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A blameworthy due to being hit by an uninsured driver.

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ws4936
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PostPosted: 10:15 - 30 Apr 2012    Post subject: A blameworthy due to being hit by an uninsured driver. Reply with quote

It's been a few years since I got hit by a car, and I never knew the outcome from it. So I decided to call up the insurance co. to find out the outcome. When the incident happened, I basically got knocked off my bike along a main road, as a car pulled out from a parked up kerb position and went into me. Clearly his fault as I was already using the road.
Immediately the bike was written off, cash paid out, but I had to start with zero no claims, and was told when it's resolved, I'll have my no claims back and a refund on my premiums. My premiums doubled as a result of the claim.

Fast forward to today, and the underwriters say, that I had a blameworthy, I mean, wtf?
It was because they,"Couldn't make a recovery against the other insurance company".
I asked how is that possible, he hit me, her reply was, "The other party turns out had convictions he had not disclosed to his insurers, so they decided to cancel his insurance".

Ok so this now becomes a case of being hit by an uninsured driver, I can see why I got the blameworthy from my insurers in that case, they forked out a lot of money, and need it back somehow, but where does that leave me?
Where do I go from here, and more importantly, how can I reduce my insurance back down to <£100 for fully comp and regain my no claims?
November will mark the second year no claims from fresh, but I should be on like 5 by then.

Thanks in advance.
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Pie-Roe
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PostPosted: 10:17 - 30 Apr 2012    Post subject: Reply with quote

I think you've left it a little late. I currently have a claim going through and I'm on the phone every monday morning asking what they are going to be doing this week or that week.

In regards to him having no insurance, the third parties insurance should have paid up and then claimed from him. I doubt you'll be able to get any money now after two years though.
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pendulum
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PostPosted: 10:20 - 30 Apr 2012    Post subject: Reply with quote

If he had insurance they still gotta pay out to third parties (you) then they can reclaim it off him if they want; something does not sound right with what you've been told.

Why leave it so long to chase up though?


Last edited by pendulum on 10:20 - 30 Apr 2012; edited 1 time in total
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P.addy
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PostPosted: 10:20 - 30 Apr 2012    Post subject: Reply with quote

I was hit by a drunk, uninsured driver who was drugged to his eyeballs and in a stolen car when he was disqualified.

Ouch.

Insurers have a legal obligation to cover 3rd party regardless I believe? They should have covered you and seeked to claim damages from the driver.

Had it been cancelled before he hit you then I think you need to go to the Motor Insurance Bureau (MIB) and run it through them.

Mine took over 2 years, nearly 3 to settle. Be preapred to wait.
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Sako
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PostPosted: 10:25 - 30 Apr 2012    Post subject: Reply with quote

pendulum wrote:
If he had insurance they still gotta pay out to third parties (you) then they can reclaim it off him if they want; something does not sound right with what you've been told.

Why leave it so long to chase up though?


pretty sure this is the case too.
they are meant to cover 3rd party then seek him for repayment.
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Kwaks
I'm not a fast rider



Joined: 28 Jan 2006
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PostPosted: 12:02 - 30 Apr 2012    Post subject: Reply with quote

As said his insurance company are still obligated to pay out to the third party, at the end of the day they could have checked for conviction when he took the policy but took his word for it (to save their costs). Its up to your insurance company to reclaim their costs from them and unless they do it within 28 days with you being refunded your out of pocket expenses you will be taking to the ombudsman.


TBH sounds to me they have received the money from the other insurer as this is standard procedure. Kick up as big a fuss as you can and name and shame.

They have taken advantage of you.
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Rogerborg
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PostPosted: 12:04 - 30 Apr 2012    Post subject: Reply with quote

Your own insurers paid out on a fully comp policy, then failed to recoup it from the at-fault party?

As them what the hucking fell that has to do with A) you, and B) whether he was indemnified or not. If they want their money back, and he wasn't insured, they can go ahead, pursue him personally and get his benefits garnished.

... or do whatever arry and T.C. say. Wink
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Hetzer
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PostPosted: 13:08 - 30 Apr 2012    Post subject: Reply with quote

You've been fraudulently mugged off by yet another criminal insurance company. Rolling Eyes
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G
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PostPosted: 13:15 - 30 Apr 2012    Post subject: Re: A blameworthy due to being hit by an uninsured driver. Reply with quote

First thing I'd check out is that it wasn't the same insurance company for both.
Had seen a case similar on here in the past and the insurance company that dealt with both just said "Oh, their insurance is invalid, so you can't claim." Of course, they still were insured regardless, but the person with the claim didn't know better.
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ws4936
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PostPosted: 20:10 - 30 Apr 2012    Post subject: Reply with quote

Interesting posts, will look into it.
His was Admiral, mine Bennetts.
Got his name, number, policy number, reference numbers...so I guess it's the waiting game.
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GrumpyGuts
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PostPosted: 20:47 - 30 Apr 2012    Post subject: Reply with quote

This is exactly why I've had to disclose a conviction to my insurance company. It's not even a motoring conviction (criminal) and I have to disclose it to prevent shit like this happening Thumbs Down
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Rogerborg
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PostPosted: 21:56 - 30 Apr 2012    Post subject: Reply with quote

ws4936 wrote:
Interesting posts, will look into it.
His was Admiral, mine Bennetts.
Got his name, number, policy number, reference numbers...so I guess it's the waiting game.


What are you waiting for? You're hog tied over a barrel and lubed up, they're not in any hurry to pull out.

It's time to kick off, not get philosophical. You'll be fobbed off and told "This is just the way it's done", but that's their opinion. The FOS or a proper grown up court may not agree.
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