Insurance Legal Opinion
#21
I had this problem with Admiral earlier this year and will not renew with them again. This is what I asked them:-
[COLOR=blue]I recently obtained a quote online, and also spoke to one of your customer advisors and when entering that I had a no fault claim against a third party's insurance due to them hitting me my premium goes up by nearly
[COLOR=blue]I recently obtained a quote online, and also spoke to one of your customer advisors and when entering that I had a no fault claim against a third party's insurance due to them hitting me my premium goes up by nearly
#23
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I gave them my insurance details but knocked up the following letter. I don't have the time or money to run it past a solicitor so it probably has little, if any, legal clout. Nevertheless I feel I've made my position on the matter quite clear in writing:
13th July 2006
Dear Sir
Further to the minor incident in XXXX car park of the 11th July 2006 for which a Mr XXX XXX has accepted full liability I enclose herewith my insurance details as proof that I have the required legal insurance cover for my vehicle.
Section 143(1) of the Road Traffic Act 1998 states that:
(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act
You advise me that in accordance with the procedures of the Council and to process an insurance claim on the Council
13th July 2006
Dear Sir
Further to the minor incident in XXXX car park of the 11th July 2006 for which a Mr XXX XXX has accepted full liability I enclose herewith my insurance details as proof that I have the required legal insurance cover for my vehicle.
Section 143(1) of the Road Traffic Act 1998 states that:
(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act
You advise me that in accordance with the procedures of the Council and to process an insurance claim on the Council
#24
Originally Posted by Dan Hale,Jul 13 2006, 11:06 AM
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.
In this instance SB's insurance company aren't having to pay out as it is not his fault.
It may not be fair, but the reality of the matter is that if you are involved in an accident, even if you are competely blameless (which can never be the case because if you weren't there, you wouldn't have been involved), you will be financially penalised in some way or other.
Even if the councils insurers do not tell your insurers that you've had a non fault claim, you will still be obliged to tell you insurers, or risk your cover being null and void in the even of a claim that you make.
It's shit, but that's reality. If you shop around, you'll get someone to beat your renewal quote that won't load it because of a non fault claim. If i were you, i'd be focusing on getting my car repaired to the best possible standard in the shortest amount of time, seeing as its so important to you.
#25
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Even if the councils insurers do not tell your insurers that you've had a non fault claim, you will still be obliged to tell you insurers, or risk your cover being null and void in the even of a claim that you make.
#26
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There is no difference. An accident of any sort will need to be declared. We don't all do it, I have had three dings and haven't reported each one either. The insurance company would have a legitimate claim to make my policy null and void but even they know that for an incident like that they would have no legal standing to do so. The requirement for informing your insurance company and your obligations will be set out in the T&Cs of your policy.
#27
I think the line is drawn at the point where the insurer specifically asks you if you have had any fault or non fault claims in the last 5 years. If they don't ask, then yes, you are not obliged to tell them.
clip from swiftcover insurance quote detail request:
clip from swiftcover insurance quote detail request:
#28
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I appreciate that Lower and my insurer's website says something similar. What I'm driving at though is if I spill a can of juice over my seats its an accident and it will have cause some damage. I need to know how that legally differs from a big crash as I'd be fairly confident my insurance company would think I'm nuts if I told them I've spilt juice on the interior but it cleaned up ok with some water.
If insurance companies are requiring you to declare an accident they must have or use a definition of what constitutes and accident. Where is that definition?
If insurance companies are requiring you to declare an accident they must have or use a definition of what constitutes and accident. Where is that definition?