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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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car damaged by fire, who pays?


zeff737
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Hi, can any one help?

Whilst out for a walk last weekend the car that we had parked next to set on fire (arson suspected)

Our car was badly damage and may be written off.

 

We only got back to it as the fire crew was leaving.

 

The owner of the burnt out car refused to give her details for us to claim against.

 

Can we force her and claim off her insurance or do we have to claim off our insurance?

 

Thanks.

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You have to claim off your own Insurance. You can't prove them liable for their car catching fire and therefore damaging your car.

We could do with some help from you.

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Thats very unfair.

i was parked two spaces away (the space between us was empty) her car was gutted, the one parked next to it on the other side was very badly damaged as was mine.

There were witnesses to which car was the cause of the fire.

 

If i was parked outside a house i would be anle to claim off them, afterall this was not my fault why should i loose my NCB?

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Thats very unfair.

 

I was parked two speces away with an empty space between us, the car that was parked next to her on the other side was very bady damaged as was mine.

 

There were witnesses as to which car started the fire.

 

If i were parked next to a house that caught fire i would be able to claim from their insurance.

 

Why should i loose 12 year NCB over something that was nothing to do with me?

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Thats very unfair.

 

My car was parked 2 spaces away with an empty space between us. The car that was parked on the other side of hers was also toast.

 

There were witnesses as to which car was ablaze and as such caused mine to be damaged.

 

If i were parked next to a house that set on fire im sure i would be able to claim from their cover.

Why should i loose 12 years NCB over something that was not my fault?

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I sympathise with you,

That's the law I'm afraid, it may seem unfair, it’s also unfair to the person whose car was set fire to (assuming they are innocent), why should they also pay out for your car?

Regarding the house, only if the owner deliberately set fire to it (providing they were not a nut job with diminished responsibility) could you have any chance. If it were an accident (chip pan, bonfire gone wrong, electrical etc) then again they are not negligent.

If it's proven the owner of the car was complicit in the arson, then you may have a different case.

You won't lose all your ncb, 2 years from your max ncb (which usually is only allowed up to 4,5,or 6 years, there are others on the board who will have a better understanding of this than me).

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Nothing to add to Mwynci. It is all about legal liability, not moral responsibility or consequential cover from the first loss event.

 

If you park next to anything that catches fire, you are just plain unlucky. You would have to prove that the owner of the car that caught fire was legally liable which would be difficult, to be able to claim from them.

 

If you have a no claims discount you will lose 2 years worth or if you only have 1 year it will reduced to 0 or if you have protected no claims it won't reduce (unless you have had another claim) but your premium from renewal will be loaded.

We could do with some help from you.

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so i have to claim and pay for it on my next insurance, something seams very unfair about this, if i had hit the car and it was my fault then fair enough, you would asume the 'fire' part of a policy would cover other poor sods that get caught up in it, after all, 'third parties are covered on a TPFT policy........so what am i if not a third party?

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  • 10 months later...
MY Renault Megane decided to set itself on fire, no fault of mine. I had it for 5 months before it decided to do this, I had 10 years NCB which wasn't protected.

The car is a write off, how much NCB will i lose

 

The reduced NCD will be based on the usual maximum NCB they allow for the discount. So if this is normally 5 years, then at the renewal you will have 3 years NCB, having lost 2 years NCB for the claim.

We could do with some help from you.

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well i did have 9Years NCB so you reckon i should have 7 after the claim?

 

Ask your Insurers. They may only allow you 3 years NCB from renewal.

We could do with some help from you.

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so i have to claim and pay for it on my next insurance, something seams very unfair about this, if i had hit the car and it was my fault then fair enough, you would asume the 'fire' part of a policy would cover other poor sods that get caught up in it, after all, 'third parties are covered on a TPFT policy........so what am i if not a third party?

 

Is your NCB protected?

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I think I'm going to upset everyone here except zeff737!

 

Car A is the car that was set on fire and car B is zeff737's car. Car A is insured and this insurance includes third party liabilities. As a result of car A being set on fire or it just happening, as can happen, car B suffers damage. The proximate cause of the damage to car B is the fire at car A. Who's to say that this wasn't by someone with a grudge against car A? Will never be able to prove this.

 

In the first instance, I'd obviously be telling my own insurers but surely they'll want to make as much a recovery as possible against car A's insurance? Times are hard!

 

Zeff737, have you spoken with your own insurers about this? What do they say?

 

Would love to hear how you get on. Both hubby and I are insurance geeks!

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Wonky I think your missing the point over third party liabilties, proximate cause was the arson attack to the car, therefore the real third party (or the at fault third party)was the arsonist who holds the negligence, not the owner of the vehicle that was set fire to who (unless proven there is a connection). The fact about a grudge makes no difference unless car a was somehow involved in the act of setting fire, if someone had a grudge against me, punched me and my blood went on your shirt, would I be liable for the cleaning bill? (let's not discover that one!)

This does of course differ from the likes of RTA liability for thefts where the driver is named.

You never know though the insurer's could have made a recovery (it can happen if the third party's insurers are not that good), flogging a dead horse however can sometimes be as costly as the recovery you are seeking when you take into consideration staff costs, time to keep the file open etc.

Good though, :-) I like to hear a follow up to the claim liability cases and hear other opinions.

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Wonky I think your missing the point over third party liabilties, proximate cause was the arson attack to the car, therefore the real third party (or the at fault third party)was the arsonist who holds the negligence, not the owner of the vehicle that was set fire to who (unless proven there is a connection). The fact about a grudge makes no difference unless car a was somehow involved in the act of setting fire, if someone had a grudge against me, punched me and my blood went on your shirt, would I be liable for the cleaning bill? (let's not discover that one!)

 

Point well made.

 

It would be a bit like a robbery taking place, with a room full of people. Wonky is the first person to have his wallet taken, so everyone else in the room holds him responsible when their wallets/purses get taken.

We could do with some help from you.

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  • 2 weeks later...

Well all, im delighted to say that my car was insured as a classic car, which you dont build no claims discount from but you do tend to get considered better in claims like this.

 

Our insurance company have claimed all costs from the other (cows) insurance and it could not be construde to be in any way our fault........

 

Which is just and fair as far as we can see. why the hell should i loose out for someone elses misfortune! .......it turns out the car was torched by someone she ripped off...........over a drug deal!!!:-D

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  • 1 year later...

Hi I am New to this and found your thread

my car was set on fire

This was started by some body that stole the tax disc out of the the car next to my car and then set on Fire as my car was next to it it got damaged this car is owned by my Wife

my car was on privet land and was on a sorn with no insurance

i have contacted her insurance company and they wont except liability

i am interested to know how you got your money back or any other help

Michael

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Hi I am New to this and found your thread

my car was set on fire

This was started by some body that stole the tax disc out of the the car next to my car and then set on Fire as my car was next to it it got damaged this car is owned by my Wife

my car was on privet land and was on a sorn with no insurance

i have contacted her insurance company and they wont except liability

i am interested to know how you got your money back or any other help

Michael

 

You would have to find out something which made the other car owner liable for the situation that led to your wifes car being damaged. In this example on this thread, I think it was found out that the other car owner was involved in criminality. So I expect the criminals Car Insurers had no choice but to pay out.

 

If you cannot find out anything to make the other car owner liable, you are unlikely to get anywhere.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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