Any insurance experts in the house?

[Sim75]

So, an old dear kindly parked her Qashqai in my front garden flowerbed last week.
Luckily, she managed to take out the only thing in my front garden I didn't like - namely a couple of small 70's concete posts.

I'm looking to claim directly off her insurance to repair or replace what's damaged - or at least an amount equal too.

Question.

Knowing what insurance is like, will this get logged on CUE as a no-fault claim for me? I don’t want it inadvertently affecting my car insurance, which is super high at the moment owing to kids being on various policies.

It obviously has nothing to do with any of my cars or any driving, but since I’d be the one claiming on her policy, I’m not sure how it works.
House insurance vs car insurance etc...

[TwigtheWonderkid]

No, from your point of view, it's not a car insurance matter, it's a house insurance matter. You could contact your own buildings insurance, as it will include impact cover, although what garden stuff they cover may be limited. Or as you say, claim directly off the woman's car insurance for all your losses. What your insurer covers won't be relevant. You would be making exactly the same claim if you were a non car owner or indeed a non driver.

[Sim75]

TwigtheWonderkid said:

No, from your point of view, it's not a car insurance matter, it's a house insurance matter. You could contact your own buildings insurance, as it will include impact cover, although what garden stuff they cover may be limited. Or as you say, claim directly off the woman's car insurance for all your losses. What your insurer covers won't be relevant. You would be making exactly the same claim if you were a non car owner or indeed a non driver.

Perfect. Thanks.
I hadn't thought about the non-car owner bit, but you are spot on.

[Mandat]

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

[Sim75]

Mandat said:

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

Surely parking in ones front garden wall is pretty self explanitory

[Batfoy]

Sim75 said:

Mandat said:

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

Surely parking in ones front garden wall is pretty self explanitory

This is PH, at some point you'll be negligent in some obscure way or another. Patience young padawan.

[TwigtheWonderkid]

Sim75 said:

Mandat said:

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

Surely parking in ones front garden wall is pretty self explanitory

She could have been forced off the road by the bad driving of another unknown car. Or taken ill at the wheel. Or the steering column broke. Probably none of these, and she was negligent, but it's certainly possible to do nothing wrong and end up in someone's garden. And as correctly stated, no negligence, then you have no claim.

[Alex Z]

TwigtheWonderkid said:

Sim75 said:

Mandat said:

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

Surely parking in ones front garden wall is pretty self explanitory

She could have been forced off the road by the bad driving of another unknown car. Or taken ill at the wheel. Or the steering column broke. Probably none of these, and she was negligent, but it's certainly possible to do nothing wrong and end up in someone's garden. And as correctly stated, no negligence, then you have no claim.

If your car experiences a genuine mechanical failure or you have a heart attack and crash into something, would an insurer try and reject any claims?

[TwigtheWonderkid]

Alex Z said:

TwigtheWonderkid said:

Sim75 said:

Mandat said:

First thing to establish is, was she negligent?

Most likely she was, but if deemed not for any reason, then her insurance might not accept your claim.

Surely parking in ones front garden wall is pretty self explanitory

She could have been forced off the road by the bad driving of another unknown car. Or taken ill at the wheel. Or the steering column broke. Probably none of these, and she was negligent, but it's certainly possible to do nothing wrong and end up in someone's garden. And as correctly stated, no negligence, then you have no claim.

If your car experiences a genuine mechanical failure or you have a heart attack and crash into something, would an insurer try and reject any claims?

They wouldn't even have to try. If you aren't negligent, then no one can claim against you. If you look at any insurance wording that covers your third party risk, it'll say they cover your legal liability to third parties. And if you aren't negligent, you have no legal liability.

In simple terms, imagine being hit up the back in a queue of traffic, and being pushed into the car in front, and the car that hit you taking off at speed. The person in front of you cannot claim against you. Even though your car it embedded in the back of their car, you did nothing wrong.

[greengreenwood7]

unless somethings changed massively i had a diff experience manay years ago with a 'non-negligent' accident.

car pulled out from being parked without indicating, i took avoiding action, road was frosty - ended up hitting a car parked outside a garage. the sequence was that the garage claimed against my insurer who then in turn had to fight the insurer of the car which sparked the whole thing off. So the garage got sorted 'immediately' whereas me/my insurer didn't.

so the old dears insurers in this case - (as far as i can see) would be obliged to cover damage to the 3rd party - otherwise there's little point in being obliged to have '3rd party ' insurance; isn't that the point of it - to protect 3rd parties ( irrespective of whether she's fallen asleep/answered a text/had a mechanical car issue).

[TwigtheWonderkid]

greengreenwood7 said:

unless somethings changed massively i had a diff experience manay years ago with a 'non-negligent' accident.

car pulled out from being parked without indicating, i took avoiding action, road was frosty - ended up hitting a car parked outside a garage.

That doesn't sound like a total lack of negligence to me. You took evasive action knowing it was frosty, and lost control and hit a parked car. Seems that the decision to take evasive action was the wrong one, or if it was the right one, you overdid the evasive action.

That's why it went against you. Because your own insurer decided you were negligent.

[TwigtheWonderkid]

greengreenwood7 said:

so the old dears insurers in this case - (as far as i can see) would be obliged to cover damage to the 3rd party - otherwise there's little point in being obliged to have '3rd party ' insurance; isn't that the point of it - to protect 3rd parties ( irrespective of whether she's fallen asleep/answered a text/had a mechanical car issue).

The point of 3rd party cover isn't to protect 3rd parties. It's to protect you, from the costs of causing damage to someone else's person or property as a result of your negligence. Because if you were negligent, you're legally liable for any damages caused.

Falling asleep is negligent. Answering a text is negligent. A mechanical failure might be, it you'd done the work yourself or never had your car serviced, or might not be in other circumstances. If you're not negligent, you're not legally liable, and your 3rd party cover wouldn't pay out on your behalf, because you don't have to pay out.

Edited by TwigtheWonderkid on Sunday 23 March 15:22

[Jeffmaniac]

Insurance underwriter and former claims handler for 20+ years. Easiest thing to do is call the persons insurance who smashed into your garden directly as it is more cost effective to speak and deal with them direct. Unless they really mess you around, then go via your home insurance.

Your details will be added to an insurance database for making the claim whether you are at fault or not. Obviously legitimate claims will cause no issues and almost everyone makes claims over the course of their lifetime.

[Sim75]

Jeffmaniac said:

Insurance underwriter and former claims handler for 20+ years. Easiest thing to do is call the persons insurance who smashed into your garden directly as it is more cost effective to speak and deal with them direct. Unless they really mess you around, then go via your home insurance.

Your details will be added to an insurance database for making the claim whether you are at fault or not. Obviously legitimate claims will cause no issues and almost everyone makes claims over the course of their lifetime.

Thank you.

Would I have to declare them on my home insurance when renewing the policy?

[tight fart]

“Luckily, she managed to take out the only thing in my front garden I didn't like - namely a couple of small 70's concete posts.”

Begs the question, why are you bothering to claim?
Just because you can, you stated your car insurance is already expensive, this is why.
People like you.

[TwigtheWonderkid]

Sim75 said:

Jeffmaniac said:

Insurance underwriter and former claims handler for 20+ years. Easiest thing to do is call the persons insurance who smashed into your garden directly as it is more cost effective to speak and deal with them direct. Unless they really mess you around, then go via your home insurance.

Your details will be added to an insurance database for making the claim whether you are at fault or not. Obviously legitimate claims will cause no issues and almost everyone makes claims over the course of their lifetime.

Thank you.

Would I have to declare them on my home insurance when renewing the policy?

I guess so, as to you it's a home insurance claim. In so much as if she'd driven off and you had no info, and you wanted the damage fixed, it would be your home insurance you'd claim against.

Makes me wonder where you'd disclose a claim if you were run over when crossing the road?

[TwigtheWonderkid]

tight fart said:

“Luckily, she managed to take out the only thing in my front garden I didn't like - namely a couple of small 70's concete posts.”

Begs the question, why are you bothering to claim?
Just because you can, you stated your car insurance is already expensive, this is why.
People like you.

Good job expensive car insurance has got nothing to do with idiots who can't drive crashing in to other people's gardens.

[Sim75]

tight fart said:

“Luckily, she managed to take out the only thing in my front garden I didn't like - namely a couple of small 70's concete posts.”

Begs the question, why are you bothering to claim?
Just because you can, you stated your car insurance is already expensive, this is why.
People like you.

So I should just stare at a couple of busted and crumbled concrete posts or pay £1k + to replace it all myself. Which would you pick?

I didn't like it no, but it's still damaged. And it was a more favourable thing to hit than the two beautuful cherry trees either side.

That was my point.

[Sim75]

TwigtheWonderkid said:

Makes me wonder where you'd disclose a claim if you were run over when crossing the road?

...or if you didn't have home insurance, as many don't.