Insurance co. gets £15k from driver - worrying development

[Schnellmann]

Just read a story in the Zurich newspaper that is a bit disturbing.

http://www.tagesanzeiger.ch/schweiz/standard/Versi...

Man on way to work in his girlfriend's Nissan Micra. Country road behind two cars that were behind a tractor. First two cars go to overtake and as he was late for work (at 6am - only in Switzerland!) he followed them. The first two cars got past ok but there was a lorry coming the other way and the man in the Micra couldn't complete the overtake on time and causes an accident. He gets prosecuted for dangerous driving, big fine and three month ban.

However, some months later he gets a letter from the insurance company...saying he owes them £15'000 because his dangerous driving means they can claim some of the costs back from him.

The guy did make a mistake and was guily of bad driving....but it seems harsh, especially as he had no previous driving convictions.

Is this just the Swiss being Swiss or a worrying new trend for Insurance companies in general?

[SteveS Cup]

Sounds like a good idea... My insurance might drop and you'll find less people doing stupid things!!

[bencollins]

As my insurance stepdad use to say, there are very few real accidents, we are all picking up the tab.
He also knew of some criminals who did 1/2 million car damage in a few weeks.

[giw12]

Would set an untenable precedent IMHO, and at the moment it's a speculative letter from an insurance company, not a court judgement.

[Schnellmann]

giw12 said:

Would set an untenable precedent IMHO, and at the moment it's a speculative letter from an insurance company, not a court judgement.

This is a settled case. The person involved tried to take it to the insurance Ombudsmen but didn't get anywhere. Only relief he got was to pay the £15k in monthly installments over two years.

[Schnellmann]

SteveS Cup said:

Sounds like a good idea... My insurance might drop and you'll find less people doing stupid things!!

If this principle gets established then the risk is that it will be applied in more and more cases in favour of the insurance companies - accident whilst driving over the speed limit? Not covered. Overtaking someone? Oops...not covered there either (please refer to small print).

Perhaps for the majority of drivers it might be good news but for those on this forum I'm not so sure.

And of course, it will only really hurt those in the middle i.e. with enough assets and income to be able to pay (the uninsured or those with no assets won't be able to pay and the really rich probably won't care).

[Trif]

bencollins said:

As my insurance stepdad use to say, there are very few real accidents, we are all picking up the tab.

I'd much rather this than risk being sued £15K if I have a little off moment.