Unfair Insurance Outcome...

[Dave_H]

A good mate of mine recently bought a new bike. All was going well until about a month ago when some tw@t in a car knocked him off causing damage to the bike and to him - he ended up off work for about 3 weeks, the bike currently isn't roadworthy.

At the accident there where Police witnesses etc and it was pretty clear cut that the car driver was at fault.

My mate's just received a phone call from his solicitors to tell him that the tw@t who knocked him off his bike is not insured. What does this mean?????

It means that he can claim from the motor insurance bureau for uninsured losses. But they do not cover the first £300. They do not cover the repairs to the bike, which means his insurance company will foot the bill, so he looses his no claims bonus

It goes without saying that this is wrong, it's extremely unfair and a bitter pill for my mate to swallow for an accident that wasn't his fault.

Anyone had anything similar or any advice of what options he has (if any)

Any help would be gratefully received.

Cheers,

Dave.


>>> Edited by Dave_H on Saturday 9th February 21:29

[Jason F]

Some insurance companies have an Uninsured loss recovery system where they go after the scrote for you..

[McNab]

Dave,

That really is unfair. I'm no lawyer, but I think your friend would win a claim against the driver, and I'm surprised the solicitor didn't suggest this.

If the driver was (a) at fault in the eyes of the Police, and (b) uninsured (a serious breach of the law), he would certainly lose the case in court.

There are three things here: (1) Did your friend refuse to bring charges against the driver - assuming the Police asked him if he wanted to do that? If so he can still do it, but I think without full Police backing.

(2) Did his solicitor feel that there was no point in pursuing the case because the driver could never pay up?

(3) I don't think your friend's insurance company can remove an NCB in the circumstances you describe. A strong complaint should be made on the grounds that the driver was at fault and uninsured.

May I suggest a visit to the Citizens' Advice Bureau ? With luck your friend would find them very helpful, and they would advise on the insurance company's behaviour. Out of all my suggestions, I think this would prove the most useful.

I have gone into this in some detail because a very similar thing happened to one of my sons, and he won through eventually.

[Mon Ami Mate]

I'm afraid I have a precedence that won't make your friend feel too hopeful.

I was knocked off a bike in Cookham in 1995 by a hit and run driver. This guy came out of a side turn without slowing down and turned right straight into my back wheel. I was pitched off the bike and ended up underneath a car that was going the other way. As you can imagine, I was very much the worst for wear (and very lucky to survive, the bike was completely destroyed and it also destroyed the Citroen ZX that I ended up wedged underneath.

The only witness was the ZX driver, who was aware of a black car, but didn't get the number.

I went through the MIB and, to cut a long story short, they ended up washing their hands of the matter because of a "lack of evidence" and, following my refusal to just let it lie, eventually accused me of making the whole thing up and being wholly at fault.

All damages finally came from my insurance - I discovered I had no right to appeal at all. You can imagine the effect this had on my premiums...

[JonRB]

Unfortunately, a NCB is a No Claims Bonus, not a No Fault Bonus. Its unfair, for sure, but a claim is being made against the policy since there is no thrd party insurance to claim against. So since a claim is being made, the No Claims Bonus will be affected.

Its the same if you have to make a claim for theft - its not your fault that the car was stolen, but you're making a claim to recover the loss, so your NCB suffers.

Welcome to insurance.

[smeagol]

JonRB you're absolutely right as I had to make a claim when they broke into my garage and attempted to steal it. (lucky had protected NCB but still is 1 count off). Back to the original, have the Police caught the offender? If so it may be possible that the insurance company may be able to sue for the damages. Whether or not they would give you back your NCB if they were sucessful I don't know. I doubt it 'cos insurance companies are like that, but its worth a try.

[Neil Menzies]

Your mate should be claiming against the other driver. If he's insured, then his insurance company should pick up his liability. If he's not insured, then he is personally liable, and should be taken to court on that basis. At the very least, he has assets to sell (like a car) to pay the claim... don't know if your mate's insurance company would be happy to pursue this though, its easier and cheaper for them to pay out - and scrap the NCB.

>> Edited by Neil Menzies on Monday 11th February 09:18

[Dave_H]

quote:
its easier and cheaper for them to pay out - and scrap the NCB.

I think this is what the insurers want to do.

Thanks for the replies so far guys.
Loosing the NCB shouldnt happen, if this guy is driving about uninsured and has caused an accident then he should be personally liable, insured or not insured.

This does make you wonder what value for money we are getting from our insurance companies if they arnt prepared to act on behalf of their clients.

[M@H]

the Insurance Company would normally take your NCB off you anyway and then potentially re-enstate it if there was a succesful prosecution (which could take years)

My wife had to fight for six months to get her NCB back after someone rear-ended her car when she was stationary AND admitted liability on the spot. Her broker just removed the NCB as a matter of course until the claim was settled (and then dragged the process out a bit more).. maybe its Brokers not the Insurance Companies??