don't understand why their insurers haven't contacted ours - if they are claiming as they have informed us they have.
We also want to make it very clear we are NOT making a claim - we don't want to bother if they aren't. But every time we contact them it is a running battle to NOT have them file the call as a claim.
Gorvid said:
Thanks DVD....
How would you suggest we start this?
Should Mrs G ask her insurers to do something.....?
We want this to resolve quickly. I don't understand why their insurers haven't contacted ours - if they are claiming as they have informed us they have.
We also want to make it very clear we are NOT making a claim - we don't want to bother if they aren't. But every time we contact them it is a running battle to NOT have them file the call as a claim.
Gorvid - they will record everything on the file as "driving record" whether your fault or not your fault How would you suggest we start this?
Should Mrs G ask her insurers to do something.....?
We want this to resolve quickly. I don't understand why their insurers haven't contacted ours - if they are claiming as they have informed us they have.
We also want to make it very clear we are NOT making a claim - we don't want to bother if they aren't. But every time we contact them it is a running battle to NOT have them file the call as a claim.
Having looked at the link - I'd be inclined to think 50/50 split but it depends how the third party's insurers decide to act and they will base on the report they get from their insured. If the accounts do not tally - or each holds the other responsible - you may get requests for more details.
I would make a phone call to the insurers and ask point blank how far forward with this claim they are - requesting details of her version and any injuries she may be claiming as well. (Folk do try the old "whiplash injury"
) When you come to renew - shop around for best deal and "golden hellos" to offset losses on NCB - but hey - telling Granny how to suck the proverbial eggs here
wolf1 said:
Gorvid said:
I'm also toying with instructing our insurers to pay NOTHING - I didn't realise i could do that.
Does it still lodge as a claim when you do that? I know insurance companies use every tenuous link to refuse claims or put premiums up.I want to ensure it doesn't.......but they are berks.
If you change insurance companies then your current insurer is still liable for any claims that could be made against you during the period they covered you. If you've informed them of an unresolved collision then unless you have protected no claims, they are likely to want to count it against no claims until it's resolved.
If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
vonhosen said:
If you change insurance companies then your current insurer is still liable for any claims that could be made against you during the period they covered you. If you've informed them of an unresolved collision then unless you have protected no claims, they are likely to want to count it against no claims until it's resolved.
If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
Thanks Von.If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
So we can move easy enough....but there is the issue of the NCB.
All we have done so far is informed them - can they hold the NCB back on this?
Is there anything we can do?
Gorvid said:
vonhosen said:
If you change insurance companies then your current insurer is still liable for any claims that could be made against you during the period they covered you. If you've informed them of an unresolved collision then unless you have protected no claims, they are likely to want to count it against no claims until it's resolved.
If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
Thanks Von.If your new insurers have given you a quote based on that no claims they are going to want proof of it from your previous insurers, something your previous insurers may not be inclined to give (amount as quoted to new insurers) with a collision outstanding.
They share claims information as well of course.
Of course if you've got protected no claims moving insurance companies will be far less of a problem.
So we can move easy enough....but there is the issue of the NCB.
All we have done so far is informed them - can they hold the NCB back on this?
Is there anything we can do?
Changing mid term means you may lose money if you've paid the full premium upfront. Again your terms & conditions will show proportions of premium that will be returned should you cancel the policy mid term.
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