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Any insurance bods here? Legal type question...

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Glen
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Joined: 15 Nov 2006
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PostPosted: 21:00 - 23 Jan 2008    Post subject: Any insurance bods here? Legal type question... Reply with quote
Howdo.

Quick insurance question. Does an insurance company have to inform the customer that someone has claimed against them?

The story goes that about 6 months ago my ex bumped into the back of another car, no damage was done, both drivers swapped details anyway and nothing more was heard. She comes to insure herself on her new Ka and the insurers have come back with an obscene quote. When she asked why it was so much higher they said it was due to the claim against her insurance.

Where does she stand on this matter? I would have thought insurance companies were obliged to imform of the claim so she could contest it. Where do we go from here?

I know there are some underwriters on here so any help would be appreciated.

Cheers, Glen
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NSR Mick
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Joined: 26 Jun 2005
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PostPosted: 21:04 - 23 Jan 2008    Post subject: Reply with quote
I had an accident and only found out that the driver of the car I hit had a succesful claim against me when it came time to renew. Twisted Evil
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Whosthedaddy
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Joined: 11 Dec 2005
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PostPosted: 21:17 - 23 Jan 2008    Post subject: Reply with quote
gsxrmick wrote:
I had an accident and only found out that the driver of the car I hit had a succesful claim against me when it came time to renew. Twisted Evil


Yep been there.

£3k for a nudged rear bumper on a megane, only cost me £600 to have a new front fitted on mine. Insurance quote up by £35 a month.
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Glen
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PostPosted: 21:25 - 23 Jan 2008    Post subject: Reply with quote
See what I don't understand is if they don't tell you about a claim and you leave and join another insurance company, they ask if you have you had any claims against... she'd say no (not knowing any differnt).

Should she then have to claim off the new policy and it's found out about the previous claim I'm pretty sure that would void her new policy.
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owdamer
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Joined: 06 Oct 2004
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PostPosted: 22:20 - 23 Jan 2008    Post subject: Reply with quote
I had a similar experience. I knocked a kid over when he ran out in front of me. I saw the kid running from a side street and braked, (not going fast as i'd just set off from some lights) couldn't stop in time and I hit him at about 10mph. He was ok, just a bit bruised and shook up. I was also shook up, and had a bent bumper, smashed headlamp and dented bonnet. Anyway, my insurance renewal come up a few months later, got a sky high quote. I asked why and was told that the family of the kid had put a claim in. that was the first i heard. I got all the bills for the repairs to my car, and instructed my solicitor to sue the kids parents. a week later they dropped their claim. I would often see the kid on my way home from work and he didn't leard from the experience as he was always running out into the road. Dunno where he is now. dead probably.
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trevoriv
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Joined: 04 Jun 2005
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PostPosted: 22:23 - 23 Jan 2008    Post subject: Reply with quote
You have to by law report any incident to your insurers regardless of whether or not you intend to claim. That is the standard insurance blurb. That's probably what they will tell you to defend themselves.

In fairness I would have expected the insurers to contact their own policyholder to get the other side of the story. Strange that they didnt but I dont think they have to.

I'll check my FSA guidelines later Laughing
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Walloper
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Joined: 24 Feb 2005
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PostPosted: 22:34 - 23 Jan 2008    Post subject: Reply with quote
trevoriv wrote:
You have to by law report any incident to your insurers regardless of whether or not you intend to claim. That is the standard insurance blurb. That's probably what they will tell you to defend themselves.

In fairness I would have expected the insurers to contact their own policyholder to get the other side of the story. Strange that they didn't but I don't think they have to.

I'll check my FSA guidelines later Laughing


Ma fuckin' Nabbers....

You are not required 'by law' to report any accident. UNLESS SOMEONE IS INJURED/FARM ANIMALS TOO.

It is the greatest loophole in creation.
You must recover your Uninsured loss from the party who caused the accident if you make a claim. Your insurer will recover this on your behalf if it is found you were blameless. (The other party accepts blame)
So if you do not report it, your insurer can not take any action.
It is against the law to act on someones behalf in court without their permission.
Which is what would be the case.

So someone somewhere is talking Poo.

(I am not an Ins bod. But I did sleep with a Senior underwriter for 15yrs before she fell out with me Embarassed .)

Everyone's Spelling corrected, Smile
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trevoriv
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PostPosted: 00:25 - 24 Jan 2008    Post subject: Reply with quote
Hmmm if it's not law then it's definately a general standard policy wording that you must report a claim.

"You should notify us whenever you are involved in an accident, whether you intend to claim under your policy or not. This is because it is a condition of your insurance that all accidents are reported to us"
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Walloper
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Joined: 24 Feb 2005
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PostPosted: 10:23 - 24 Jan 2008    Post subject: Reply with quote
trevoriv wrote:
Hmmm if it's not law then it's definately a general standard policy wording that you must report a claim.

"You should notify us whenever you are involved in an accident, whether you intend to claim under your policy or not. This is because it is a condition of your insurance that all accidents are reported to us"


There is no problem reporting an accident but it is NOWT to do with the law.

The problem invariably leads to the argument of NCB.

Because a lot of people think this indicates 'blame'.

Simple rule is, recover your 'un-insured loss'. (Your Excess) When the other person (Their Insurer) pays you (Your insurer) the cost of repair/replacement AND the excess you pay in an accident.

You then, in effect, have had No Claim.

It may be a condition of insurance but the game is that if you caused it the other person would need to chase you through the courts if he has no witness/s. Insurers may do this on your behalf if you have legal cover.
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Last edited by Walloper on 13:25 - 24 Jan 2008; edited 1 time in total
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owdamer
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Joined: 06 Oct 2004
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PostPosted: 11:20 - 24 Jan 2008    Post subject: Reply with quote
trevoriv wrote:

"You should notify us whenever you are involved in an accident, whether you intend to claim under your policy or not. This is because it is a condition of your insurance that all accidents are reported to us"


I did justthat when a bus took my wing mirror off. As the cost of the repair was only around £30 the insurance company wouldn't do anything whatsoever, other than put "possible claim pending" on my file which raised my renewal. I had to chase the bus company up myself. I had to threten them with legal action as they didn't bother to reply to my letters or return my calls. It took about 5 months before I recieved a cheque and a letter stating that the matter was fully settled and no claims would be made against me.

If it happened again I wouldn't tell the insurance sweet FA. They were no help whatsoever.
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