Alfa Romeo Forum banner

1 - 20 of 20 Posts

·
Registered
Joined
·
5,263 Posts
Discussion Starter #1
In 2006 my then car an Avensis was written off in an RTA. At the time I was in some ones front room drinking tea as I was visiting family at the time. My car was parked perfectly legally in clear view, not causing an obstruction or anything else that could be construed as blameworthy. Some young unemployed, uninsured, idiot came out of the pub down the road and drove straight into it. He then left the scene without reporting the accident. I do not know how he managed this as he had 'crowned' the windscreen with his head. He just left his car in the middle of the road facing in the opposite direction from which he had been traveling and my car on it's side, damaged beyond repair. Anyway the police caught him, took him to court and prosecuted him for dangerous and leaving the scene. He got a ban and a fine. Roll on two years and my insurance company Churchill decide to take him to court to re-coup the £5,500 the accident had cost them. He did not attend and costs were awarded. That was in December 2008. Now my insurance company have just informed me that they are not now pursuing the case as it is "uneconomical" for them to proceed as they see little chance in getting their money. Fortunately for me, apparently, as I had no excess to pay they tell me I have not lost out financially, lucky me. Next question was "is your no claims bonus protected?". "Yes" I reply. "That's good as it will not effect your no Claims". "Why?" I ask. "Well the accident is classed as your fault as we cannot get our money back and if your no claims had not been protected it would effect your premiums".
How can it be my fault? I was not driving my car. It was very much stationary until he hit it. It is not my decision not to pursue this toe rag through court. You go to all the bother of taking out full insurance to cover you from any eventuality. Be a responsible citizen and they still find a way of stabbing you in the back. Wife pass me the number for Watch Dog.
 

·
Registered
Joined
·
5,250 Posts
Had the same thing with my wifes Citroen, were laying in bed, drunken idiot crashes into & writes off 3 car plus his own. Same as above ininsured etc, plus there were 2 of them in the car and police couldn't prove who was driving, so ended up as our fault :mad:
Have to declare it when applying for insurance for next 5 years :mad::rant:.

Its a stupid system that means we victims get to suffer even more, same ***** in this country the scum get everything and never punished and us law abiding working people get shat on all the time.
 
E

·
Guest
Joined
·
0 Posts
The reason it is classed as 'your' fault is that the policyholder has made a claim against the insurance policy. If no recovery can be made against a third party, then the policy holder, as the inceptor of the claim, has the fault recorded against them. The only time a claim is classed as non fault is if a full recovery can be made. In your case, if the little sh*t had coughed up the money, you would have been fine.

I dont agree with the whole idea behind it, but unfortunately, the insurance companies are there to make money, although believe it or not, they make most of the money from all the upselling of add on's like legal cover and breakdown cover, there is very little profit (usually less than 5% on every policy) on the actual car premium.

One idea that has been cast around over the last couple of years is that there is a seperate definition of fault claims. A true fault claim, i.e you drove into the back of someone etc and a claim but policy holder was not at fault, which is what your case would be, i.e a claim instigated by the policy holder where the policy holder had no direct control over the situation. Imagine if you were away on holiday and someone crashed into your car. How could that be your fault?
The idea that your premium would be affected would still apply because you have made a claim after all, but the penalty would not be as severe so something like you might lose 1 years no claims bonus rather than 2.
Whether that idea would ever come to the real world is a matter for the suits in London to sort out.
 

·
Registered
Joined
·
12 Posts
I had the same happen to me in 02 however I got a full payout and no change to my NCB. Nothing was claimed back from the twoc (he was drugged up and nicked his stepmums keys). I was under the impression that a percentage of our premiums went into a pool to protect us from uninsured drivers. Actually did me a favour though the MOT was due 3 weeks after that and there was no way it would have passed without about £1500s worth of work, he also hit the side that had been damaged when a deer jumped out into the road on me. I got back value on a near minter.
 

·
Registered
Joined
·
5,263 Posts
Discussion Starter #6
My claim was settled and the outstanding finance on the Avensis was settled and I had about a grand left over as a deposit for my Picasso. Now I am getting a Mito I have been trawling around for quotes and I will now have to add a blameworthy claim in the last three years, to any enquiry I make, which will make me popular. If I can get a cheaper quote it will be bye, bye Churchill. Zurich do a much better one for me. So they loose my custom.
 

·
Premium Member
Joined
·
42,814 Posts
I'll be having a similar scenario next time my insurance is due for renewal after some git hit my GT in a car park and then Foxtrot Oscared ...:rolleyes:
 
N

·
Guest
Joined
·
0 Posts
This is standard form from the insurance scammers companies.

They are there to take money from people. That is all.

;)
 
K

·
Guest
Joined
·
0 Posts
Somethign similar happaned to 'er indoors when her car was hit by a coach whilst legally parked. The driver's initial approach was to say "Why didn't you move it?" but he had to give up on shirking blame as my wife and three other people were stood next to the car at the time. His coach company then said "We'll fix it" to which we said "No thanks". Having them fix it, potentially make a pig's ear of it, then have to get it sorted again was a world of pain we didn't want to get into.

From that point, the coach company stopped responding to correspondence completely and my wife's insurance renewal went off the scale pending settlement of the claim. I had concerns that the insurance company (Churchill by coincidence) would not bother chasing it because the repair bill was only about a grand. However, they didn't. They took the coach company to court (they didn't show at the hearing) and eventually sent the baliffs in to recover goods to the value of £1000 plus costs. As a result we now have a 1973 Leyland Leopard on the drive. (That last bit's a joke.)

The bottom line is that if your insurance pays out and doesn't recover its outlay your NCB takes a knock. It's a bit of a bummer but in the case of a scrote like that, the chances of recouping the money from him are about nil. If they pursued it, he would end up paying 50p a week until he was 90.
 

·
Registered
Joined
·
764 Posts
Sadly I have a similar tale of insurance woe. A few weeks ago I ran into the back of a scruffy old Nissan 4x4 with a tow bar. £2,000 damage to my car, none to speak of to his. He swung in sharply to take a left turn - no indicator - then realised he was turning into the wrong street he pulled out again, just as I had reached the "point of no return", my car now being where his shed was a nanosecond ago. I just hit the brakes and wouldn't have hit him if he hadn't braked as well - realising too late that he was pulling out into my path, then panicking and braking instead of hitting the gas.

Anyway the final decision was that he claimed he was stopping for the traffic lights ahead (400 yards away - no way) and I ran into the back of him. The insurance company believed him, I have to claim on my insurance, pay the £500 excess and lose my no-claims because some lying old fart who caused the accident in the first place gets away with bad driving and making a false statement. :mad:
 

·
Registered
Joined
·
2,488 Posts
Sadly I have a similar tale of insurance woe. A few weeks ago I ran into the back of a scruffy old Nissan 4x4 with a tow bar. £2,000 damage to my car, none to speak of to his. He swung in sharply to take a left turn - no indicator - then realised he was turning into the wrong street he pulled out again, just as I had reached the "point of no return", my car now being where his shed was a nanosecond ago. I just hit the brakes and wouldn't have hit him if he hadn't braked as well - realising too late that he was pulling out into my path, then panicking and braking instead of hitting the gas.

Anyway the final decision was that he claimed he was stopping for the traffic lights ahead (400 yards away - no way) and I ran into the back of him. The insurance company believed him, I have to claim on my insurance, pay the £500 excess and lose my no-claims because some lying old fart who caused the accident in the first place gets away with bad driving and making a false statement. :mad:
Thats a 50/50 if it went to court worst would be a 50/50, no independent witnesses. I hope you haven't conceeded liability yet?
 
V

·
Guest
Joined
·
0 Posts
familair stories all round

some jackass hit my old van while i was in the builders merchants years ago, luckily for me he only damaged the light cluster and put a small dent in the door (not bothered as it was old and tatty anyway) so new lights from the scrappy £10 not fussed. until he tried to claim that i reversed into him :mad:

nobody saw it and the insurance said it was knock for knock, i had a £100 excess so it would've never been worth me claiming even though, they tried to say id loose my no claims :mad:

insurance = [email protected]
 

·
Registered
Joined
·
1,263 Posts
Im sorry! Did I miss something????

It was classed as your fault becasue the little waster was uneconomical to pursue....

...Then whats the point of having insurance if they wont insure you against damage? or other drivers?

This stuff really makes my blood boil, Im mean it seems to be if you break the law, the worse you break it the easier you get let off and dont even get me started on he done it becasue he wasnt breast feed or wasnt cuddled enough by his mother when young .... ***** Bleep Bleeping ******** King Bleeeper, I'll show him **** Bleep Bleep Bleep Arhhhhhhhhhhh
 

·
Registered
Joined
·
26,529 Posts
:lol: You had an Avensis !!!!

Sorry, couldn't get past that bit !!! :lol:
 

·
Registered
Joined
·
5,263 Posts
Discussion Starter #20
:lol: You had an Avensis !!!!

Sorry, couldn't get past that bit !!! :lol:
Yes. It was crap and I never liked it big heavy and handled like a t*rd, but it was cheap and Mrs W liked it. I suppose the litlle f**ker did me a bit of a favour really, but then again I bought a Picasso and now I'm buying an Alfa. Will I never learn?
 
1 - 20 of 20 Posts
Top