Insurance advice

**JuzzyD** · 17th December 2006, 22:24

Background:

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?

**Gsi3.2** · 17th December 2006, 22:30

I'd ask these questions of the insurance ombudsman.. details for them can be provided by your insurance company....

As far as i am aware, the only issue you have is between Annie and the lady inthe audi..it's up to the audi's owner to persue the wagon driver and so on, back up the queue...I'd ask the insurance co for clarification.. Do you have legal protection cover?? may be worthwhile instructing them for uninsured losses..,

**JuzzyD** · 18th December 2006, 16:16

Thanks, we had thought of the ombudsman and I think we'll contact them. Not sure on the legal cover - she does have it but I think its them dealing with the claim anyway?!

I

**Brocks** · 18th December 2006, 16:27

The ombudsman was good for me a few years ago when one company refused to send proof of no claims to the other. After about 3 months the new company threatened to put me down as zero no claims. I spoke to the ombudsman (and I think Lloyds of London IIRC) and within 2 hours all was done!

**Andyuk911** · 18th December 2006, 17:04

This is simple.

Your claim is closed ... other parties are irrelevant..

Pulling a fast one here

**SCOTTEX** · 18th December 2006, 17:26

Originally Posted by Andyuk911

This is simple.

Your claim is closed ... other parties are irrelevant..

Pulling a fast one here

Exactly, get onto the Insurance ombudsman immeadiately, they will sort it out.

**dave45040** · 18th December 2006, 20:33

Until the time that the accident has been PROVED to be not your fault, your Insurers are within their right to keep the claim 'Open' - unless they have a 'knock for knock' agreement with the other Insurers (which, contrary to most peoples belief, is not used for claims when blame cannot be proven) then they will not usually be bothered about recivering any costs they have outlayed until you have received your excess and other damages back via your Uninsured Loss Recovery Service.
Their reasoning? Why should they do all the admin and chasing the other Insurance company when someone else is doing also doing it - they know that when you have got your £100/£200 or whatever excess back, they can just write and ask for all their money.
As they probably still have your case 'Open' or 'Pending' they are also entitled to reduce your NCD (No Claims Discount). Seems harsh I know, but this is how they work (granted all Insurers do work slightly different to others).
WHEN the claim is fully settled, they WILL reinstate your NCD and refund the difference - they are obliged to. If, at renewal date, you have transferred your policy to someone else then, upon sight of the documentry evidence, your new Insurers will change your policy accordingly and refund whatever difference.

**Andyuk911** · 18th December 2006, 21:15

re dave45040

I have not know the above with any insurance company I have been with.

The other company admit fault, THAT is the person that caused the damage.

**solorider** · 18th December 2006, 21:54

re dave45040
you are correct,the insurance co can and will reduce your ncb till the claim is fully settled,that includes any injury claims as well so she may have to wait a few years till she gets her ncb back,how do i know this? well it happned to me and as i had a injury claim it took 2 years to get my ncb back which in the mean time i had earned my 5 years ncb so i didnt gain,luckily on my motorcycle insurance my premium only went up by £8
why didnt your gf have her insurance ncb protected? that would have saved her a lot of hassle

**dave45040** · 18th December 2006, 22:44

Solorider,
Glad to hear you eventually got your claim settled. Even if you had got back to maximum NCD by the time the claim was settled, you are entitled to a refund of any extra premiums you had paid in the interim period so, if you have not had it, ask them for it (although to be fair they usually do this automatically)
Unless your annual premium was VERY low to start with, there COULD be other reasons why your premium only went up by £8 per annum (by low I mean you were only paying somewhere between £40 - £80 per annum).
If this was not the case, and you want more info, either PM me or post some more details about your policies (i.e. prices / how much NCD was lost / who you were insured with at the time etc.) and I will look at for you.