Open claim and personal injury

smile27

I am looking for some advice here in relation to my friend's problem. Last year he hit a teenager who ran into the road, just in front of his car. He had no chance to avoid it. Gards were called in and issued a report stating that the minor was at fault. The insurance company agreed that it wasn't my friend's fault, case closed. A month after the incident, the injured party has open a claim against my friend's policy for personal injury. His policy renewal was much higher as a result of it and he was told once the case is closed and claim denied he will be refunded all the overpaid money. It has now been over a year and next renewal time has come. The quote was sky high and he asked the insurance company how long this is going to take and why does he have to pay extra premium for something that wasn't his fault. Now, he heard that matters are going to court because the insurance co doesn't want to pay out. He was also told that there is no way he will be refunded any overpayments made on his 2 renewals and that they have no idea who advised him this. He asked for details about the claim but was refused to get any. Is there anything he can do to stop being overcharged on his policy? Is this a norm for insurance companies to charge the not-guilty party to compensate an open claim? Would it be worth going to a solicitor? Any advice here will be much appreciated.

boege

You hit a minor. I have not checked for a while but long back my Dad had a similar accident to yours and the outcome was that you are always responsible if you hit a minor.

Insurers have a'conduct of claims clause' in most policies, maybe read yours and see. Such a clause provides that the insurer can take control of any claims matters and you are pretty much sidelined.

Most insurers will load a policy holder while a claim is in play. No refund if there was no claim is worth checking.

If its going to court makes it will make it expensive.

TBH, a chat with a solicitor might be a useful to ensure you are not missing a trick.

smile27

Thanks boege. It is not me who did it, I don't drive. I will ask my friend to check the terms and conditions. The case is going to court so it can take ages. It doesn't seem fair to hold you responsible for something you would have no control over, just because the other party is a teenager. I guess it would be no harm for him to see a solicitor anyway. Thanks again for your input.

mrsbeebee

You are not always responsible if you hit a minor. You will always be liable if the child is under 7 but this case involves a teenager who should have known better. Obviously his teenagers story is different and he is pursuing his claim . The insurance company has to go through the courts if they want to defend the claim. They cannot close the file and ignore it. If the case is thrown out of court and costs are awarded to the insurance company who are acting on behalf of your friend they may choose to allow his bonus and refund any extra premium he has paid but even if this were to happen the chances of recovering the costs are slim so the insurance company's own costs would still go against his policy. He will have to go to court and give evidence. It's a horrible situation and it sounds like your mate did nothing wrong but the insurance company has to follow the process.

smile27

Thank you mrsbeebee, this is very helpful.