Insurance refuse to pay 3rd party losses

[Mecho]

The initial message was deleted from this topic on 20 May 2021 at 22:39

[Dave Hedgehog]

i am confused did you have insurance or not?

[Mecho]

I had but I’ve been told that my insurance was void at this time but they haven’t cancelled it at all and kept paying them until the last day of my insurance expiring.

[normalbloke]

Reading between the lines. You had insurance to drive the vehicle, but you were not insured to commute. You had an accident and weren’t insured for that commute, even though you were not at fault.

[Matoakwell]

I think first port of call should be your broker, see what they say.

[Countdown]

Mecho said:

I had but I’ve been told that my insurance was void at this time but they haven’t cancelled it at all and kept paying them until the last day of my insurance expiring.

Who's told you your insurance was "void"?

AIUI if there was an insurance policy on the car then it pays out (and they come after YOU for any uninsured losses). if there wasn't an insurance policy on the car then the MIB pays 3rd party losses.

Tigthewonderkid knows a fair amount about this sort of thing

[Mecho]

normalbloke said:

Reading between the lines. You had insurance to drive the vehicle, but you were not insured to commute. You had an accident and weren’t insured for that commute, even though you were not at fault.

Yes i was fully insured comprehensive but not for commuting to work or work to home, so when I reported the accident my English wasn’t so good at the time , either now, I told them i was going to work, but basically i am traveling to my friend and from there we walk or go with his car to the workplace.
So while speaking with the insurance I have been told that they will cover the 3rd party but not my car as i was commuting.
I have checked on google what does non fault means and it come up totally opposite so the other party is at fault then? I am so confused and my anxiety through the roof!

[anonymous-user]

The bottom line appears to be that you were not insured for that journey and so anything arising from the incident is not covered.

Whether your own insurer thinks you were "at fault" or not is irrelevant.

What matters is that the other party is saying you were at fault and they are looking for compensation. Assuming there is no hope of persuading your insurer that you were actually insured you have two possible ways forward,

• Pay up, or
• Defend your position in court when they issue legal proceedings.

In my opinion it sounds as though you need to get a motoring solicitor NOW at your own expense with the objective of,

• Convincing the other party you have no liability (weren't at fault), or
• Convincing the other party it's 50:50 fault and should be settled 50:50, or
• Negotiating a lower cash settlement with the other party, or
• Getting ready to go to court.

You could try to do nothing, see if they ever issue legal proceedings and try to defend yourself in court but I suspect that would be a high risk strategy. If you lose you'd have to pay their claim PLUS their legal costs in court.

[anonymous-user]

Mecho said:

So while speaking with the insurance I have been told that they will cover the 3rd party but not my car as i was commuting.

They definitely won't pay out for your own damage if you weren't insured.

I thought you said the third party was claiming £4,000 and your insurers wouldn't pay it? Or are your insurers going to pay out to the third party and then chase you for the money? But that wouldn't fit with them saying you're not at fault. This doesn't fit together.

[Thats What She Said]

Mecho said:

I told them i was going to work, but basically i am traveling to my friend and from there we walk or go with his car to the workplace.

mmhhhmmmm... riiiiight

[Fish]

So your journey to work was via a friend I think that therefore means not insured...

[Monkeylegend]

Don't think it matters what the OP says he was doing now, he has already said he was commuting and they will now see anything else as a fraudulent statement.

[Pica-Pica]

Thats What She Said said:

Mecho said:

I told them i was going to work, but basically i am traveling to my friend and from there we walk or go with his car to the workplace.

mmhhhmmmm... riiiiight

Indeed. No different to driving to the station then getting the train.

[anonymous-user]

Mecho said:

we will not be indemnifying you for any claim that may arise from your involvement in the motor accident.
It is our intention to ask **** to pursue you for recovery of any payments we are obliged to pay by law in connection with this accident
I trust that this has been clearly explained.

Looks like you've got a problem there - see my first post above. You might get chased by the third party direct and if your insurer is forced to pay out they could come after you as well.

If you have "no assets" the third party etc can chase you until the cows come home and you won't be paying out. On the other hand there can be orders made for regular monthly payments and even what's called an "attachment of earnings order" whereby your employer is required to deduct some of the claim each month before he pays you.

As soon as you receive any formal claim I strongly recommend you get a solicitor. You may not be able to make the claim go away but you definitely want to reduce it as much as possible.

[Trif]

Fish said:

So your journey to work was via a friend I think that therefore means not insured...

This. In other news, I don't commute to work, I drive for pleasure to a car park and walk the last 100m to my work desk.

[Sebring440]

For context:

Mecho said:

Hi all,
Today I received an letter from the accident i had last year.
End of my insurance i recieved an fail from the broker stating that at this accident i am at not fault. But the letter from 3rd party wants to claim from me almost £4000 because my insurance was void on the accident/commuting/.
Well it’s says i am not at faul i am confused please if someone can explain to me if i have any legs to stand on because i can’t pay that amount of money. Sorry for my English hope you understand what i mean.

[FazerBoy]

All my drives are for sheer pleasure.

If by happenstance I note that I have serendipitously ended up close to my place of work in the course of my meandering, I often pop in and put in a shift. I mean it would be rude not to.

[nomis36]

Sounds like the OP is in for a world of financial pain and stress. I hope it works out for him/you.
I always wonder about this sd&p+commuting when renewing my insurance every year. I always add it but do wonder how they’d prove I was commuting if I said I wasn’t.
Out of interest, does it make much of a difference to the cost of a policy?

[SirTK]

Go to the Citizens Advice Bureau - they may help you get cheaper/freeish legal advice.

[Monkeylegend]

It is threads like this where you should always ask on behalf of a friend, saves you having to delete your opening post and avoid the possibility of incriminating yourself further