Newbie

[wittymose]

Hi am new too this forum and before I post would like to say hello.

Am looking for some legal advice on my son car, which was written off last night by another drive whist the car was parked with no one in it.
His insurance company have received his full year premium till mid August 2021, and now the car is written off as a non fault are saying they do not have too return his unused premium. Any advice or being pointed in the right direction would be much appreciated

Thanks

[ostell]

Who is paying for the damage? If it's his insurance company then a claim has been made so no return

[des8]

If he has made a claim against his policy the insurers are correct.
If he has not yet lodged a claim, but has notified his insurers of circumstances which might give rise to a claim, they are again entitled to retain the premium until the matter is finalised.
If at the end of the day no claim is made against his policy he should be able to cancel and obtain a return of premium according to the policy terms.

PS I have heard of policies that do not allow a return of premium after a "write off" even if no claim is made.
However have never actually come across such a policy myself.

[wittymose]

His car was parked and my son was in the house, and another driver drove into his car, so the other driver was responsible and has claimed liability for the accident, he has informed his insurance company and sent video footage from cctv. His insurance company have put him in a hire car and have made a offer of £1350 for the car. The claim will be made by his insurer against the other insurance company where the driver has admitted liability.

His insurance runs from august 2020 to 2021 and his insurance company had said they would not return any money.

thanks

[wittymose]

Hi am new too this forum and before I post would like to say hello.

Am looking for some legal advice on my son car, which was written off last night by another drive whist the car was parked with no one in it.
His insurance company have received his full year premium till mid August 2021, and now the car is written off as a non fault are saying they do not have too return his unused premium. Any advice or being pointed in the right direction would be much appreciated

Thanks

The other insurance company, there has been no loss adjuster sent from either insurer, as his company say the value of the car and the damage it has sustained makes it a total loss

[des8]

As the third party admitted liability your son would have been better advised not to make a claim against his own insurer.
He should have lodged a claim against the third party, who in turn would have claimed against his own insurer,
His claim would have been for the totality of his losses, including cost of hiring a vehicle until his own had been replaced.

As it is he claimed under his own policy, and immediately the claim has been accepted there is no entitlement to a premium refund.
It does not matter that his insurers will recover their monies from the other insurance company

I assume his policy included an excess which his insurers will not be paying.
He will need to claim that back from the third party.

And if that hire car is a credit hire car be careful.
If he signed for the car, the costs are in his name!
As his car has been written off (what classification?) he is entitled to hire a like for like vehicle, and the insurers sort out the costs at the end of the day.
However if his insurers have supplied a higher spec vehicle and the third party insurers dispute the cost, your son could find himself facing the bill.
Be careful and be aware of possible pitfalls