My GF Annie was stationary on the westbound M4 Jct12 slip road waiting for the lights to change one evening last January, an Audi pulled up behind her in the queue (and was also stationary) when a laden scaffolding truck run into the back of the Audi - which caused enough serious damage to its rear for it to be written off I understand, plus the driver was pregnant but fortunately unharmed - which in turn came to rest against the back of Annie’s Civic. A Saab had also run into the back of the truck. The driver of the Audi says she saw the truck moving towards her in the mirror a few seconds before it hit her.
The truck driver isn’t admitting liability, and reckons that he was stationary and the Saab ran into the back of him and forced him into the Audi – quite how the Saab could have enough energy to push a fully laden scaffolding truck (7.5 ton) with enough force to do the damage I don’t know!
To cut a long story short Annie’s car was repaired via her insurance (only minor damage to the bumper and brackets) and she had to pay the insurance excess - which would be refunded once the claim against the other drivers was settled – but the claim is still ongoing as the truck driver is blaming the Saab driver. In the meantime Annie's insurance was renewed with the same insurance company.
We had a call on Friday from the insurance company saying that as the claim was nearly a year old Annie has to go back to having only three years no claims (from nine) and that the additional payments of the revised premium would be back dated to June when the insurance was renewed. Also when asked they could not immediately confirm if the no claims would be reinstated and the extra paid would be refunded when the claim is completely settled.
Can they do this? Surely until the total accident issue is settled the no claims would stand? And as Annie was stationary (with witnesses to prove) and was the last in line she was totally innocent, a victim and should not have to pay for someone else’s mistake?