Lost NCB on no fault claim - being charged addition premium

[CPhoenix]

Hi guys and girls,

I could do with a bit of advice but it may take a while to explain so please bear with me as, I really need help with where I stand in this situation.

I took a policy out with Norwich Union on the 23rd February 2006. In January 2007, a colleague's car rolled into mine in a car park (his handbreak failed and wasn't in gear) and messed up my bumper. Cutting that part of the story short - he agreed to put it through his insurance instead of paying £300 for the repair. Whilst my car was under repair, I was given a loan car at the 3rd party insurers expense however, I had to cover the car with my insurer (being under 25 - I had to modify my insurance & pay to specifically include the courtesy car).

Unfortunately, at the beginning of February - I pull out of a junction when a motorbike overtakes the car letting me out and plowed into the side of the courtesy car. Without going into detail (as this case may end up going to court), I reported the incident as soon as I got home. On the phone to the claims line - I was reassured that my NCB wouldn't be affected since this is obviously at the fault of the overtaking 3rd party. All details were submitted on paper to NU & the appointed solicitor as I was being charged the excess by the garage of the courtesy car for the repair.

Skip forward to the 23rd February where its time for my renewal, this was done over the phone by NU who said they only needed payment for this year's premium. Payment made and nothing further was thought of except for when will I receive my £370 excess back.

Skip forward again to 23rd May where I'm getting anxious to hear from the solicitors and call NU for their details. After a lengthy & confused conversation with the indian call centre they eventually provide the details of the solicitor dealing with the case. The next day I receive a policy ammendment from NU (dated the 23rd - the of my call) saying I no longer have an NCB???
Then on the 26th May I receive another letter from NU saying that as my policy was taken out before the NCB was removed I now owe an additional premium of £499!!! (but in the event of my claim being found in my favour I will be repaid the cost of the premium).

Now... this is a serious case of being guilty until lawfully proven innocent, regardless of the fact, I was advised the my NCB wasn't to be removed and they've decided to change their stance after 3 or 4 months after renewal! Also, I personally don't have £500 in my back pocket, so if I have to pay out on my credit card will they repay the interest until this has been settled??? I think not!

Please, please can someone tell me if I'm wasting the time disputing this or are NU in the wrong and I have a right to defend this.

Cheers

CP

[harrythehawk]

I believe you need to check the status of the claim, it may not yet be settled, however until it is in your favour then the NCB will be reduced and you will have to pay premium based on that.

[patdavies]

At the time that you renewed your policy, presumably the other party had not admitted liability; at that point in time you had claimed and your insurance co. had no guarantee that the other party would admit liability.

NCB is a no claim bonus, not a no blame bonus. You had claimed and therefore your NCB should have reduced. That it did not at renewal was an error on their part. Your telephone call has probably triggered a look at your file and they have realised their error. At the moment, you do owe them the increase premium and as soon as they recover their costs from the other party, they should refund the premium and re-instate the NCB.

No, you will not be able to claim the CC interest from NU, but you will be able to claim it from the other party as part of your uninsured losses.

[Trojan1401]

I'm afraid the above2 posts are 100% correct.

I would discuss however with someone sensible at NU i.e. in the UK, the situation and it may be that the claims are near conclusion. If that is the case, they may defer payment of the AP for a reasonable time.

Have you recovered your excess ? If so that is an indication that there will be 100% recovery.

[xrchris]

Forgetting the NCD issue at this point, are you sure this accident will be settled in your favour?

Not sure what the others on here think but you have emerged from a side road (turning right?) and i am not convinced this claim will be settled in your favour.

[CPhoenix]

I've spoken with the solicitors and both they & Norwich Union (when I called my claim in) believe as this claim will fall in my favour.
Mainly because this the motorcycle was overtaking at the time and the solicitors have got a witness statement of the car that was over took.

Highway Code:

143: DO NOT overtake where you might come into conflict with other road users. For example

• approaching or at a road junction on either side of the road

[Darren]

Originally Posted by xrchris

Forgetting the NCD issue at this point, are you sure this accident will be settled in your favour?

Not sure what the others on here think but you have emerged from a side road (turning right?) and i am not convinced this claim will be settled in your favour.

I have to agree, highway code section 141 states when you 'must not' overtake as they have laws covering them. Sections 142 & 143 only state 'do not' and have no relevant laws.

Section 148 states You MUST give way to traffic on the main road when emerging from a junction
laws RTA 1988 sect 36 & TSRGD regs 10 &25

[xrchris]

Originally Posted by Darren

I have to agree, highway code section 141 states when you 'must not' overtake as they have laws covering them. Sections 142 & 143 only state 'do not' and have no relevant laws.

Section 148 states You MUST give way to traffic on the main road when emerging from a junction
laws RTA 1988 sect 36 & TSRGD regs 10 &25

Exactly my point, i am thinking that this might go down to either a split liability or at worst the other party being able to hold you fully responsible.

This exact same thing almost happened to me twice last week where i was waved out and the person waving me out had not noticed an overtaking motorbike.

[Trojan1401]

I suspect that this will be settled with a degree of contributory negligence. Any NU guys reading this thread may be able to eleborate on a situation which is discussed in an RAC risk management presentation which is similar.

Ultimately though, NCD will be lost on this occasion.

[Beanie1]

What Trojan says is pretty much spot on but if the Third party (i.e the motorcycle) has admitted full liability then you would have NCD reinstated once the claim has been settled. If he disputed this as part negligence on your side then claim may be settled 50/50 and you both lose NCD but thats what the solicitors are there for, to determine fault.