Just had a claim against me settled..

Liam McPoyle

OSI wrote: »

My brother got knocked off his bike last year and fractured his arm. Fracture wasn't even bad enough to require a cast and he didn't miss work as he's a student. He agreed with the driver to just pay for the repair of his bike, but she went incognito and ignored it, so the Gards got involved and it went to her insurer. Insurance instantly offered 25k. His solicitor urged him to push for more. F*****g ridiculous.

If a car driver hits a pedestrian or cyclist (motorised or push) then 99 times out of 100 the car / van will be judged to be in the wrong so a quick settlement vs what your brother could potentially earn makes most sense. Claims like that are more or less indefensible.

Strange that a solicitor would suggest he go for even more, seemingly they arent ticks, they have the injured parties best interests at heart. Who else would defend the proletariat against the insurance cartel other than someone that had justice on their mind. The fact that a higher settlement figure = a higher slice for them doesn't factor at all.

Nosireebob.

trixiebust

Rod Munch wrote:

Strange that a solicitor would suggest he go for even more, seemingly they arent ticks, they have the injured parties best interests at heart. Who else would defend the proletariat against the insurance cartel other than someone that had justice on their mind. The fact that a higher settlement figure = a higher slice for them doesn't factor at all.

Strange one that Costs were also awarded against me, so this girl basically got a free claim against me.

Medical expenses, legal fees all reimbursed. And 45 k for a soft tissue injury & stress.
Everyone seems to have made a nice few Euro.

trixiebust

Just for the laugh I tried entering my details with claim amount settled etc. My current insurers ( 123 ), won't even quote a price. " We are unable to offer you a quote at this time ".

Think I'm in for some shock, next renewal.

Liam McPoyle

trixiebust wrote: »

Just for the laugh I tried entering my details with claim amount settled etc. My current insurers ( 123 ), won't even quote a price. " We are unable to offer you a quote at this time ".

Think I'm in for some shock, next renewal.

You will be able to move to another insurer if the claim is fully settled and you do not need to declare it to a new insurer as its more than 5 years since the incident.

trixiebust

Rod Munch wrote:

You will be able to move to another insurer if the claim is fully settled and you do not need to declare it to a new insurer as its more than 5 years since the incident.

Didn't know this. I can know tell an insurance company, I'm claim free?

It's from the date of accident, not settlement ? My insurance has not risen since it happened. Thought it hadn't, due to the claim not being settled.

Liam McPoyle

trixiebust wrote: »

Didn't know this. I can know tell an insurance company, I'm claim free?

It's from the date of accident, not settlement ? My insurance has not risen since it happened. Thought it hadn't, due to the claim not being settled.

Correct, it's the date of incident not the date of settlement so when asked "have you had any accidents or claims in the last 5 years" you can answer no (provided of course that you had no other incidents)

NUTLEY BOY

ravima wrote: »

I have recevived a small payout for my stolen and crashed car. But 7 people who quite clearly were in a staged crash so they can all claim are claiming from my insurance.

But I have to keep paying my premium, until case closes. Basically if this stays open the insurance company will make back their tiny payout to me by summer time.

I was told I CANNOT stop paying premium, as then it will be recorded as walking away from contract.

Seems wierd no? I am losing on all fronts basically. I was the victim of the crime after all.

A few thoughts ;

1. I cannot see any basis for the proposition that you must continue paying a premium until the case closes. This sounds like insurance company twaddle made up by some idiot who does not know what they are talking about.

I would view this as an issue of contract. If you paid your contractual consideration in the form of a premium they must provide their contractual consideration in the form of indemnity under the terms of the policy.

2. Insurance contracts are annual.

There is no obligation on either party to continue the contract beyond the next renewal date. The policy wording should provide the specific terms of cancellation rights including cancellation if a claim has occurred within the present period of insurance.

3. As far as the Spurious 7 go their claims should not constitute a claim against your policy or your insurance record / insurance history.

Your vehicle was stolen. (I assume this to have been an unauthorised taking as per S.112, RTA 1961 = theft to you and me). In these circumstances no legal liability should attach to you for the negligence of the driver of your vehicle.

However, my understanding of these situations has always been that if there was a current certificate of insurance in existence on the vehicle at the time of the accident the insurers who issued that certificate deal with the case as the insurers concerned under some agreement with the MIBI. This would not be a claim for indemnity against your policy or your insurance history. However, if this has changed somebody might jump in and put me right.

Pablo_

NUTLEY BOY wrote: »

2. Insurance contracts are annual.

There is no obligation on either party to continue the contract beyond the next renewal date. The policy wording should provide the specific terms of cancellation rights including cancellation if a claim has occurred within the present period of insurance.

Thanks for your detailed reply.

It seems the insurance company is telling these chancers to 'sling their hook' which is a good update but I still seem to be paying my premium.

So referring to your quote above, yes i am inside the year of the contract i.e. renewal is April. But if my car is written off, and now gone, surely my contract is finished. Like if I sell a car, I ring my insurance and tell them cancel my insurance, no more about it. Are you saying I owe the years payments even if i have no car?

ED E

Rod Munch wrote: »

Strange that a solicitor would suggest he go for even more, seemingly they arent ticks, they have the injured parties best interests at heart. Who else would defend the proletariat against the insurance cartel other than someone that had justice on their mind. The fact that a higher settlement figure = a higher slice for them doesn't factor at all.

1. File PIAB(IB) documents on behalf of client
2. Wait
3. PIAB determine 50K (the insurers offers are always a big lowball to entice the claimant with instant cash)
4. Take cut for 20 mins work

You dont need a solicitor for the process, thats the point of it, but they convince joe soap they're required.

NUTLEY BOY

Pablo_ wrote: »

Thanks for your detailed reply.

It seems the insurance company is telling these chancers to 'sling their hook' which is a good update but I still seem to be paying my premium.

So referring to your quote above, yes i am inside the year of the contract i.e. renewal is April. But if my car is written off, and now gone, surely my contract is finished. Like if I sell a car, I ring my insurance and tell them cancel my insurance, no more about it. Are you saying I owe the years payments even if i have no car?

In the case of a write-off I would argue that the contract is now defunct because the subject matter of the insurance has been destroyed. The only exception to that might be if you substituted a new car on to the same policy.

If you sell your car my thought would be that your insurable interest in the vehicle ceases after you have transferred ownership to the new owner.

Pablo_

Your totally right Nutley Boy, When I present your argument to insurance company they say because they are dealing with the claims from the 'spurious 7' as you put it so well, my policy is still open.

Is there an 'adult' I can go to? :-) An ombusdman perhaps, I have asked solicitor friends but they not so sure. I am paying a premium which is basically me paying back the insurance company any money they gave me....It just seems absurd.

I'll go back over the contract if I can find it. I'll update on what happens

Liam McPoyle

Pablo_ wrote: »

Thanks for your detailed reply.

It seems the insurance company is telling these chancers to 'sling their hook' which is a good update but I still seem to be paying my premium.

So referring to your quote above, yes i am inside the year of the contract i.e. renewal is April. But if my car is written off, and now gone, surely my contract is finished. Like if I sell a car, I ring my insurance and tell them cancel my insurance, no more about it. Are you saying I owe the years payments even if i have no car?

Your insurer is wrong in telling you that you can't cancel your policy.

Even if there is an open claim, it is still your right to cancel a policy at any time once you give it to them in writing and return the policy cert and disc.

As there is an open claim you are not entitled to any premium return but you absolutely can cancel it.

Pablo_

So a small update;

I can't really cancel as it will be recorded as lapsing on an open claim, and I literally wont get insurance again. it happened my colleague, they moved abroad on an open claim and can't get insurance now hes back.

i have to keep paying my premium on a car that was stolen 3 months ago. I was told I will also be charged a lot extra when i finally save up for a new car and insure it, i will be applying as someone who has an open claim. Also, i can only get insured with this same company.

So.....Insurance defined in this situation: i pay money to a company to insure a non existent object, after the insurable object gets stolen, to pay for little runts to make a claim against my insurance for an incident that happened when it was stolen ?

If I don't pay, I don't get this privelege again !!!!

trixiebust

So, you've to keep insuring something you don't even own anymore. And still pay for it. Couldn't make it up.

Wish I knew who was getting rich from insurance, probably everyone but me at this stage. Serious money for very little effort.

honda boi

Wait!
So some little scums rob your car and crash it and can claim of your insurance? Wtf

Pablo_

Honda boi ... they crashed into their buddies in another car, and they claim. The investigators know them even by name...Its comical. There was a primetime show on these type of 'stings' lately I think. Who's worse, the insurance companies, the lawyers involved or the little f*ckers who see the loophole in the system

mikeoneilly

ScouseMouse wrote: »

I am in the same boat. Claim in for when the wife was driving. However, I am under the impression a protected NCB is not worth a crap.

Yes, the NCB gives you a discount on the premium, but there is nothing stopping the insurance company tripling the premium !

I will be following this thread with interest.

Can anyone clarify this one way or another?

Thanks