Open Claim....other driver fault

goz83

Please excuse the essay, but I wanted to add context. Skip to the end marked in red if you want the summary.

I've been unlucky enough to have been rear ended, while stationary, on two separate occasions in a 3 year period.

The first one was near the end of 2011. I was stationary, a few cars back from the traffic lights and after a good 10, 15 seconds stopped, I got a decent shunt from behind, causing bumper, boot and a bit of quarter panel damage to my silver 94 fto. The other car was a newer ford fiesta. I was in hospital later that evening with neck pain and I got a course of physio, which was helpful. The injury itself lingered until the end of 2013, a few months after the injuries board settled the claim. So, the insurance wrote the car off way under the value to what I had put into the car (i only owned it a few months) and I had whiplash injury in my neck. In the mean time, I had picked up a 97 fto gpx and poured about 5k into a full restoration. The blame for the collission, under the circumstances couldn't have been more clean cut. However, after the accident, I had an open claim and was stuck with my insurer for two renewals. My renewal does be in the summer.

So, I was out driving my 97 fto for what was supposed to be the last time before I put it into storage when I was involved in yet another rear end accident. This time, it was another fto that had rear ended me. This accident was much worse. I had pulled in to allow a car pass in the opposite direction and a few seconds later, i received a right whollop. I won't get into details on the other car, but my own was clearly a write off. A rear chassis leg was sticking out through the rear bumper and was bent. The boot would not open. The quarter panel was bent, broken tail light etc etc. I was gutted, but I thought I was ok and the other driver was ok, so at the time, my heart was the only thing that was broken. An hour later, while waiting on a tow, I felt pain. The cars were towed home and I went to bed. Next day, pain was worse and to cut to the chase, I of course had another whiplash injury, which was worse than before and I also ended up getting surgery on my spine due to a herniated disc. The accident changed alot about my life, which I won't get into here. The point was that I was still with the same insurer when it happened and due to having yet another open claim, I am again stuck with them, as no other insurer will quote me.

The end bit

I have been stuck with the same insurer for four consecutive renewals, due to car accidents where it is clear that I was not to blame and where it is clear that a claim would not be made against me. Both accidents were rear endings when I was stationary.

I am also wondering what to do about my next renewal this summer. The accident will have been over the 24 months, or the statute of limitation will have passed, so there is zero risk of a claim being made and yet I will still be stuck with my current insurer, paying higher insurance for a no fault accident, where I am in no position to negotiate, or go elsewhere.

Is there anything that can be done about this? I'm pretty damn tired of being screwed over for people destroying my property and causing me injury. With insurance being mandatory, they are getting away with far too much.

mickdw

goz83 wrote: »

Please excuse the essay, but I wanted to add context. Skip to the end marked in red if you want the summary.

I've been unlucky enough to have been rear ended, while stationary, on two separate occasions in a 3 year period.

The first one was near the end of 2011. I was stationary, a few cars back from the traffic lights and after a good 10, 15 seconds stopped, I got a decent shunt from behind, causing bumper, boot and a bit of quarter panel damage to my silver 94 fto. The other car was a newer ford fiesta. I was in hospital later that evening with neck pain and I got a course of physio, which was helpful. The injury itself lingered until the end of 2013, a few months after the injuries board settled the claim. So, the insurance wrote the car off way under the value to what I had put into the car (i only owned it a few months) and I had whiplash injury in my neck. In the mean time, I had picked up a 97 fto gpx and poured about 5k into a full restoration. The blame for the collission, under the circumstances couldn't have been more clean cut. However, after the accident, I had an open claim and was stuck with my insurer for two renewals. My renewal does be in the summer.

So, I was out driving my 97 fto for what was supposed to be the last time before I put it into storage when I was involved in yet another rear end accident. This time, it was another fto that had rear ended me. This accident was much worse. I had pulled in to allow a car pass in the opposite direction and a few seconds later, i received a right whollop. I won't get into details on the other car, but my own was clearly a write off. A rear chassis leg was sticking out through the rear bumper and was bent. The boot would not open. The quarter panel was bent, broken tail light etc etc. I was gutted, but I thought I was ok and the other driver was ok, so at the time, my heart was the only thing that was broken. An hour later, while waiting on a tow, I felt pain. The cars were towed home and I went to bed. Next day, pain was worse and to cut to the chase, I of course had another whiplash injury, which was worse than before and I also ended up getting surgery on my spine due to a herniated disc. The accident changed alot about my life, which I won't get into here. The point was that I was still with the same insurer when it happened and due to having yet another open claim, I am again stuck with them, as no other insurer will quote me.

The end bit

I have been stuck with the same insurer for four consecutive renewals, due to car accidents where it is clear that I was not to blame and where it is clear that a claim would not be made against me. Both accidents were rear endings when I was stationary.

I am also wondering what to do about my next renewal this summer. The accident will have been over the 24 months, or the statute of limitation will have passed, so there is zero risk of a claim being made and yet I will still be stuck with my current insurer, paying higher insurance for a no fault accident, where I am in no position to negotiate, or go elsewhere.

Is there anything that can be done about this? I'm pretty damn tired of being screwed over for people destroying my property and causing me injury. With insurance being mandatory, they are getting away with far too much.

2 ftos crash into each other while driving the same direction. I'm sure an insurer would love to hear of your stories of how you were not racing.

ironclaw

I'm currently trying to sort a similar situation for a friend. In their case, the cases won't close for 6 months and the insurer won't issue documents before then. As clarified in another thread by Business Cat, you can move insurer (i.e. There is no Statue or legal instrument stopping it) its just a case of finding an insurer that will take you. You are best off trying a broker. As I said, my inquiries are pending but I'll report back if I find anything. I've been in touch with two brokers and it wasn't a flat out No even with open claims.

goz83

mickdw wrote: »

2 ftos crash into each other while driving the same direction. I'm sure an insurer would love to hear of your stories of how you were not racing.

Maybe you didn't read the post. It was a bit long tbf. I was STATIONARY. We certainly were not racing, i'm not an idiot and had a wife and 4 kids at the time (now have 5), so I wouldn't be that reckless.

It was an fto club meet day. There were only 3 ftos and a previous fto owner present in his non fto. The road was a very long country road, with only enough room for single file driving, certainly no use for racing.

When I was struck, I had been stationary for at least 5 seconds. The driver behind simply wasn't paying enough attention and wasn't experienced enough (IMO). The fto driver behind the guy that crashed into me was able to stop safely in plenty of time. I can't go into more detail than that i'm afraid.

goz83

ironclaw wrote: »

I'm currently trying to sort a similar situation for a friend. In their case, the cases won't close for 6 months and the insurer won't issue documents before then. As clarified in another thread by Business Cat, you can move insurer (i.e. There is no Statue or legal instrument stopping it) its just a case of finding an insurer that will take you. You are best off trying a broker. As I said, my inquiries are pending but I'll report back if I find anything. I've been in touch with two brokers and it wasn't a flat out No even with open claims.

I seen the thread, which is what spurred me to create mine, as I didn't want to hi-jack yours.

I suppose the issue I am taking is that while I am legally allowed move insurer, it seems to be blanket policy to refuse motorists with an open claim, regardless of blame. This isn't acceptable IMV.

I was wondering if I would still have an issue changing insurers after the statute of limitation kicks in. So, even though the most recent accident is clearly not my fault, after 24 months, there is no risk of a claim being made against me, even if fault was laid on my lap. A claim needs to be made within 2 years under normal circumstances.

guil

goz83 wrote: »

I seen the thread, which is what spurred me to create mine, as I didn't want to hi-jack yours.

I suppose the issue I am taking is that while I am legally allowed move insurer, it seems to be blanket policy to refuse motorists with an open claim, regardless of blame. This isn't acceptable IMV.

I was wondering if I would still have an issue changing insurers after the statute of limitation kicks in. So, even though the most recent accident is clearly not my fault, after 24 months, there is no risk of a claim being made against me, even if fault was laid on my lap. A claim needs to be made within 2 years under normal circumstances.

Where have you been told there's a limit of 2 years for a claim? I thought it was 6 or 7 for personal injury.

ironclaw

guil wrote: »

Where have you been told there's a limit of 2 years for a claim? I thought it was 6 or 7 for personal injury.

That was my understanding.

However, I'd imagine its the policy of each insurer to decide when they close the claim and remove the liability from you. I can't imagine an insurer being able to come back 6+ years later and reopen a claim, unless new evidence came to light.

To Elland Back

2yrs is the limit for adults, 2 years from reaching 18th birthday in respect of minors

scamalert

if one of your open claims is injury , they can remain open up to 6 years or so.
but sine both aren't your fault,dont see how insurer should keep you tied down to them,unless other party is fighting you over it-that said dont know your story,thus before doing anything make sure you give all details if looking for another company-since telling you have open claim/s usually is end of conversation,not to mention you have couple and granted it might not be your fault,but they are really tough now when it comes to taking anyone with history even more when still claims pending,and reasons behind it,know only one company that is currently taking people who have open claims,not sure how it works with their policies if claims arent your fault,but again you story most likely would raise flags to nature of your incidents being identical,and close in time they have happened.

ATMatm

Find out the reserve (if any) and go to a broker. Kennco are known to take on open claims when there is a suitable reserve.

ironclaw

ATMatm wrote: »

Find out the reserve (if any) and go to a broker. Kennco are known to take on open claims when there is a suitable reserve.

What is 'reserve'?

scamalert

amount either party is trying to claim-as in total payout or smth close to it,id imagine,that insurance company would have to allocate to settle claim.

To Elland Back

ironclaw wrote: »

What is 'reserve'?

A reserve is the maximum amount an insurer could expect to pay, should things go against the. A prudent insurer will set aside enough funds to meet these obligations. It is unlikely an insurer will release this figure to you, as to do so would be like showing your hand to the 3rd party, should the information get in to the public domain

goz83

The statute of limitation is 2 years. So, lets say I go driving down the road and T-Bone Mrs Jones at a cross junction, she has a maximum of 2 years to make a claim against me/my insurance.

Exceptions would be if she is under 18, she then has 2 years from the day of her 18th birthday, or if she went into a coma for a few years, this could be seen as reasonable excuse as to why a claim was not lodged in the 2 years.

Other circumstances, which aren't really applicable to motor claims would be something along the lines of asbestos poisoning, or something else that could take years to be detected.

Also, I would certainly understand any suspicion from an insurance company, but only if there were no serious injuries. Also, you'd want to be an idiot to stage two similar accidents and you'd have to be a scumbag to commit fraud, both of which I am not. If you knew me, you would know how much I loved my ftos and that I would never risk damage to them. A couple of the lads on here can attest to that.

The reserve mentioned is irrelevant, because if a claim is made against an individual, it is made against the policy that was in effect on the date of the incident. That's why I don't understand the policy of not taking on business with outstanding claims, regardless of blame and especially after the statute of limitation has kicked in, where no claim is made against the policy proposer.

kennM

goz83 wrote: »

Please excuse the essay, but I wanted to add context. Skip to the end marked in red if you want the summary.

I've been unlucky enough to have been rear ended, while stationary, on two separate occasions in a 3 year period.

The first one was near the end of 2011. I was stationary, a few cars back from the traffic lights and after a good 10, 15 seconds stopped, I got a decent shunt from behind, causing bumper, boot and a bit of quarter panel damage to my silver 94 fto. The other car was a newer ford fiesta. I was in hospital later that evening with neck pain and I got a course of physio, which was helpful. The injury itself lingered until the end of 2013, a few months after the injuries board settled the claim. So, the insurance wrote the car off way under the value to what I had put into the car (i only owned it a few months) and I had whiplash injury in my neck. In the mean time, I had picked up a 97 fto gpx and poured about 5k into a full restoration. The blame for the collission, under the circumstances couldn't have been more clean cut. However, after the accident, I had an open claim and was stuck with my insurer for two renewals. My renewal does be in the summer.

So, I was out driving my 97 fto for what was supposed to be the last time before I put it into storage when I was involved in yet another rear end accident. This time, it was another fto that had rear ended me. This accident was much worse. I had pulled in to allow a car pass in the opposite direction and a few seconds later, i received a right whollop. I won't get into details on the other car, but my own was clearly a write off. A rear chassis leg was sticking out through the rear bumper and was bent. The boot would not open. The quarter panel was bent, broken tail light etc etc. I was gutted, but I thought I was ok and the other driver was ok, so at the time, my heart was the only thing that was broken. An hour later, while waiting on a tow, I felt pain. The cars were towed home and I went to bed. Next day, pain was worse and to cut to the chase, I of course had another whiplash injury, which was worse than before and I also ended up getting surgery on my spine due to a herniated disc. The accident changed alot about my life, which I won't get into here. The point was that I was still with the same insurer when it happened and due to having yet another open claim, I am again stuck with them, as no other insurer will quote me.

The end bit

I have been stuck with the same insurer for four consecutive renewals, due to car accidents where it is clear that I was not to blame and where it is clear that a claim would not be made against me. Both accidents were rear endings when I was stationary.

I am also wondering what to do about my next renewal this summer. The accident will have been over the 24 months, or the statute of limitation will have passed, so there is zero risk of a claim being made and yet I will still be stuck with my current insurer, paying higher insurance for a no fault accident, where I am in no position to negotiate, or go elsewhere.

Is there anything that can be done about this? I'm pretty damn tired of being screwed over for people destroying my property and causing me injury. With insurance being mandatory, they are getting away with far too much.

Unfortunately the insurance companies largely write the rule book here and I fail to see logic in much of it. I had a personal injuries claim back in 2010, got taken out of it off my motorbike... won't go into too much detail, black and white driver was at fault... they made an illegal u-turn, crossing hatch lines and hit the SIDE of me!... I was under speed limit, etc. Insurance company tried to fight it all the way and rolled over two days before court date, conceded 100% liability and all costs. Trying to play games.

What was even crazier was that for my car insurance I had to declare open claims... one insurance company will NOT even quote if you have any claim in the last 5 years! regardless of blame whether it is open or closed!

I'm sure you could kick up a fuss and go through their complaints process & go to Financial Ombudsman if necessary but long road with headaches. Two rear ends in FTO's, time for a different type of car I think

Boskowski

Never mind the essay, but 'does be'??? Wtf is wrong with 'is'?

goz83

Boskowski wrote: »

Never mind the essay, but 'does be'??? Wtf is wrong with 'is'?

Well, Thank You for your fine contribution :P