Please help me get my head straight - insurance matter

M1ghtyDUck · Scooby Slapper Joined: 24 Jul 2007 Karma :

Hi,

I'd really appreciate if someone could help me out here.

In short, a woman pulled out on me while I was filtering and hit me. Bike got written off category C, which I repaired off my own back and returned to the road.

Now then, claiming for the write off came around and, after about 3 months, the accident management company (carbrooke) affiliated with my insurance company (NIG) told me that the insurance company of the woman who had hit me (elephant) was offering me 50/50, so I'd get half the value of my bike + helmet. The problem with this is that should she claim I would lose my no claims bonus.

I then got a letter from my insurance saying a claim has been reported on my insurance, I guess from her - cheeky bitch, and asking me to call. I rang them up and they just wanted a bit of info like contact number, what happened to the bike, and then said "okay, its closed now, that was all we needed." And basically they're not involved now unless they get contacted again, I assume about the womans claim for damage.

I was like well hang on, what about my claim? They said I had to go through the other insurance company - elephant - for that.

So, does this mean I'm stuck with the 50/50 elephant offered even though i don't want to accept any liability (she pulled out on me! I had right of way, witness statement said the same thing). And if I do accept the 50/50, I guess that automatically means I accept some liability, so if the woman pursues her claim I'll lose my no claims bonus and have a higher premium?

Can anyone give me any tips on what to do? How do I push for a completely non fault claim?

Thanks so much for your help

Stevep · Scooby Slapper Joined: 22 Aug 2007 Karma :

You need to write to her insurance that at no time was the accident your fault and that there client was solely and 100 per cent to blame and that you have a witness to do this. I take it you are third party and did not have legal help on your insurance as if you had you would of automatically got a solicitor at no cost to you provided.
The £10 legal bit on insurance can be a bit of a rip off in most peoples eyes but it pays dividends when a solicitor writes on your behalf

Good luck with it all
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Harleys run Forever

M1ghtyDUck · Scooby Slapper Joined: 24 Jul 2007 Karma :

I do believe I have legal insurance. I thought that was just to protect if someone went after me? Can I use it to attack? Though I guess really it's defending me from a claim. I guess I should talk to my insurance company about the legal insurance I have?

Otherwise, what about getting some free legal advice. Anyone know a good place to get one of those free half hour consultations for this sort of disputed liability claim?

Walloper · Super Spammer Joined: 24 Feb 2005 Karma :

Her claiming will not affect your NCB unless your insurer accepts that their insured (you) was to blame (or partially).
If you accept 50-50 you will receive Hee-Haw and lose your NCB.
Because.... Whether or not you were/are at fault you still made a CLAIM.
And as you accept 50% of fault/blame you will get 50% of cost. Which means you are both to blame. The insurance companies win not the insured.

It is the risk you take every time you filter. Even if it went to court a jury would have to decide if who had 'right of way'. And this can normally come out as 50-50.
You need to ask your insurer what will happen to your 'Un-insured loss'. (Your Excess). If they did not have to pay out for the other party's claim then your Un-insured loss is safe.
In that case your NCB will remain untouched.

Lesson: Filter only when it is safe to do so.
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W-ireless A-rtificial L-ifeform L-imited to O-bservation P-eacekeeping and E-fficient R-epair

M1ghtyDUck · Scooby Slapper Joined: 24 Jul 2007 Karma :

Thanks for your reply.

I think I need to give you a little more information. I am insured on third party only, so I was trying to make a claim on her third party insurance, not on mine.

As a result, the only way I can lose my no claims bonus is if she claims on my third party insurance. Am I right?

But essentially you're saying that in general, by filtering I'm going to get hit with a 50:50? Even if witness statement, right of way etc say its not my fault? Is there then no point trying to get legal advice to chase it? Meaning I have the choice between letting it hang, or accepting the 50:50.

T.C · World Chat Champion Joined: 05 Nov 2003 Karma :

Stevep · Scooby Slapper Joined: 22 Aug 2007 Karma :

If you have the legal insurance tell your insurance company that the other party is trying to go 50/50 on you and you need to invoke the legal policy as it was not your fault as per witness statement Never except any blame at any time and keep hold of any addresses you have been given as witnesses as you may need them

Posted this just after the one above and I bow to his more expert assessment
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Harleys run Forever