Insurancehelp - write off
Discussion
Hi forum experts,
My wife's mate has a problem, and as the resident "person wholikes cars", it's apparently my job to help =)
Early this week, someone stole a car.
They parked the car next to wife's mate's pristine Eunos roadster.
They then torch car.
This ruins the MX5 (paint off 1 side, melted roof, firemen put half of lake conniston in the passenger window etc).
Wife mate's insurers are saying that she needs to claim on own insurance, as other car was stolen. However, the police treat the entire incident as 1 crime, and sort of agree with my assumption that burning her car is no different to if the stolen car hit her car, i.e 3rd party claim.
Can anyone shed any light from the seedy world of insurance, law, etc? Obviously I'd like proper info, but accusations of only helping to try to somehow arrange a 3's up is both expected and welcome.
Cheers in advance
Gump
PS - it was a mk1, low miles, slippy diff, no rust anywhere, even had the Jap flare in the door from when it was imported.
My wife's mate has a problem, and as the resident "person wholikes cars", it's apparently my job to help =)
Early this week, someone stole a car.
They parked the car next to wife's mate's pristine Eunos roadster.
They then torch car.
This ruins the MX5 (paint off 1 side, melted roof, firemen put half of lake conniston in the passenger window etc).
Wife mate's insurers are saying that she needs to claim on own insurance, as other car was stolen. However, the police treat the entire incident as 1 crime, and sort of agree with my assumption that burning her car is no different to if the stolen car hit her car, i.e 3rd party claim.
Can anyone shed any light from the seedy world of insurance, law, etc? Obviously I'd like proper info, but accusations of only helping to try to somehow arrange a 3's up is both expected and welcome.
Cheers in advance
Gump
PS - it was a mk1, low miles, slippy diff, no rust anywhere, even had the Jap flare in the door from when it was imported.
The owner of the MX-5 would be claiming of their own cover. The owners / insurers of the stolen car aren't responsible for the damage to the MX-5, they haven't been negligent or done anything wrong.
The fire brigade can't be blamed for water damage done to the MX-5, they were putting out a fire in the car next to it which was a public safety issue.
The fire brigade can't be blamed for water damage done to the MX-5, they were putting out a fire in the car next to it which was a public safety issue.
Two problems :-
1) Torching a car really doesn't come under the umbrella of "arising out of use of a vehicle on the road".
and ...
2) Deliberate acts are excluded from the Untraced Drivers Agreement (assuming the scrote hasn't been caught).
So if you can identify the driver (or those in the car in joint enterprise) then the insurer could be liable. But they would probably suggest 1).
If you can't, then the MIB would be the next port of call, but they won't pay because of 2).
1) Torching a car really doesn't come under the umbrella of "arising out of use of a vehicle on the road".
and ...
2) Deliberate acts are excluded from the Untraced Drivers Agreement (assuming the scrote hasn't been caught).
So if you can identify the driver (or those in the car in joint enterprise) then the insurer could be liable. But they would probably suggest 1).
If you can't, then the MIB would be the next port of call, but they won't pay because of 2).
Bah. I'll let her know. Next, I have to try to find evidence of the value of her car - I know the insurers will do a low offe, but it was mechanically mint and no rust anywhere. Was an import tho. Sadly, I know little on either the MX5 market, or imports affecting values, so I think this will be somewhat time consuming. There is also a risk I'll end up lusting after some daft BBR conversion for little money after looking long enough, too!
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