Insurance Question - NCB and pedestrian accident
Discussion
Apologies for long post...
STORY
In February this year, I hit a pedestrian.
He ran out right in front of me between parked cars outside the University he lectures at.
End result was a broken leg for him, and a couple of days off work with shock for me.
The Police interviewed me, and breathalysed me at the scene, and I produced all my docs at the roadside (i was coming back from the tax and MOT station at the time).
The only witness backed up my story that he ran out infront of me.
The Police have exonerated me of all blame.
Now, Hefalump, my insurers have taken away 3 years NCB as they say he has 3 years in which to pursue me for damages, despite them having read the Police reports (I appreciate the lower burden of proof in a civil rather than criminal court).
I have asked them to get a letter of indemnity from him to say that it was 100% his fault, on the basis that if he IS going to sue, lets get it out of the way.
My insurers seem very slow to act on this (they wrote to him once in August, and have not chased since, despite me asking them to).
My issue is this - at the time of the accident I had committed to buying (and subsequently bought) a Lotus Elise 111S on the basis that I would have protected 4 years NCD (which I would have had in April) - hefalump have knocked me back to 1 years NCD and put it down as an open accident on my record.
I now have a speeding hearing due in Feb, which if convicted of, could increase my premium by about a grand (when taken into account with the loss of NCD).
I don't think the 3rd party is probably aware that I am losing over 1k a year in insurance premiums, and that if I have an accident now, when I would have had a protected NCD, I would lose out...
Now my question is - is this normal, and what else can I do about it?
STORY
In February this year, I hit a pedestrian.
He ran out right in front of me between parked cars outside the University he lectures at.
End result was a broken leg for him, and a couple of days off work with shock for me.
The Police interviewed me, and breathalysed me at the scene, and I produced all my docs at the roadside (i was coming back from the tax and MOT station at the time).
The only witness backed up my story that he ran out infront of me.
The Police have exonerated me of all blame.
Now, Hefalump, my insurers have taken away 3 years NCB as they say he has 3 years in which to pursue me for damages, despite them having read the Police reports (I appreciate the lower burden of proof in a civil rather than criminal court).
I have asked them to get a letter of indemnity from him to say that it was 100% his fault, on the basis that if he IS going to sue, lets get it out of the way.
My insurers seem very slow to act on this (they wrote to him once in August, and have not chased since, despite me asking them to).
My issue is this - at the time of the accident I had committed to buying (and subsequently bought) a Lotus Elise 111S on the basis that I would have protected 4 years NCD (which I would have had in April) - hefalump have knocked me back to 1 years NCD and put it down as an open accident on my record.
I now have a speeding hearing due in Feb, which if convicted of, could increase my premium by about a grand (when taken into account with the loss of NCD).
I don't think the 3rd party is probably aware that I am losing over 1k a year in insurance premiums, and that if I have an accident now, when I would have had a protected NCD, I would lose out...
Now my question is - is this normal, and what else can I do about it?
eccles said:
the pedestrian isn't responsible for your insurance going up a grand, a chunk of that will be down to you for the speeding.
No, the grand is for the ped - I have done the same search with six points and 4 years NCD vs six points with 1 NCD and an accident....
My question is, is this standard practice and can I force my insurers to be a bit more proactive (if I stay claim free for anothr 2 years 1 month they will repay my extra premium WITHOUT interest assuming the ped does not claim (he has three years to claim in).
So I am roughly 3k out of pocket for three years, lose the interest on it, and if some scrote decides to jump on my car and I have to claim, I lose it for good, all because some idiot thought running to get to his car was more important than the Green Cross Code - you gotta love this country?
allaway said:
This is typical of insurance comps. You are assumed guilty until proven innocent. If you are close to max NCD and have a claim they will withold bonus until claim sorted. If they reinstate your bonus after renewal you then cant protect it because you can only protect at renewal!
So I am screwed then? That's three less holidays I shall have over the next three years then?
I could potentially write to the ped myself and explain my situation maybe? Or is that a bad idea?
I would rather it went to court, as I was doing 15-20mph, and he literally ran into my car - maybe I could sue him?
I thought that there were 7 years to claim under insurance, but even if its only 3 years, I asume that you have lost the NCD because you have claimed and had the car repaired under your own policy?
Do you have an uninsured loss policy (or household / RAC etc. cover with similar)? Surely if the accident was not your fault, you should be pursuing your costs against the third party directly, and so should the insurer, if they have paid for repairs. I don't understand how they can withdraw NCD because there might be a claim in the next 3 years.
My experience with insurers is that you need to kick them hard and often to get anything done.
7.
Do you have an uninsured loss policy (or household / RAC etc. cover with similar)? Surely if the accident was not your fault, you should be pursuing your costs against the third party directly, and so should the insurer, if they have paid for repairs. I don't understand how they can withdraw NCD because there might be a claim in the next 3 years.
My experience with insurers is that you need to kick them hard and often to get anything done.
7.
number 7 said:
I thought that there were 7 years to claim under insurance, but even if its only 3 years,
No, its three years apparently for personal injuries
number 7 said:
I asume that you have lost the NCD because you have claimed and had the car repaired under your own policy?
No, I paid for a new windscreen wiper and a mate buffed out the scrathes from when he slid up my bonnet and windscreen. Seriously, I was going so slow there was no more than £10's worth of damage (to my car)
number 7 said:
Do you have an uninsured loss policy (or household / RAC etc. cover with similar)? Surely if the accident was not your fault, you should be pursuing your costs against the third party directly, and so should the insurer, if they have paid for repairs.
I shall check my home insurance policy - thanks!
number 7 said:
I don't understand how they can withdraw NCD because there might be a claim in the next 3 years.
Me either, hence the post...
Bing o said:
number 7 said:
I thought that there were 7 years to claim under insurance, but even if its only 3 years,
No, its three years apparently for personal injuries
number 7 said:
I asume that you have lost the NCD because you have claimed and had the car repaired under your own policy?
No, I paid for a new windscreen wiper and a mate buffed out the scrathes from when he slid up my bonnet and windscreen. Seriously, I was going so slow there was no more than £10's worth of damage (to my car)
number 7 said:
Do you have an uninsured loss policy (or household / RAC etc. cover with similar)? Surely if the accident was not your fault, you should be pursuing your costs against the third party directly, and so should the insurer, if they have paid for repairs.
I shall check my home insurance policy - thanks!
number 7 said:
I don't understand how they can withdraw NCD because there might be a claim in the next 3 years.
Me either, hence the post...
No loss of earnings from the time off sick?
7.
Nope, only potentially lost overtime, but it was quite nice to put my feet up once I was over the whole "man on windscreen, man with very obviously broken leg" shock.
Does anyone know if there is anyway I can force him to act, or am I a victim of our no-win no-fee compensation culture?
Does anyone know if there is anyway I can force him to act, or am I a victim of our no-win no-fee compensation culture?
The time limit to start proceedings for personal injury claims is definitely 3 years.
However I am totally bemused as to how this non claim can affect your NCD. Surely all you have done is report the incident to the Insurance company. If you haven't made a claim, or at this point had any made against you, all the insurance company can do is load your next premium in light of your accident history. I cannot see how it affects your NCD....
On the other hand if for some absurd reason the insurance company have right on their side, you then have a case against the pedestrian for your financial losses over the next 3 years. You would need to quantify that and then go to the small claims court. That is what any legal expenses cover on your car or house insurance is for.
However I am totally bemused as to how this non claim can affect your NCD. Surely all you have done is report the incident to the Insurance company. If you haven't made a claim, or at this point had any made against you, all the insurance company can do is load your next premium in light of your accident history. I cannot see how it affects your NCD....
On the other hand if for some absurd reason the insurance company have right on their side, you then have a case against the pedestrian for your financial losses over the next 3 years. You would need to quantify that and then go to the small claims court. That is what any legal expenses cover on your car or house insurance is for.
They are treating this as a claim until he does not claim...
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
Bing o said:
They are treating this as a claim until he does not claim...
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
for starters I would talk to the Financial Ombudsman Services - have a quick natter with them off the record, then phone hefalump and inform them that you are talking to the FOS with a view to taking action against them, and that you will also approach Watchdog.
Can't say what happens next as when I got to this point the company I was having problems with simply relented to everything I asked for
Bing o said:
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I had a similar experience with an idiot who ran out in front of me when I was on a motorbike. He too was in bad way, broken arm and stuff, but so was my bike.
It wasn't an accident, he didn't look. Sue the bastard.
Bing o said:
They are treating this as a claim until he does not claim...
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
Therefore, I have "lost" my no claims.
I am unwilling to take the guy to Court, he was in a bad way, and it was an accident.
I am more pissed off with my insurance company however, for being such nobs - they have my statement, and that of the police and the independent witness.
Is there an insurance forum someone could point me at?
It may have been an accident, but it does sound as if the liability lies with him entirely. Do you think he would be so accommodating if you had been speeding and hit him?
Surely the choices are either to pursue him through legal means, or get him to provide written confirmation (drafted by your insurer) that he will never make a claim against you / your insurer in respect of this accident.
7.
I've got a small claim ongoing at the moment, so I took the opportunity to ask Admiral how they would treat your situation. Essentially, until a claim is made, they would make no reduction in NCD.
However, for peace of mind, I would suggest obtaining a waiver from the third party. That's not to say that you couldn't pursue them, of course
7.
However, for peace of mind, I would suggest obtaining a waiver from the third party. That's not to say that you couldn't pursue them, of course
7.
Edited by number 7 on Wednesday 10th January 17:01
number7 said:
It may have been an accident, but it does sound as if the liability lies with him entirely. Do you think he would be so accommodating if you had been speeding and hit him?
True, but having had my leg shattered, I wouldn't like someone to sue me for being a bit of a div as a one off...
number 7 said:
Get him to provide written confirmation (drafted by your insurer) that he will never make a claim against you / your insurer in respect of this accident.
That is what I asked Elephant to do six months ago
number 7 said:
I've got a small claim ongoing at the moment, so I took the opportunity to ask Admiral how they would treat your situation. Essentially, until a claim is made, they would make no reduction in NCD.
Interesting. Especially as Elephant was part of Admiral last time I looked...
An email is winging its way to the FOS as I type...
unfortunatly in the eyes of the law the pedestrian is in the right and you were in the wrong,this happened to me when a child ran across the road and i hit them,police took no action as the three witnesses(all old folk,they are good for some things)all backed me up.
done some research into it and found that blame goes on a percentage scale in court.so even if you werent to blame,in the eyes of the law you are to blame even if only a small percentage.
my insurance company took away two years ncb,the worst bit was renewal time when i decided to look elsewhere for insurance with an outstanding personal injury claim,not good news.
in the end,i managed to get the insurance company to set the claim at 2k and close it pending a claim.
when it comes to accidents with pedestrians insurance companies are a nightmare,they wont write to them in fear of sparking off a claim which could cost them tens of thousands of pounds.
sit tight and see what happens
by the way,where my "victim" was under 16,they have until they are 16 to claim.so its worse for me...
done some research into it and found that blame goes on a percentage scale in court.so even if you werent to blame,in the eyes of the law you are to blame even if only a small percentage.
my insurance company took away two years ncb,the worst bit was renewal time when i decided to look elsewhere for insurance with an outstanding personal injury claim,not good news.
in the end,i managed to get the insurance company to set the claim at 2k and close it pending a claim.
when it comes to accidents with pedestrians insurance companies are a nightmare,they wont write to them in fear of sparking off a claim which could cost them tens of thousands of pounds.
sit tight and see what happens
by the way,where my "victim" was under 16,they have until they are 16 to claim.so its worse for me...
fcukruss said:
the worst bit was renewal time when i decided to look elsewhere for insurance with an outstanding personal injury claim,not good news.
It's understandable that moving would be complicated with an ongoing claim im progress, but in the OP's case there currently is no claim.
It doesn't seem reasonable to me to take away NCD when there has been no claim.
deva link said:
fcukruss said:
the worst bit was renewal time when i decided to look elsewhere for insurance with an outstanding personal injury claim,not good news.
It's understandable that moving would be complicated with an ongoing claim im progress, but in the OP's case there currently is no claim.
It doesn't seem reasonable to me to take away NCD when there has been no claim.
they hadnt started to claim against me at that point either,but insurance companies didnt want to know.my insurance doubled!
Write the the chap yourself requiring him to warrant that he will not pursue any legal claim against you in respect of this incident. Put a paragraph to state that in the event he does instigate a claim that he will be liable to pay you double the amount he is claiming for, irrespective of whether he wins or loses.
I would also advise him that you are suffering a loss as a result of this incident in the region of £1000 and in lieu of any warrant as above, you will be forced to issue proceedings against him to recover those losses.
I would also advise him that you are suffering a loss as a result of this incident in the region of £1000 and in lieu of any warrant as above, you will be forced to issue proceedings against him to recover those losses.
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