Car Insurance Claim

[fistandantilus]

Hi,

I need some advice please on a claim for damage to my car in a minor accident. It happened three years ago and caused cosmetic damage to my front wing and door and broke the mechanism to my electric mirror (very expensive!) The driver tried to offer my money on the scene but I knew the repair would cost much more. I had his mobile number and he even asked to take my car away and have it repaired himself!

I called the AA who directed me to speak to the insurer and they tried to make contact with the driver but received no response. They advised they I arrange to have the repair done but I told them that I wanted to ensure that this was put though as a non-fault claim and hence could not affect my claim history or no claims bonus.

They then refused to further pursue the driver claiming that they would not do this as I had not yet suffered any loss - in that I had not had to pay for a repair!

I did not chase any further at the time and did not have any repairs done but a friend of mine has said that I should not accept this - I suffered a loss as with the damage my car is clearly worth less.

So, how should I re-approach the insurer and should I complain to the AA who sold/brokered me the policy? What are the AAs obligations?

Thanks in advance.

[des8]

Re: Car Insurance Claim

Well you put your foot in it with your insurers.
If your vehicle is damaged (fault or non fault) and you make a claim you subrogate all your rights to your insurer.
If they choose not to pursue the responsible party, that is their commercial decision.
You made a claim (fault or non fault) and it can affect your No claim Bonus.
There is no right to a NCB, it is just a practice employed by insurers in calculating premiums
Once you insisted you did not want your claims record affected by this claim, the insurers would understand this as you cancelling your claim.

You could try approaching your insurers again with this claim, but I doubt you will be happily received as you are now rather out of time.

It is nothing to do with the AA.

Your best course of action is to trace the responsible person
You did get his name and address, as well as his car registration number, or were you happy with his mobile number?
When you find him you can initiate court proceedings if necessary.

[fistandantilus]

Re: Car Insurance Claim

It is my understanding that policies have legal assistance with "recovery" from third parties in such circumstances - at least I have always paid an extra premium for that and I have used it once before many years ago. That is what I asked them to use but they refused saying there was "no loss". My friend says that they should have persued the driver.

I had his mobile number (which I check was valid at the scene by ringing it), his reg no, and photos of his car, etc, plus I had a car full of witnesses.

"It is nothing to do with the AA." - so an insurance broker has no legal obligations beyond the initial sale? Despite the fact that my transaction was with them and "AA" is written all over the paperwork?

[des8]

Re: Car Insurance Claim

I'm pretty certain you will find your Legal assistance section (possibly underwritten by a different insurer) pays for legal expenses in either defending a claim, or legal expenses in recovering UNINSURED losses (eg excess,personal injury and other consequential losses)
I don't know what cover you had, but if you choose not to use your primary cover they will not chase a third party to recover losses otherwise insured

An insurance broker (now called an intermediary) nowadays are only intent on obtaining commission and fees.
Client care no longer extends to broking clients claims.
Don't get me started on it..... as an ex broker.....!
but no, the broker has no legal obligation to see you through the claims process.

IMO your best bet is trace the other driver and present him with the bill, and tell him to advise his insurers.
When you hear nothing back you issue a Letter before Action, following which court if that elicits no response.

[Snoopy1948]

Re: Car Insurance Claim

I agree with all that has been said here but it does illustrate the value of taking correct action at the time and scene of the accident. I have always understood ( where there is no personal injury or allegations made that may require police presence i.e. under the influence ) that the legal minimum is to exchange full names and addresses.

From that, the party in question here should have presented the other party with an initial quotation for repair in writing and it is his responsibility to either pay it directly to the claimant or inform his insurance company of the event enclosing the initial quotation/estimate of repair. In any event, both parties are required to inform their respective insurers of the event. But that's in an ideal world.

Seems to me that the age of the 'no blame' incident is rapidly declining. Even most traffic police I have spoken to tell me that its easier to judge most minor incidents as knock for knock as it makes their pocket books lighter1


But in this particular case, the asker seems to have gone about this the wrong way from the start and in any event, three years is a long time to rake it all up again.

[fistandantilus]

Re: Car Insurance Claim

To be clear, I did NOT tell the insurance company to not invetigate. I told them that I was not willing to sufffer any loss in paying for the repair and ending up with a claim that I can not recover - that is very different. They refused to investigate as in their words I would suffer no loss until I paid for the work! In hindsight, as recently pointed out by a friend, that is nonsense as the damage itself is a loss (loss in value of the car). Hence I have realised they were clear;y wrong.


To be honest I did not trust him (tried to offer me £50 on the scene), and as I could not verify the address I stuck with the mobile number (which I checked at the scene) and many photographs including the reg plate and driver.


However, I did get a formal quote at the time and when he heard that it was £100s he stopped answering my calls. The last thing he did was to offer to have my car collected and taken to Manchester to his OWN bodyshop (I don't have to say why I declined this!)


That's when I contacted the insurance company. They also made little progress but clearly they could do more (car registration links to the registered keeper and address).


Quite simply, if for some reason I end up with a claim against me that can't be recovered then I am better off not having the repair - or at least paying for it myself - due to the excess and cumulative affect on insurance premiums. Hence, why I wanted them to ensure recovery is likely first.


I don't really see why 3 years should be a problem - it's not a new claim as it was raised within days of the accident. At the time I trusted the insurer but now I know better.

[des8]

Re: Car Insurance Claim

I think you are misunderstanding your insurance policies.
Firstly it was not suggested that you told your insurers not to investigate, but you told them not to pay a claim if it was going to affect your record.
You then expected them to chase the third party.... not their job nor part of the contract.
If you have comprehensive insurance the insurers will pay the costs to repair the damage, less the amount of the excess.
They are under no obligation to recover those costs from the third party insurers, and certainly will not attempt to recover your excess.

You say " I was not willing to sufffer any loss in paying for the repair and ending up with a claim that I can not recover"
Your insurers would have paid for the repair so I do not understand what you mean by "a claim that I cannot recover". It is not for you to recover. As explained you subrogate your rights to your insurers.

In your first post you refer to a non fault claim. In fact there is no such thing. There is a claim for a non fault accident, but that is still a claim and can affect your NCB (as can an accident for which you are responsible but make no claim affect your premium regardless)


As explained earlier your legal Expenses cover will only pay your legal expenses in recovering your uninsured losses. It does not "pursue "the third party. You seem to have comprehensive insurance so legal expenses would in this case only assist in paying legal expenses in recovering your uninsured excess. However as you did not make a claim (or rather withdrew it) there was no payment which would be in excess of any amount.

To be fair I do think you were probably badly advised by the claims personnel you spoke to. Probably a claims management company oick who has never even read an insurance policy, let alone qualified ACII

[fistandantilus]

Re: Car Insurance Claim

All I know for certain is that I have successfully done this in the past when my car was hit when parked and also when someone run into the back of me at traffic lights. When I did that it neither affected my NCB nor increased my quotes costs in future years - as the accidents were 100% not my fault and 100% costs were recovered from the third parties.

Looking at it another way, when a third party is fully to blame and if the insurer cam recover all costs from them then my NCB, risks (cost), etc will not be affected - so all I was asking was for them to establish that and for the third party insurer to agree to pay BEFORE the work is carried out. I probably would not choose to continue with the claim if they could not achieve that as it would cost me less by getting the work done myself (when you add up the loss in NCB and compounded future insurance costs due to a claim).

And just to repeat, I did not withdraw the claim, the insurance company refused to progress it saying that I had suffered no losses.

I am going to get back in touch with them and complain - take it from there. I want to sell my car in a few months time and it is clearly worth less with scrapes to the paintwork and a broken electric mirror.

[wales01man]

Re: Car Insurance Claim

Des knows insurance but you should contact the insurance company or pursue the other driver which may mean County Court as they seem to not want to pay.

[des8]

Re: Car Insurance Claim

The fact that in the past your insurers have acted the way you requested, does not mean that they have to.

I understand where you are coming from,and I wish you well.
With luck & determination you will get them to be reasonable