Despair with Insurance Company

[l5foye]

Almost 1 year ago, my son (a named driver on my policy) was signalling to turn into a side road and was positioned at the white lines opposite the side road when a car traveling quickly came up from behind on the RH side. It proceeded to swerve round my son's car, hit a kerb, went through a fence and ended up in a ditch. There was no damage to my son's car but the other car was written off. I reported the incident at the time to the insurance company but had no communication from it. The renewal notice arrived last week with a massive increase in premium. When querying this, I was told that my son was being held 25% liable (based apparently on what the other driver claimed -no details of what he was claiming)
Does anyone know of any case where the car in front was held liable for what happened to a car coming from the rear ? I am convinced that the 25/75% split in liability is just a trick to increase 2 people's premium. What can I do about it?
I should mention the other party is insured with the same company as myself.

 

[def90cars]

Lesson one. Never tell your insurance company anything unless you [legally] need to.

 

[camerafodder]

As def90 says, why did you report it to your insurance company?

 

[brucemillar]

Sadly (as discussed on here many times) this is common practice with Insurance Companies. Simply by calling them you will be deemed to be "making a claim" unless you specifically state at the time that it is for "information only" and "not a claim" do this in writing.

You can and probably should advise your insurer (in writing) that you intend to challenge the "loading" on your premium through the Insurance Ombudsman Service, on the basis that it is simply incorrect.

You then need all of the facts and some photo's (taken at the time if possible) to back up your claim.

It is important that you do this as the other party may well have profited through making a fraudulent claim against you. You also need to know how this impacts on your NCB and any other Insurance Data Base.

Good luck. They can and do change these things for you but it can take time and perseverance.

 

[markjay]

If I understand correctly, then the other party made a claim (either on his own policy, or on l5foye's son's policy), and he mentioned l5foye's son as having been involved in the accident.

If so, then ultimately l5foye's son never really had the option of keeping this incident from his insurer, even if he wanted to.

So the remaining questions are if l5foye's son's insurer was right to impose 25% liability on him, and if l5foye can or could have contested this.

 

[def90cars]

If the car was never touched, they I would have not exchanged details. I caused no injury or damage to third party. Just my view. I am not a real welder.

 

[geraldrobins]

You need to tell your insurance company your side of the story and if you feel your son is completely blame free then contest it. Maybe a case for the insurance ombudsman.

 

[brucemillar]

What has (appeared) to have happened, is a failure in communication.

The OP's Insurer should have notified him in writing that the third party had submitted a claim against him. Giving him the opportunity to contest the claim.

That is his argument with his insurer and the reason (if required) to claim through the Ombudsman.

"Claim Loading" is frowned upon by the Ombudsman who will want to understand why the OP was not given the opportunity to defend his position. Or, put another way. Why his Insurer simply accepted liability without speaking to the OP?

You can be involved without actually having any contact or injury and many claims are successful without the other party having had contact.

Where a driver causes an accident but claims not to have known they had done so? But others report their involvement.

 

[markjay]

...You can be involved without actually having any contact or injury and many claims are successful without the other party having had contact....

Which is what a traffic police officer told me many many years ago when I had an accident....

 

[automaniaman]

OP, let your feet do the talking.

 

[geraldrobins]

OP, let your feet do the talking.

True but another insurance company will ask your full history, and whether any claims have been made against you.

 

[PenelopePitstop]

Leaving insurance company won't solve the problem.

 

[TKvS]

So, they've hit you up for a narrow escape, where a clown has had an accident not caused by you, I think it's time to call the Ombudsman !

 

[MancMike]

So your son witnessed some numpty crash his car, and you reported it to his/your insurance company?

It sounds like you've implicated yourself/son in something he had no part of to be honest.

 

[JimboDS]

Have you spoken to the insurance company and told them you don't accept any fault?

My wife recently was hit while she was stationary. The insurance companies said it was 50:50. That was clearly nonsense. My wife dug her heels in and eventually (after months of daily calls to chase the insurers) the other party accepted 100% of the blame.

I suspect this is the opening "offer" but if you depute it they may see sense. Doubt it'll be quick though.

Were there any witnesses?

The experience led us to getting a dashcam installed in my wife's car. When I decide whether I keeping or changing my car I will be doing the same.

EDIT: Have reread the original post. Sounds wrong that it happened a year ago and this is the first you've heard. You should definitely have had the chance to put your side of the story forward.

 

[John]

I had an prang where I was involved but the third party did not give way on a roundabout to their right.

The insurance company for the 3rd party tried to apportion a 10/90 or 20/80 blame but I stuck to my guns.

Never heard from again and 100% 3rd party fault.

 

[automaniaman]

True but another insurance company will ask your full history, and whether any claims have been made against you.

Yes but they are less likely to heavily load the premium as a new customer. Well that's been my experience anyway...

 

[l5foye]

The other driver is insured by the same company as myself. He blamed my son (not sure how). That is how I came into frame as the insured party. Interestingly the insurance company said it had the police report but on checking with the police, they said they had never been asked for a report.
The insurance company has been asked to state in what respect was my son negligent. They have also been asked to detail the circumstances in which the car in front can be held even partly responsible. If the insurance company doesn't back down, it looks like I will have to go to the Ombudsman. There is over £600 at stake plus a yr's NCB. The insurance company is wittering on about conflicting accounts .If someone is seeking to evade responsibility, there is bound to be conflicting accounts.

 

[brucemillar]

Insurance companies hold a "bond" £750 with the Ombudsman. That gets used if you take up the Ombudsman services.

With anything less than this amount at stake? It is in their interest to settle before you complain.

Sent from my iPhone using MBClub UK

 

[oldguy57]

Would never consider arguing the point in an email or telecom with the Insurers - a total waste of time. A polite but firm letter is the best approach. Detail the circumstances of the accident as seen by your son with a sketch - do a photo if you can. Request specifically details of the reason why they are apportioning part of the blame to your son. Obviously this applies only if you are 100% certain that the sequence of events as outlined by your son are correct. As far as the so called Police report is concerned I would not attach too much weight to this statement - I have caught Insurers out on blatant lies several times. Ombudsman is the way to go if you still get no joy.