UK & Ireland S2000 Community Discussions related to the S2000, its ownership and enthusiasm for it in the UK and Ireland. Including FAQs, and technical questions.

Insurance Legal Opinion

Thread Tools
 
Old 07-12-2006, 03:02 PM
  #11  
Registered User
 
euan's Avatar
 
Join Date: Oct 2002
Location: Lothians
Posts: 10,138
Likes: 0
Received 0 Likes on 0 Posts
Default

It would piss me off if I was going away on holiday - more probably 'cos the bumper is a bit knocked out and I'd worry about it getting worse miles from anywhere though.

Mind you, we had to spend ages photoshopping GrahamB's duff bumper on the pics from the last WBT

You won't know the real effect on your premium until you renew - if it's not too far away, then hopefully you can find an insurer who doesn't ramp up the premium because of this.
Old 07-12-2006, 03:15 PM
  #12  

 
Shiskine's Avatar
 
Join Date: Jul 2004
Location: Glasgow, Scotland
Posts: 18,456
Likes: 0
Received 5 Likes on 4 Posts
Default

I can see the insurance companies' view, though. If someone lives in or works in a dodgy area, or parks in a very tight car park, the likelihood of something happening to the car increases.

Take SB's car park. The place might be exclusively used my muppets (I'm sure he said he worked for the Council ... ) who are constantly bumping into other people's cars. SB might never be to blame, but if you were his insurer, I think you'd be interested about the risk to which he's exposing his car ...
Old 07-12-2006, 03:19 PM
  #13  
Registered User
 
User 11317's Avatar
 
Join Date: Jan 2004
Posts: 5,191
Likes: 0
Received 0 Likes on 0 Posts
Default

Sh!t, Sh!t, Sh!t.

Don't you let my PM piss you off, that's not the intension. Deal with it when you can.

Taking LL
Old 07-12-2006, 03:31 PM
  #14  
Registered User

 
rahula's Avatar
 
Join Date: Aug 2002
Location: Surrey
Posts: 7,438
Likes: 0
Received 0 Likes on 0 Posts
Default

I can highlight one problem that LL has not touched upon and missed. A contract for insurance if one of utmost good faith and IF your new insurance company ask you if you have had any claims or accidents within the last x year, regardless of fault, you will have to declare it.

In fact it is also your duty to inform the current insurers of the incident even if you make no claim from them.

That is the law.

Getting back to reality I will have to say that you will have little choice. The council will not process the claim without your details. They probably only need to know for their records to make sure you were insured at the time and not be able to wriggle out of a claim but you will have to tell them. The Road Traffic Act makes it clear that the parties involved will have to exchange details irrespective of fault. No way around it I'm afraid.

Sorry that I couldn't bring you better news.
Old 07-12-2006, 03:41 PM
  #15  
Registered User
 
User 11317's Avatar
 
Join Date: Jan 2004
Posts: 5,191
Likes: 0
Received 0 Likes on 0 Posts
Default

What if you had decided to leave your vehicle there as your insurance had just run out as you hadn't got all your quotes back in? Insured on arrival (legal), unable to leave as you had no insurance.

No particulars to exchange. On renewal you can ask if a NF claim will effect your costs. If it does move to the next one.

Private enclosure/car park, does the Road Traffic Act affect such a case?

I was approached by a Traffic Warden the other day, as he was snooping around the rear of the offices I was at, (my tax disc hasn't been on the windscreen since I had it replaced) he's taking my details down.
'What you doing?'
'Is this your car?'
'Non of your business, what are you doing?'
'I'm going to have to give this car a ticket, no tax disk'
'This is private property and you're trespassing, feck off.'
'He did.'

Was I right, maybe not to tell him to feck off, but about the private property and him having no jurisdiction on it?
I
Old 07-12-2006, 04:15 PM
  #16  
Registered User

 
rahula's Avatar
 
Join Date: Aug 2002
Location: Surrey
Posts: 7,438
Likes: 0
Received 0 Likes on 0 Posts
Default

Yes, a car on private property doesn't permit a parking ticket let alone a ticket for no road tax.

The insurance issue is a different one. Do the public have access to the site? If they do then you will need insurance.

I am not certain about the law, can check, what happens if there is an accident on private property between two cars but I think the Act is implied if not explicit.
Old 07-13-2006, 12:19 AM
  #17  
Registered User

 
SiDHEaD's Avatar
 
Join Date: Aug 2004
Location: Hampshire, UK
Posts: 2,162
Received 0 Likes on 0 Posts
Default

How about this:

Get it repaired and small claims them to get it back.
Old 07-13-2006, 01:33 AM
  #18  

 
lower's Avatar
 
Join Date: Mar 2004
Location: Market Harborough, Leics.
Posts: 10,653
Received 16 Likes on 14 Posts
Default

Insurance is a bitch. If your company is putting the price up because of a non fault claim, find another company.

But even though the claim is not your fault, you do get penalised. Its the same as if your car is stolen. That's not your fault either, but again you do lose some of your no claims and there is no way of redressing that.

I would give my details over, get the car fixed, put it down to experience and shop around at insurance time.
Old 07-13-2006, 01:37 AM
  #19  

 
skiddy1903's Avatar
 
Join Date: May 2005
Location: Aberdeen
Posts: 115
Received 14 Likes on 12 Posts
Default

i was in a very similar position a few years ago. a council rubbish lorry rear ended me at a junction. there was no question who was at fault, plenty of witnesses and the driver admitted liability.

the council's insurers (zurich IIRC) refused to process the claim without my insurance details. i had already done a bit of research (online quotes) to find out if a non fault claim would affect my premium..luckly with the insurer i was with it didn't but with a few others it had a fairly significant effect.

in the end i glady informed my insurers as the council changed their story and denyed liability. my leagal cover had to kick in to dispute it with them. in the end it took me ages to get my car repaired. i was a student at the time and couldn't afford the
Old 07-13-2006, 02:06 AM
  #20  
Registered User

 
Dan Hale's Avatar
 
Join Date: Mar 2005
Location: On the back wheel. . .
Posts: 20,306
Received 0 Likes on 0 Posts
Default

Originally Posted by lower,Jul 13 2006, 10:33 AM
But even though the claim is not your fault, you do get penalised. Its the same as if your car is stolen. That's not your fault either, but again you do lose some of your no claims and there is no way of redressing that.
Difference is that with the theft, whilst it may not be your fault you are still making a claim.


In this instance SB's insurance company aren't having to pay out as it is not his fault.


Quick Reply: Insurance Legal Opinion



All times are GMT -8. The time now is 05:27 AM.