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Non fault car insurance claim need some advice

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

Had a totally non fault accident almost a year ago & had a very good witness. Unfortunately as this was the third accident recorded on our policy (it's a multi vehicle one) it then removed my protected no claims bonus & it's now gone from 11 years down to 3, subsequently our premiums have nearly trebled.

I've had a settlement for my wrecked car but as the 3rd party are not communicating, the claim has not yet been settled so my excess has not been returned nor my bonus's reinstated.

It's now in the hands of solicitors & my insurance company say that if it goes my way I will get a refund for overpayment.

My question is can I not claim financial hardship for my premium increase(which I would not have had prior to the accident)? I've asked a few people some say yes others say all I will get is the increased premium refunded, hardly seems fair as we are struggling financially because of this.

Anybody know exactly where I stand? Thanks.

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By *agic tongue300Man
over a year ago

Birmingham

Only if you have borrowed the money you can claim the interest you have paid on the loan

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By (user no longer on site)
over a year ago

I doubt that you could claim to be a car owner and in real hardship....tight tho it may be...and car ownership being needed for work etc..to have a car....one has to assume costs...and the unexpected....repairs etc. Not meant rudely....just how I see it.

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By (user no longer on site)
over a year ago

Where you stand is that insurance companies write the 'rule book' to suit themselves. Also, in their eyes, there is no such thing as a 'non fault' accident. If you phone them up about any kind of accident then you are put in some form of higher risk category, regardless. This has happened to me.

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

We haven't actually had to borrow money just tighten up our purse strings & be careful with our spends, so guess we're out of luck then.

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By (user no longer on site)
over a year ago

Your no claims was protected though - was it due to the 3 claims culmination it was removed ?

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"I doubt that you could claim to be a car owner and in real hardship....tight tho it may be...and car ownership being needed for work etc..to have a car....one has to assume costs...and the unexpected....repairs etc. Not meant rudely....just how I see it."

Yes we understand about unexpected car bills etc but even a well maintained car may develop a problem. We know we can't claim for this but trebling of our premiums due to an incompetent driver surely that's different?

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Your no claims was protected though - was it due to the 3 claims culmination it was removed ?"

Yes it was & I understand that when the claim gets settled in our favour it will be reinstated but that doesn't help us now.

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By (user no longer on site)
over a year ago


"Your no claims was protected though - was it due to the 3 claims culmination it was removed ?

Yes it was & I understand that when the claim gets settled in our favour it will be reinstated but that doesn't help us now. "

Your claim for hardship would be against the other driver. If they were insured - why isn't their insurance company sorting it.

I can't remember if their is an Ombudsman for car insurance. Have a look. If there is - see if you have grounds to take your complaint to them. Same for the solicitors - with The Law Society. Keep on their backs until they sort it !

Sarah

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

Just incase anybody's confused I'm calling it a non fault accident but in the legals of the insurance company it goes down as fault until the 3rd party own up, hence the premium hike. (This initially confused us).

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By (user no longer on site)
over a year ago


"Your no claims was protected though - was it due to the 3 claims culmination it was removed ?

Yes it was & I understand that when the claim gets settled in our favour it will be reinstated but that doesn't help us now. "

My understanding is that these get dropped back to the normal situation after the claim has been setted...and isnt 3 claims in any 3 years ?

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Your no claims was protected though - was it due to the 3 claims culmination it was removed ?

Yes it was & I understand that when the claim gets settled in our favour it will be reinstated but that doesn't help us now.

Your claim for hardship would be against the other driver. If they were insured - why isn't their insurance company sorting it.

I can't remember if their is an Ombudsman for car insurance. Have a look. If there is - see if you have grounds to take your complaint to them. Same for the solicitors - with The Law Society. Keep on their backs until they sort it !

Sarah "

Thanks Sarah will try looking these up, it's frustrating my solicitors are saying I have no claim but have spoken to others who say I have.

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By (user no longer on site)
over a year ago


"Your no claims was protected though - was it due to the 3 claims culmination it was removed ?

Yes it was & I understand that when the claim gets settled in our favour it will be reinstated but that doesn't help us now.

Your claim for hardship would be against the other driver. If they were insured - why isn't their insurance company sorting it.

I can't remember if their is an Ombudsman for car insurance. Have a look. If there is - see if you have grounds to take your complaint to them. Same for the solicitors - with The Law Society. Keep on their backs until they sort it !

Sarah

Thanks Sarah will try looking these up, it's frustrating my solicitors are saying I have no claim but have spoken to others who say I have. "

Are they the solicitors from having legal cover on your policy ? As they generally should work on your behalf to settle the claim more quickly.

Look up the complaint policy for the insurers and follow the process - tends to get resolved quicker once it is within that remit.

Sarah

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By (user no longer on site)
over a year ago

Financial Ombudsman Service - read their site.

Sarah

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By (user no longer on site)
over a year ago


"Had a totally non fault accident almost a year ago & had a very good witness. Unfortunately as this was the third accident recorded on our policy (it's a multi vehicle one) it then removed my protected no claims bonus & it's now gone from 11 years down to 3, subsequently our premiums have nearly trebled.

I've had a settlement for my wrecked car but as the 3rd party are not communicating, the claim has not yet been settled so my excess has not been returned nor my bonus's reinstated.

It's now in the hands of solicitors & my insurance company say that if it goes my way I will get a refund for overpayment.

My question is can I not claim financial hardship for my premium increase(which I would not have had prior to the accident)? I've asked a few people some say yes others say all I will get is the increased premium refunded, hardly seems fair as we are struggling financially because of this.

Anybody know exactly where I stand? Thanks. "

Until the claim is resolved, there can be no resolution. If it is resolved in your favour, then you should be in no way worse off than before - though this would not include anything too remote, such as having to take out a loan.

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

Yes it's legal cover providing me with insurers, but everything takes an age they never return my calls etc. I'm 100% confident I will get the right outcome & everybody says it rarely goes to court the threat of action usually gets an admission. The 3rd party aren't disputing the claim just ignoring it!!

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?

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By (user no longer on site)
over a year ago


"Yes it's legal cover providing me with insurers, but everything takes an age they never return my calls etc. I'm 100% confident I will get the right outcome & everybody says it rarely goes to court the threat of action usually gets an admission. The 3rd party aren't disputing the claim just ignoring it!!"

No, it is your insurer providing you with legal representation. If you are not content with it, raise it first with your legal representative. If you are not content with the response, raise it with your insurer.

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By (user no longer on site)
over a year ago


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?"

I doubt if they will pay for that tbh...but hey ho worth a go

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By (user no longer on site)
over a year ago


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?"

You can't. That is not a legal loss. You didn't spend it as a result of the accident. In fact, you didn't spend it at all. What the fuck do you want to be compensated for? Things you didn't spend money on?

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By *otblondewife hornyMrCouple
over a year ago

Cambuslang


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?"

Sorry, what?????

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?

You can't. That is not a legal loss. You didn't spend it as a result of the accident. In fact, you didn't spend it at all. What the fuck do you want to be

compensated for? Things you didn't

spend money on?"

Ok my last post may have been a bit flippant, but that was rude. We are actually struggling to pay our bills which we weren't before the accident the fact that we don't have any spare funds for extras is tough luck I guess.

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By (user no longer on site)
over a year ago


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?

You can't. That is not a legal loss. You didn't spend it as a result of the accident. In fact, you didn't spend it at all. What the fuck do you want to be

compensated for? Things you didn't

spend money on?

Ok my last post may have been a bit flippant, but that was rude. We are actually struggling to pay our bills which we weren't before the accident the fact that we don't have any spare funds for extras is tough luck I guess. "

It may have been...but how have you suffered with decreased spending...and exactly what do you think you should be compensated for

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By *otblondewife hornyMrCouple
over a year ago

Cambuslang

Stop the bullshit claiming and maybe it'll settle quicket

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By (user no longer on site)
over a year ago


"The other problem is I'm not trying to claim for added expenses (that's separate) I'm trying to claim for decreased spends meals out cinema etc how can I do this?

You can't. That is not a legal loss. You didn't spend it as a result of the accident. In fact, you didn't spend it at all. What the fuck do you want to be

compensated for? Things you didn't

spend money on?

Ok my last post may have been a bit flippant, but that was rude. We are actually struggling to pay our bills which we weren't before the accident the fact that we don't have any spare funds for extras is tough luck I guess. "

Yes, it is, I am afraid, tough luck.

And it did not sound flippant. Did you really think that you would be entitled to claim something for not being able to go out to the cinema?

No, I was not being rude. I am sure that your solicitors have told you exactly what you are entitled to claim for. It should be no shock to you.

A delay can be frustrating. Unfortunately, it is not always in your interests to issue proceedings to force it.

Talk to your solicitors. Do not take the piss though.

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle

Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it. "

How..do you use your car for business...and if you do i hope you declared it...if not..it will invalidate your claim...and im sure if its for travel expenses then you should be able to claim..if you have kept the receipts of the the journeys and costs

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Stop the bullshit claiming and maybe it'll settle quicket"

Very helpful reply! I hope you're not put in the same position we are, maybe though you've got loads of money & it wouldn't affect you?

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it. "

How are you £100 per month worse off?

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By (user no longer on site)
over a year ago

Working in the industry

You can have 2 claims in a 5 yr period before your ncb is reduced. Only if the bonus was protected

Until such time the claim is settled it will go against you. Should your insurers recover the costs then your bonus will be reinstated

Does your policy include legal expenses cover ?

For claiming back expenses and excess ?

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?"

Because of the premium hike which wouldn't have happened had I not had an accident.

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By (user no longer on site)
over a year ago


"Working in the industry

You can have 2 claims in a 5 yr period before your ncb is reduced. Only if the bonus was protected

Until such time the claim is settled it will go against you. Should your insurers recover the costs then your bonus will be reinstated

Does your policy include legal expenses cover ?

For claiming back expenses and excess ?

"

Mines 3 claims in 3 years..starting from the first claim

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?

Because of the premium hike which wouldn't have happened had I not had an accident. "

You will get that back..once the claims been settled

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Working in the industry

You can have 2 claims in a 5 yr period before your ncb is reduced. Only if the bonus was protected

Until such time the claim is settled it will go against you. Should your insurers recover the costs then your bonus will be reinstated

Does your policy include legal expenses cover ?

For claiming back expenses and excess ?

"

Yes it does but my solicitors are claiming for my expenses (no injuries just telephone calls) but as I have been bluntly told can't claim financial hardship as it's not an expense apparently!!

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?

Because of the premium hike which wouldn't have happened had I not had an accident.

You will get that back..once the claims been settled "

I'm aware of that I will get a cheque for overpayment or they will adjust my monthly premiums accordingly if my ncb gets reinstated. That does not help us over the past year we've been struggling, plus it may take another 6 months to a year to settle. It's so bloody slow.

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?

Because of the premium hike which wouldn't have happened had I not had an accident.

You will get that back..once the claims been settled

I'm aware of that I will get a cheque for overpayment or they will adjust my monthly premiums accordingly if my ncb gets reinstated. That does not help us over the past year we've been struggling, plus it may take another 6 months to a year to settle. It's so bloody slow. "

Well i think you answered your own question then...and tbh...i really dont know why its taking so long...you have already stated that the 3rd parties insurance have admitted liability...maybe its your side thats draging there heels over it

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?

Because of the premium hike which wouldn't have happened had I not had an accident.

You will get that back..once the claims been settled

I'm aware of that I will get a cheque for overpayment or they will adjust my monthly premiums accordingly if my ncb gets reinstated. That does not help us over the past year we've been struggling, plus it may take another 6 months to a year to settle. It's so bloody slow.

Well i think you answered your own question then...and tbh...i really dont know why its taking so long...you have already stated that the 3rd parties insurance have admitted liability...maybe its your side thats draging there heels over it "

Nowhere have I said they're admitting it if they were it wouldn't be in the hands of the solicitors!!

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By (user no longer on site)
over a year ago


"

The 3rd party aren't disputing the claim just ignoring it!!"

Really ???

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"

The 3rd party aren't disputing the claim just ignoring it!!

Really ??? "

Yes really!! Their insurance company have either ignored communication, refused to do anything over the phone or just made pathetic excuses all of this they are perfectly entitled to do. It's now getting more serious & they will have time constraints to adhere to.

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it. "

Yeah it's just tough luck. If you own a car/house/etc then you have to be prepared for this stuff to happen.

Try a paper round?

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

How are you £100 per month worse off?

Because of the premium hike which wouldn't have happened had I not had an accident.

You will get that back..once the claims been settled

I'm aware of that I will get a cheque for overpayment or they will adjust my monthly premiums accordingly if my ncb gets reinstated. That does not help us over the past year we've been struggling, plus it may take another 6 months to a year to settle. It's so bloody slow.

Well i think you answered your own question then...and tbh...i really dont know why its taking so long...you have already stated that the 3rd parties insurance have admitted liability...maybe its your side thats draging there heels over it "

Indeed. So, the OP is likely to recover his loss. What the fuck more does he want to recover? Compensation for missing out on a film?

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By (user no longer on site)
over a year ago


"

The 3rd party aren't disputing the claim just ignoring it!!

Really ???

Yes really!! Their insurance company have either ignored communication, refused to do anything over the phone or just made pathetic excuses all of this they are perfectly entitled to do. It's now getting more serious & they will have time constraints to adhere to. "

Well i suggest your insurance company are also dragging there heels...how long has this been going on for

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By *errygTV/TS
over a year ago

denton

we all have to have car insurance so the companies can do what they like, seems odd that if say someone runs into the back of you, it can affect your insurance, also if one night you walk home making a noise and you get done for breach of the peace nowt to do with driving any conviction non motoring has to be declared, the reason i think small print get out clause if you have a big claim , we are not paying out you didnt tell us, very crafty these companies

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

Yeah it's just tough luck. If you own a car/house/etc then you have to be prepared for this stuff to happen.

Try a paper round?"

What the heck has a paper round got anything to do with this? Are you suggesting I ditch the car in favour of a bike, or have a career change & survive off a paper round. I'm trying my best to improve our circumstances btw!!

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By *artytwoCouple
over a year ago

Wolverhampton

You would do a lot better to not ask people on here for advice. The old adage about arseholes and opinions applies.

You feel bad enough anyway, step away.

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By *ex-a-frolics OP   Couple
over a year ago

Brizzle


"You would do a lot better to not ask people on here for advice. The old adage about arseholes and opinions applies.

You feel bad enough anyway, step away.

"

The same surely could be said for every poster!!

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By (user no longer on site)
over a year ago

What car was it? Would be pretty ironic if is was a seven series or something like that

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By (user no longer on site)
over a year ago

[Removed by poster at 08/04/16 08:40:30]

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By (user no longer on site)
over a year ago


"Am I being stupid here? We are almost £100 worse off a month through no fault of our own hardly seems fair does it. But what most people hear are saying is it's tough & there's nothing that can be done about it.

Yeah it's just tough luck. If you own a car/house/etc then you have to be prepared for this stuff to happen.

Try a paper round?

What the heck has a paper round got anything to do with this? Are you suggesting I ditch the car in favour of a bike, or have a career change & survive off a paper round. I'm trying my best to improve our circumstances btw!!"

I'm suggesting that when times get hard you have to take extra measures.

When I wrote off my car in an accident (it was my fault, I drove into a telegraph pole) I had to take on a second part time job to be able to afford the raise in insurance premiums and the purchase of a second car.

It was shit. But it's how you manage to get by.

You don't improve your circumstances by hoping for handouts. You improve your circumstances by being proactive and doing something about it.

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By *enard ArgenteMan
over a year ago

London and France

It's "no claims" not "no blames".

So until the other party's insurance settles in full, (bearing in mind that insurance companies play " tit for tat" with each other to settle claims anyway) you have claimed, and it ticks off your no claims; then it just depends if you have protected no claims, and how many claims you have made.

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