Car insurance mess after accident
Discussion
Good evening forum members
just thought i would post this for your expert comments advice help anything to help me make scense out of this mess
i was involved in a head on crash a couple of months back i was hit head on by a car that was on the wrong side of the road on a sharp bend
The driver admitted full blame for the accident and was also charged by the police as a result so far so good
i was offered 25000 settlement for my vehicle by my insurance yoga imsurance i declined the offer as my vehicle was valued in excess of 30k
whilst this was on the table the third partys insurance agreed to full responsibility for the accident all good so far
one week later my insurance cancelled my policy as in thair view i had undeclaired modifications to my vehicle this amounted to a set of wheel arch protectors and air scoop on the bonnett that were on the vehicle when i brought it the vehicle is a ford ranger wildetrack iam 65 and have never modified my vehicle it was as i brought it and i believe were factory fitted optional extras so i now have a policy cancelled and my claim rejected
i then contacted the third partys insurance only to be told that the third partys insurance was invalid as that had used the vehicle to commute to and from work which was a breach of terms of use so as it stands im in limbo to complicate this further the third party has informed me her insurance have said thay are paying my claim which thay are not and i have a recorded phone call saying just that i have written to them three times and not had a response
To be honest i dont know what to do next i can complain to the ombudsman but this will take weeks or should i take legal advice just today the third party has informed me her employer has written a letter to her insurance stating she was not at work on the day of the accident what a mess
thank you for your time please respond i thank you in advance john
just thought i would post this for your expert comments advice help anything to help me make scense out of this mess
i was involved in a head on crash a couple of months back i was hit head on by a car that was on the wrong side of the road on a sharp bend
The driver admitted full blame for the accident and was also charged by the police as a result so far so good
i was offered 25000 settlement for my vehicle by my insurance yoga imsurance i declined the offer as my vehicle was valued in excess of 30k
whilst this was on the table the third partys insurance agreed to full responsibility for the accident all good so far
one week later my insurance cancelled my policy as in thair view i had undeclaired modifications to my vehicle this amounted to a set of wheel arch protectors and air scoop on the bonnett that were on the vehicle when i brought it the vehicle is a ford ranger wildetrack iam 65 and have never modified my vehicle it was as i brought it and i believe were factory fitted optional extras so i now have a policy cancelled and my claim rejected
i then contacted the third partys insurance only to be told that the third partys insurance was invalid as that had used the vehicle to commute to and from work which was a breach of terms of use so as it stands im in limbo to complicate this further the third party has informed me her insurance have said thay are paying my claim which thay are not and i have a recorded phone call saying just that i have written to them three times and not had a response
To be honest i dont know what to do next i can complain to the ombudsman but this will take weeks or should i take legal advice just today the third party has informed me her employer has written a letter to her insurance stating she was not at work on the day of the accident what a mess
thank you for your time please respond i thank you in advance john
johncunningham said:
Good evening forum members
just thought i would post this for your expert comments advice help anything to help me make scense out of this mess
i was involved in a head on crash a couple of months back i was hit head on by a car that was on the wrong side of the road on a sharp bend
The driver admitted full blame for the accident and was also charged by the police as a result so far so good
i was offered 25000 settlement for my vehicle by my insurance yoga imsurance i declined the offer as my vehicle was valued in excess of 30k
whilst this was on the table the third partys insurance agreed to full responsibility for the accident all good so far
one week later my insurance cancelled my policy as in thair view i had undeclaired modifications to my vehicle this amounted to a set of wheel arch protectors and air scoop on the bonnett that were on the vehicle when i brought it the vehicle is a ford ranger wildetrack iam 65 and have never modified my vehicle it was as i brought it and i believe were factory fitted optional extras so i now have a policy cancelled and my claim rejected
i then contacted the third partys insurance only to be told that the third partys insurance was invalid as that had used the vehicle to commute to and from work which was a breach of terms of use so as it stands im in limbo to complicate this further the third party has informed me her insurance have said thay are paying my claim which thay are not and i have a recorded phone call saying just that i have written to them three times and not had a response
To be honest i dont know what to do next i can complain to the ombudsman but this will take weeks or should i take legal advice just today the third party has informed me her employer has written a letter to her insurance stating she was not at work on the day of the accident what a mess
thank you for your time please respond i thank you in advance john
Someone else breaking their insurance's terms is absolutely not your problem. The insurer should still pay affected third parties (it's their own custoner that is in trouble)just thought i would post this for your expert comments advice help anything to help me make scense out of this mess
i was involved in a head on crash a couple of months back i was hit head on by a car that was on the wrong side of the road on a sharp bend
The driver admitted full blame for the accident and was also charged by the police as a result so far so good
i was offered 25000 settlement for my vehicle by my insurance yoga imsurance i declined the offer as my vehicle was valued in excess of 30k
whilst this was on the table the third partys insurance agreed to full responsibility for the accident all good so far
one week later my insurance cancelled my policy as in thair view i had undeclaired modifications to my vehicle this amounted to a set of wheel arch protectors and air scoop on the bonnett that were on the vehicle when i brought it the vehicle is a ford ranger wildetrack iam 65 and have never modified my vehicle it was as i brought it and i believe were factory fitted optional extras so i now have a policy cancelled and my claim rejected
i then contacted the third partys insurance only to be told that the third partys insurance was invalid as that had used the vehicle to commute to and from work which was a breach of terms of use so as it stands im in limbo to complicate this further the third party has informed me her insurance have said thay are paying my claim which thay are not and i have a recorded phone call saying just that i have written to them three times and not had a response
To be honest i dont know what to do next i can complain to the ombudsman but this will take weeks or should i take legal advice just today the third party has informed me her employer has written a letter to her insurance stating she was not at work on the day of the accident what a mess
thank you for your time please respond i thank you in advance john
Modifications - if you can prove they are standard fit, fine. If not, different argument to be had.
shtu said:
Someone else breaking their insurance's terms is absolutely not your problem. The insurer should still pay affected third parties (it's their own custoner that is in trouble)
There are many circumstances where that isn't the case, although on the face of it this sounds like circumstances where they should be meeting the tp claim.OP, get yourself a specialist insurance lawyer.
Crappy situation but slightly off topic, on the matter that the insurers are refuting as the car has been deemed modified... ie bonnet scoop and arch flats. In such cases, where does genuine ignorance start / stop? That's by no way demeaning on the OP but if you genuinely don't know relatively minor changes aren't "standard"" then that's a proper minefield, especially if you factor in dealer fit too.
Davie said:
Crappy situation but slightly off topic, on the matter that the insurers are refuting as the car has been deemed modified... ie bonnet scoop and arch flats. In such cases, where does genuine ignorance start / stop? That's by no way demeaning on the OP but if you genuinely don't know relatively minor changes aren't "standard"" then that's a proper minefield, especially if you factor in dealer fit too.
The Op declared that the car was free from mods in ‘good faith’.i.e he honestly didn’t think that the car was modified.
This counts for something.
I think he has two potential threads to persue. One against his own insurer and one against the 3rd party’s.
Perhaps the former isn’t worth the candle, but the lawyer can advise on that.
Not a great look from the brave boys and girls of the insurance industry is it?
Very likely they are dealer-installed items, certainly Ford sell such things; they will not have impacted on the severity or cost of the accident, the insurer is at it, appeal to them and if that goes nowhere try the ombudsman. At most they can argue you might have paid more on the premium for these "modifications", voiding it is ridiculous.
Assuming you bought your vehicle second hand, do you have the advert? Does that mention any options?
Dealer should be able to help and complain to your insurers.
Do you have any legal cover on any insurance? If so, they will instruct a solicitor to help, put some pressure on the defendant's insurers
Dealer should be able to help and complain to your insurers.
Do you have any legal cover on any insurance? If so, they will instruct a solicitor to help, put some pressure on the defendant's insurers
I think two things are being conflated here.
1. The OP IS going to get paid out the value of his car. This isn't an issue. The TPs insurer are on the hook for that regardless.
2. The OP's own insurer has, as a result of looking at the OP's car, decided thar he's got undeclared modifications and have cancelled his cover going forward (despite the car being a write off and they won't be insuring that car any more) because they think he's a shyster. It is THIS that he's struggling with.
1. The OP IS going to get paid out the value of his car. This isn't an issue. The TPs insurer are on the hook for that regardless.
2. The OP's own insurer has, as a result of looking at the OP's car, decided thar he's got undeclared modifications and have cancelled his cover going forward (despite the car being a write off and they won't be insuring that car any more) because they think he's a shyster. It is THIS that he's struggling with.
See case study number 5 for your issue with your insurer
https://www.financial-ombudsman.org.uk/data-insigh...
The issue with the 3rd party insurer is more complex, they aren't arguing that their customer broke their terms and conditions as previously mentioned that would have nothing to do with you. They are arguing that the type of usage was never covered under the policy so they simply have no liability.
See case study 4 from the previous link for why that may not go the way the insurer wants it to.
If both your insurance and the 3rd party insurance refuse the claim after all things have been considered then you would still be covered under the MIB section 75 uninsured driver agreement, details about how to make such a claim are here https://www.mib.org.uk/making-a-claim/claiming-aga...
Your best bet is to deal with your insurer make a complaint based on the explanation on the case study 5 above, and escalate to the ombudsman if necessary.
If you have a copy of the advert and it doesn't mention it has been modified that will help you, if not contact the dealer that sold it to you and the place you saw it advertised, they might be able be able to help you.
Also purchase receipt may help.
https://www.financial-ombudsman.org.uk/data-insigh...
The issue with the 3rd party insurer is more complex, they aren't arguing that their customer broke their terms and conditions as previously mentioned that would have nothing to do with you. They are arguing that the type of usage was never covered under the policy so they simply have no liability.
See case study 4 from the previous link for why that may not go the way the insurer wants it to.
If both your insurance and the 3rd party insurance refuse the claim after all things have been considered then you would still be covered under the MIB section 75 uninsured driver agreement, details about how to make such a claim are here https://www.mib.org.uk/making-a-claim/claiming-aga...
Your best bet is to deal with your insurer make a complaint based on the explanation on the case study 5 above, and escalate to the ombudsman if necessary.
If you have a copy of the advert and it doesn't mention it has been modified that will help you, if not contact the dealer that sold it to you and the place you saw it advertised, they might be able be able to help you.
Also purchase receipt may help.
Geffg said:
How are people meant to know what’s been a mod or not on their car? Unless every car came with a spec sheet from new what are you supposed to do.
Some mods are blatantly obvious others not.
Yep, I am pretty good on cars, but if you showed me a Ranger and it had reasonably factory-looking bodywork bits on it, I'd have zero clue it wasn't standard.Some mods are blatantly obvious others not.
This doesn't sound like the blatantly obvious stuff that would stick out a country mile.
A neighbour's Ranger is parked on the street outside right now, and I couldn't begin to tell you if it is or isn't how Ford built it. E.g. it has a roller cover over the load bed, did it come with that? Is it aftermarket? Is it a dealer option? Was there a factory one, but this is a different one?
How would I know if I bought if off him used?
People intentionally trying to lie to their insurers about this stuff is one thing, but for a huge number of people they have no way of knowing.
I'd like see our resident insurance expert defend this bunch of shysters beyond 'get a solictor who specialises in vehicle insurance'.
As if the OP hasn't been through enough with a head on crash, the insurance industry has decided this isn't enough and has thrown him under the bus too.
As if the OP hasn't been through enough with a head on crash, the insurance industry has decided this isn't enough and has thrown him under the bus too.
FMOB said:
I'd like see our resident insurance expert defend this bunch of shysters beyond 'get a solictor who specialises in vehicle insurance'.
As if the OP hasn't been through enough with a head on crash, the insurance industry has decided this isn't enough and has thrown him under the bus too.
I suppose this is how some companies appear at the top of comparison sites.As if the OP hasn't been through enough with a head on crash, the insurance industry has decided this isn't enough and has thrown him under the bus too.
They refuse as much as possible and make you have to come after them.
e-honda said:
If both your insurance and the 3rd party insurance refuse the claim after all things have been considered then you would still be covered under the MIB section 75 uninsured driver agreement, details about how to make such a claim are here https://www.mib.org.uk/making-a-claim/claiming-aga...
In practice they're insurer of last resort - they lean on insurers (any insurer they can associate with the claim) to pay, that's why you get these situations where you can sell your car, don't cancel the insurance, the uninsured buyer crashes it and your insurer gets forced to cover 3rd party claims.Wonder if it'd worth starting a claim with them so they can kick the insurers' arses?
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