Insurance Claim

kco3d

Hi,

I have a query hopefully someone can help with. I'll describe the scenario,

I was involved in an accident with a company van. The vehicle is insured by the owners however the driver was not insured to drive the van.

The driver admitted full liability to the guard at the scene. It was only a few days after the incident we discovered he was not insured.

My insurance company state that in this situation I must claim on my policy and they will then reclaim from MIBI. My NCB will not be affected.

It states on the MIBI website

MIBI compensates victims who have been involved in an accident caused by uninsured or unidentified vehicles.

My query is, the fact that MIBI state "uninsured vehicle" and not "uninsured driver" does this make any difference.

The owner of the van had an insurance policy on the vehicle but the driver was not insured.

Can I therefore make a claim against the owners policy instead of claiming against my own?

corktina

It comes to the same thing. You put in a claim with your insurance co and they sort it out with the other company. The other vehicle IS insured so the MIBI thing doesn't affect you imo. It's not your problem that the firm let an uninsured driver drive their insured vehicle.

djimi

corktina wrote: »

It comes to the same thing. You put in a claim with your insurance co and they sort it out with the other company. The other vehicle IS insured so the MIBI thing doesn't affect you imo. It's not your problem that the firm let an uninsured driver drive their insured vehicle.

I would have thought the same. Unless the other party are willing to state that the driver was using the vehicle without their consent/knowledge (which would be hanging him out to dry) then you claim from their insurer, and their insurer then pursues them to recover their loss.

CiniO

corktina wrote: »

It comes to the same thing. You put in a claim with your insurance co and they sort it out with the other company.

Can he not claim directly from other party insurer?

The other vehicle IS insured so the MIBI thing doesn't affect you imo. It's not your problem that the firm let an uninsured driver drive their insured vehicle.

So how is it going to look on the other end?
Van insurer will pay out to the OP, and then recover the cost of the claim from driver who was not insured? Or maybe from policy holder?

Layinghen

As Corktina says do as your insurance company is advising. Your NCD won't be effected (which is very important) and the insurance companies and the MIBI will sort it out between themselves.

You are the innocent party here, so you will get sorted and your insurance company will deal with MIBI and the other company.

djimi

Layinghen wrote: »

As Corktina says do as your insurance company is advising. Your NCD won't be effected (which is very important) and the insurance companies and the MIBI will sort it out between themselves.

You are the innocent party here, so you will get sorted and your insurance company will deal with MIBI and the other company.

Your NCB will not be affected, but your ability to change insurers absolutely will be as you will have an open claim while MIBI get it sorted out (not a quick process from what I have read).

djimi

CiniO wrote: »

So how is it going to look on the other end?
Van insurer will pay out to the OP, and then recover the cost of the claim from driver who was not insured? Or maybe from policy holder?

From the policy holder I would have thought. A insurance company is legally obliged to cover all third party claims, even if the policy holder is in breach of policy (as they are in this case by allowing a non-insured driver to drive the vehicle). The insurer would then pursue the policy holder for reimbursement of the money that they paid out.

Layinghen

djimi wrote: »

Your NCB will not be affected, but your ability to change insurers absolutely will be as you will have an open claim while MIBI get it sorted out (not a quick process from what I have read).

Possibly, but a letter from his existing Insurer explaining the situation regarding an outstanding MIBI claim could help. It is a very unfortunate position for anyone to end up in but the most important thing short term I would think is to get back on the road quickly.

kco3d

Thanks guys for all the quick replies. Its frustrating as I've informed my insurer that there is a policy on the other vehicle but the driver was not insured. They state the only option is to claim against my policy and they will claim back from MIBI. No mention of them settling it with the other insurer which would mean no claim against my policy.

I understand my NCB will be unaffected but I just dont like the idea of a claim against my policy for an incident where I am not at fault. Renewing with my current insurer will probably be fine but if I wish to change insurer even after the claim is settled I have this unfounded feeling it will impact my premium quote. Maybe I'm wrong!

corktina

It doesn't matter whether you claim from your insurer or theirs , it's still a claim . The claim wouldn't be settled under your policy anyway. You aren't claiming against your policy as such, you claim from your insurer and they sort it out.