Unusual insurance situation

Eddie Ere

Hey folks,

I'm going to make a very long story short; there is an open claim on my car insurance for over 2 years and I have been stuck with aviva since.
I wasn't at fault, the county council was but i claimed through my insurance to pay for the work carried out as I didn't have the cash to pay the damage up front and then go seeking it off the council.

The council have been disputing liability with the company who done that part of the road where the incident occurred, but Aviva will have an answer by this Friday whether they are settling or going to legal proceedings.

I have protected no claims discount on my policy, which allows me 2 claims in 3 years with no effect on premium.

My question is. If this is settled and all the cost is recouped and I receive my excess back, if I decide to shop around for my renewal do I have to let others insurers know that this incident happened at all? Do i have to disclose it to them legally?

Thanks

treascon

Absolutely you do. Not sure why you would be querying this?

NUTLEY BOY

treascon wrote: »

Absolutely you do. Not sure why you would be querying this?

100 % CORRECT.

Failure to disclose the accident to any future insurer [subject to any time limit they set for disclosure e.g. previous 5 years] is non-disclosure of a material fact. That could render a policy null and void from inception.

Such non-disclosure is also an RTA offence.

If you fell foul of this rule and had a policy voided for non-disclosure that, of itself, would then become another material fact to be disclosed !

The issue of fault for the accident is not relevant to the issue of disclosure.

Henry Ford III

Yes you have to disclose it, but if you've recovered your dmages fully and the claim is closed then it shouldn't make any difference to a potential new underwriter.

Henry Ford III

NUTLEY BOY wrote: »

100 % CORRECT.

Failure to disclose the accident to any future insurer [subject to any time limit they set for disclosure e.g. previous 5 years] is non-disclosure of a material fact. That could render a policy null and void from inception.

Such non-disclosure is also an RTA offence.

If you fell foul of this rule and had a policy voided for non-disclosure that, of itself, would then become another material fact to be disclosed !

The issue of fault for the accident is not relevant to the issue of disclosure.

You sure it's a RTA offence? It's breach of contract for insurance purposes for sure and may invalidate cover, buy beyond that?.....

Eggs For Dinner

Firstly, your claim is not 'open' as you have described it. The claim is settled and the recovery is outstanding. Insurers have fulfilled their obligation under the policy to compensate your loss and the decision to seek recovery is an option they may or may not decide to pursue. In this case, it appears they are very active

Secondly, until full recovery is achieved, you need to declare the incident as an accident and a claim to potential insurers. If full recovery is achieved, you need to declare the 'accident'

GM228

Henry Ford III wrote: »

You sure it's a RTA offence? It's breach of contract for insurance purposes for sure and may invalidate cover, buy beyond that?.....

When obtaining insurance any representation or statement you make which you know to be false or misleading in any material respect is an offence under S64 of the Road Traffic Act 1961.

Eddie Ere

Eggs For Dinner wrote: »

Firstly, your claim is not 'open' as you have described it. The claim is settled and the recovery is outstanding. Insurers have fulfilled their obligation under the policy to compensate your loss and the decision to seek recovery is an option they may or may not decide to pursue. In this case, it appears they are very active

Secondly, until full recovery is achieved, you need to declare the incident as an accident and a claim to potential insurers. If full recovery is achieved, you need to declare the 'accident'

Ahh ok thanks for all of the replies. I just want to query that you said it isn't open? So will the date of settlement already have happened and I should find out and indicate this date for future policy queries with other companies?



Thanks again to all.

Eggs For Dinner

Eddie Ere wrote: »

Ahh ok thanks for all of the replies. I just want to query that you said it isn't open? So will the date of settlement already have happened and I should find out and indicate this date for future policy queries with other companies?



Thanks again to all.

It is settled if your claim is paid and there isn't a claim lodged against you by the the other party. You are entitled to a CPC letter from your insurer saying it is settled and the amount paid. The recovery is a totally separate process

GM228

Eggs For Dinner wrote: »

It is settled if your claim is paid and there isn't a claim lodged against you by the the other party. You are entitled to a CPC letter from your insurer saying it is settled and the amount paid. The recovery is a totally separate process

Are you sure about this?

A few years ago a friend was involved in an accident and there was a dispute over liability, similar to what the OP describes (the other party was another motorist).

His insurance company paid out for replacement of his vehicle (just like the OPs paid out for repairs to their vehicle) pending settlement of the liability issue (which eventually was settled at 50/50 I think).

He told me this was pretty standard where disputes arise and until the issue of liability is sorted there is still an open claim, I remember the conversation very distinctly, he said an open claim was not just about payment, but settlement of all matters related to the claim - he worked in the claims department of his own insurance company BTW.

ravima

Big difference between an 100% recovery and a 50% recovery.

With the former, you will have no 'black' mark against you and you should be able to shop around, but with a 50% recovery, there is still a payment of 50% under your policy so your NCB will be affected.

Eggs For Dinner

GM228 wrote:

A few years ago a friend was involved in an accident and there was a dispute over liability, similar to what the OP describes (the other party was another motorist).

I clarified by saying providing the other party hasn't lodged a claim against you. I read this scenario as the poster suffering a loss and the other party just not accepting responsibility, rather than the other party seeking damages from the OP.

GM228

Eggs For Dinner wrote: »

I clarified by saying providing the other party hasn't lodged a claim against you. I read this scenario as the poster suffering a loss and the other party just not accepting responsibility, rather than the other party seeking damages from the OP.

AFAIK, the other party does not need to have a claim against you, rather you can just have a claim against them as appears to be the case here, they just need to reject that claim and then the claim is still open until the liability issue is settled.

Eggs For Dinner

GM228 wrote:

The other party does not need to have a claim against you, rather you can just have a claim against them as appears to be the case here, they just need to reject that claim and then the claim is still open until the liability issue is settled.

If you are claiming against somebody else for a loss and there is no counter claim AGAINST you, YOU do not have an open claim

Eddie Ere

Eggs For Dinner wrote: »

If you are claiming against somebody else for a loss and there is no counter claim AGAINST you, YOU do not have an open claim

This his made my day. Good riddance Aviva you parasites, I've shopped around and I can get my quote for renewal 800 cheaper with similar benefits from other insurers.

Cows Go µ

Eddie Ere wrote: »

This his made my day. Good riddance Aviva you parasites, I've shopped around and I can get my quote for renewal 800 cheaper with similar benefits from other insurers.

Have you spoken to the new insurer or just done an online quote? Make sure they are completely aware of the situation as just because someone on the internet says that the claim is closed, doesn't mean that the new insurer looks at it that way. If you have an at fault claim (which is how they will view it until all of the money has been recovered) in the last 3/5 years then I'm surprised that they will quote you at all

Eggs For Dinner

Cows Go µ wrote: »

Have you spoken to the new insurer or just done an online quote? Make sure they are completely aware of the situation as just because someone on the internet says that the claim is closed, doesn't mean that the new insurer looks at it that way. If you have an at fault claim (which is how they will view it until all of the money has been recovered) in the last 3/5 years then I'm surprised that they will quote you at all

The OP submitted a claim for his damages under his policy and they paid him. No other party is seeking compensation from him. The claim is closed.

As is their right, Aviva are entitled to recover their outlay from a 3rd party if they feel they were liable. If they succeed, it improves the situation for the insurer and the OP. If it fails, it remains as it is today.

You are right, of course, not to take the word of some randomer on the internet. Make sure whoever you speak to clearly understands the principle of the claim is settled, with the insurer's recovery ongoing.

Cows Go µ

Eggs For Dinner wrote: »

The OP submitted a claim for his damages under his policy and they paid him. No other party is seeking compensation from him. The claim is closed.

As is their right, Aviva are entitled to recover their outlay from a 3rd party if they feel they were liable. If they succeed, it improves the situation for the insurer and the OP. If it fails, it remains as it is today.

You are right, of course, not to take the word of some randomer on the internet. Make sure whoever you speak to clearly understands the principle of the claim is settled, with the insurer's recovery ongoing.

I get that. I'm just saying to be completely clear with the new insurance company. I'd also say to have all of the documents in before the inception date (NCB in particular but as it's Aviva they will likely also need a claims letter as I know Aviva through a broker don't put the claims details on the NCB) in case they have a problem with one of them to make it easier to go back to Aviva in the case that the policy needs to be cancelled

Eggs For Dinner

Cows Go µ wrote: »

I get that. I'm just saying to be completely clear with the new insurance company. I'd also say to have all of the documents in before the inception date (NCB in particular but as it's Aviva they will likely also need a claims letter as I know Aviva through a broker don't put the claims details on the NCB) in case they have a problem with one of them to make it easier to go back to Aviva in the case that the policy needs to be cancelled

Totally agree. Request a CPC settlement letter from Aviva. If they haven't already issued it to the client saying the claim is closed, they have breached the Regulations

NUTLEY BOY

RTA 1961 S64. - LINK http://www.irishstatutebook.ie/eli/1961/act/24/section/64/enacted/en/html#sec64

For a day trip around the issue of material facts look at Earls -v- FSOB & FBD.
LINK http://www.bailii.org/ie/cases/IEHC/2015/H536.html

Eggs For Dinner

NUTLEY BOY wrote: »

RTA 1961 S64. - LINK http://www.irishstatutebook.ie/eli/1961/act/24/section/64/enacted/en/html#sec64

For a day trip around the issue of material facts look at Earls -v- FSOB & FBD.
LINK http://www.bailii.org/ie/cases/IEHC/2015/H536.html

You're referring to non-disclosure. My point is that the claim is settled, it is not 'open'. Obviously it needs to be declared

Eddie Ere

I've just been on the phone to Aviva for the last hour. I've been told that my claim is not closed, they are still waiting for either of the 2 parties to admit liability or come to an agreement to share the costs. It looks like this is not going to happen so legal proceedings look likely to be issued.

However, I have gone back through my paperwork and found a letter that states the claim is settled, the amount, the breakdown and then in conclusion; 'Your claim is now closed.' It's dated in 2016.
They've told me it's human error on the handlers part to state that this is so?

Anyone got an opinion on where I stand or will it simply pass as human error? I'm aware this won't change the actual status of the incident but it seems grossly negligent on their part. I also think I will have to take the advice of one of the posters above and explain my case to other potential insurers on the phone.

Eggs For Dinner

You really need to provide specific details of the incident. Is there any way a 3rd party is alleging you owe them compensation or are they just not putting their hands up for your loss?