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Potential problem with insurance company

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  • Potential problem with insurance company

    Hello,

    I’m new on here so I don’t yet know the ropes, but I’m hoping someone can help as my husband and I are at the end of our tether. I apologise for the long post.

    A few weeks ago, I was driving to see friends some distance away from where we live, and while going down a quiet road just outside a village, I was going cautiously, no more than 20 miles an hour, when suddenly the car went out of control and veered left onto the verge. I desperately tried to control the car but steering was extremely difficult; we suspect a tyre blow out but that remains to be proved.

    Unfortunately, the car veered right going off the verge again and there was a man walking his dog; I tried desperately to avoid him by steering to the right, but clipped him. He hit the windscreen, smashing it, and rolled off. Apparently, he sustained a broken femur; there was also a minor head injury.

    The police who came to the scene were very supportive, realising how distraught I was. They impounded the car and the friends who I was going to visit came and picked me up.

    The car was released and taken to a repair facility nominated by our insurance company. It was subsequently written off (categoryD); our insurance company has agreed a figure with us and we are getting the car back; the money from the payout is supposed to be in our bank by Wednesday.

    However, there is a potential fly in the ointment. We were contacted late on Friday by someone from the insurance company, asking my husband (whose policy it is; I am a named driver) all kinds of questions about us and the car. She asked my husband about the after-market alloys; he told her that he had had them fitted after one of the original wheels was found to be buckled. He pointed out that he had told the insurance company about this at the time; she seemed surprised to hear that. She then told my husband that she would have to talk to the underwriters about it. Unfortunately, we can’t prove that my husband told them about the alloys, and we are afraid they will use the uncertainty to weasel out of any payout.

    It’s not so much the car we are worried about; what really concerns us is this: if the chap I hit makes a claim against us (which he has not yet done), what happens if the insurance company decline to pay out? We are sick with worry that we will lose our home (which we own outright) and everything we have worked so hard for all our lives. We are both in our 60s and not in good health; we are both on medication for depression and anxiety. I fear that if the worst came to pass my husband would commit suicide.

    I am also concerned that apart from an email the day after the accident confirming the details, I have heard nothing at all from the police. Is this usual in such a case? The breathalyser was clear, I wasn’t distracted by anything – it just seems to have been a freak accident.

    Can anyone advise?
    Last edited by Kati; 25th June 2017, 10:43:AM.
    Tags: None

  • #2
    Re: Potential problem with insurance company

    to LB [MENTION=103361]blackcat7[/MENTION] ... I'll tag [MENTION=39710]des8[/MENTION] who hopefully can help xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Re: Potential problem with insurance company

      Hi and welcome.
      A worrying time for you, but it's not all bad.

      Firstly if the injured gentleman makes a claim (or sues and wins if the claim is not met) the insurance company will pay.
      They are unable to avoid thaT.

      However if they declare the policy void because of the after market wheels they could pursue you for the amount awarded, but that doesn't mean they will be successful.

      You will be able to defend on the basis the insurers were advised and agreed to the change. They might deny it, but it is your word against theirs.
      Further, you replaced the wheels because one was buckled.
      Presumably this was noted at service or MOT time, so there will be confirmation.
      As an insured has to keep his motor in a roadworthy condition, you needed to replace the wheels.
      Why did you decide on these alloys, and not standard steel wheels? were they recommended by a garage or fitter? where did you buy them? Did the fitter make any comment about them.

      Could you post up the name of the insurers and type of policy you have please so we can check the wording?

      Comment


      • #4
        Re: Potential problem with insurance company

        Hi,

        Many thanks for the reply - it has reassured us a little bit!

        Unfortunately the buckled wheel was not noted at MOT, because the wheels had already been replaced by then, and my husband does his own servicing (we are talking about a 10 year old car).

        He decided on these alloys because they were available at a reasonable price, they were attractive, in good condition, and they suited the car. They were obtained from and fitted by a (then) employee of Vauxhall; unfortunately (this was about 4 years ago) he has since moved on and we have lost contact with him.

        The insurance company in question is Acromas (via Saga); the policy is comprehensive with no claims protection, legal protection and accident healthcare.

        Just one more question: the policy is due for renewal on 6 July 2017; if we cancel the current insurance and change to another insurance company on or before the renewal date, would Saga (Acromas) still have to pay out if the injured party makes a claim in the future?

        Many thanks

        Comment


        • #5
          Re: Potential problem with insurance company

          Your insurers at the time of the accident will be liable, even if you cancel your insurance.

          You are talking about cancelling your insurance.
          Some policies automatically cancel when a vehicle is declared uneconomic to repair.
          Check your policy is still in existence.

          If it is and you cancel it prior to renewal date you might have to pay a cancellation fee to Saga.
          Let it lapse at renewal and it will be free.

          Haven't read the T&Cs yet... the answer may be there

          Comment

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