Just an update, I have been exchanging email back and forth but they have only advised us to get in contact with step change to figure a budget and pay the debt off. My mum is insisting that we dispute the debt but I don't know how to do that. Is there any guide?

Also I believe there was no personal injuries as the lady was well enough to run out her car and take my mums keys from her... When we told the police this they did nothing about it. 

21 minutes ago, Manxman in exile said:

I'd be asking for a detailed breakdown of the £20k too.  It sounds like quite a lot of money to me, even if two other cars were damaged.  Does this include any personal injuries element or is there a likelihood of a PI claim in addition to £20k?

17 minutes ago, Manxman in exile said:

I'd be asking for a detailed breakdown of the £20k too.  It sounds like quite a lot of money to me, even if two other cars were damaged.  Does this include any personal injuries element or is there a likelihood of a PI claim in addition to £20k?

Hello,

The other car had 3 passengers including the driver so I don't know if 20k is reasonable or not. I'm going to be asking for a breakdown and see the details of the accident just in case the other side claimed more. Also, what do you mean by a PI claim ?

I have just read the reviews about this insurance and they do sound like scammer... 

14 minutes ago, unclebulgaria67 said:

Suggest just entering into communications, asking for reasons why they are refusing liability.  Ask for a copy of the last Policy they issued your Mum.  Send them an SAR.  Ask for all of the claim documents to be disclosed.

 

Don't sign any forms of indemnity as already advised.  Your Mum should use the complaints process and referral to the FOS, to ensure that the matter is fully looked into, before thinking about coming to any payment arrangement.  

 

Be careful with this company.  They have been known to quite difficult to deal with and may issue a Court claim.  So make sure you keep a record of emails and letters issued, don't delay in making the complaint and taking it to the FOS.  Not saying that the FOS will find in your Mums favour, but she might as well exhaust the full complaints process, which will add many months before having to pay anything.  

Hello,

Thank you for your reply,

I will take your advice on as the last thing I want is to end up in court. I guess I have to remain in contact and sort this out before anything. Really hope they won't be as difficult. 

On 06/02/2021 at 18:04, unclebulgaria67 said:

As soon as I saw which Insurance company was involved, I automatically presumed that the policy wording would be fully of exclusions. 

 

I have found a Policy wording online for GoSkippy/Watford Insurance, which I think is likely ton be similar to the one your Mum had, but do ask the Insurers for a copy of the actual last Policy wording that was issued by them.

 

Section 15 General Exclusions Applying to the Whole Policy

 

This Policy does not cover the following: The below exclusions apply as well as the exclusions shown in each Section detailing the cover provided.

 

1. Any injury, loss or damage occurring while Your Car is being:

a) driven by or is in the charge of any person not shown on Your Certificate of Motor Insurance; or b) driven by, or in the charge of, anyone who does not meet all the conditions described in the Endorsements in Your Motor Insurance Schedule and all the General Conditions Applying to the Whole Policy and any other Terms of this Policy; or c) Involved in an incident following which You, a driver described on Your Certificate of Motor Insurance as an insured driver, or any other person are:

 

 Driving with an alcohol level in excess of the legal limit;

 Driving while unfit through drink or drugs;

 Failing to provide a blood, urine or breath specimen (other than for a roadside test), for analysis; or

 Driving whilst unlawfully using a hand held phone;

or d) used for any purpose not shown on Your Certificate of Motor Insurance;

or e) driven by, or is in the charge of for the purpose of being driven by, any person to whom Your Car has been hired;

or f) used in an unsafe or unroadworthy condition or, where such regulations require, does not have a current MOT Certificate;

 

or g) used to carry any dangerous substances or goods; or h) Loss or damage if Your Car is used on the Nurburgring Nordschleife, or for racing formally or informally against another motorist, pace-making, competitions, rallies, Track Days, trials or tests, speed trials or speed tests, either on a road, track or at an off-road 4 x 4 event.

 

2. Any loss, damage or liability when Your Car is involved in any incident regardless of type, be that Accident, Fire, Malicious Damage, Theft or attempted theft and does not have a valid MOT Certificate in force at the time of the incident.

 

3. Any loss, damage or liability if caused maliciously or deliberately by any person driving Your Car with Your permission, agreement or support.

 

4. Any injury, damage or loss for any person involved in an accident arising out of the deliberate use of Your Car: a. To cause damage to other vehicles or property; and/or b. To cause injury to any person and/or to put any person(s) in fear of injury. c. To commit suicide.

 

5. Any loss, damage or liability arising from the use of Your Car on any description of footpath, bridleway or restricted byway, this Policy only provides cover to meet the minimum insurance requirements under the Road Traffic Act for vehicular use on a byway open to traffic.

 

6. Any injury, loss or damage occurring while Your Car is being: driven or in the charge of anyone who does not have a valid driving licence, is disqualified from driving, has not held a driving licence, is prevented by law from holding one and who does not keep to the Terms and Conditions of their driving licence as required by DVLA/DVANI rules and regulations and any relevant law.

 

7. Liability You have under any agreement, unless You would have had the liability if the agreement did not exist.

 

8. Loss, damage, injury or legal liability directly or indirectly caused by, resulting from or in connection with invasion, war, revolution or any act of Terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss, except where such liability is required to be covered by the Road Traffic Act. The definition of Terrorism shall follow the interpretation as set out in the Terrorism Act 2000 or subsequent amendments thereto or be any act deemed by the Government or a UK Court of Law to be an act of Terrorism.

 

9. Except to the extent that We are liable under the Road Traffic Acts this Policy does not cover any injury, loss or damage caused by or arising from:

 Thank you for this, its very useful. I'm guessing this concludes the reason why they refused indemnity and want us to pay for the damage. Is there any chance that we could reduce it? Or any ideas how long a pay back plan could be... we really don't have the money especially now during covid.

On 06/02/2021 at 18:44, hightail said:

Was there not some amnesty on MOTs through part of 2020?  If it applies here the words 'where such regulations require' could be relevant.

Yes, I heard there was an amnesty on MOTs but it was only for after 30th March which was way after the accident.

17 minutes ago, Manxman in exile said:

What does the actual wording of your mum's insurance policy say?

 

I may be mistaken but I thought that not having a valid MOT does not automatically invalidate your insurance unless the T&Cs of the insurance policy specifically say so.

 

So what does it say?

 

(Even then I would question whether the lack of a MOT is relevant if not having one is not connected with the cause of the accident.  eg if the lack of an MOT didn't contribute to the accident because the car was otherwise roadworthy, it would be arguably unfair to invalidate your mum's insurance for not having an MOT which would have had no effect on the accident.  And insurers have a duty to treat their customers fairly)

 

But insurance issues can be really difficult and Uncle Bulgaria knows more than I do

Hello, 

Thank you for your reply. 

I initially thought of looking at the T&Cs too but unfortunately my mum threw all of letters related to the previous insurance company assuming everything was sorted out. I know a stupid mistake but I will be emailing them to ask for a copy of all of our data with them. 

Hopefully, the insurance company is willing to treat this case fairly although it may be difficult. 

55 minutes ago, BankFodder said:

Yes. Send them an SAR so you get a full copy of everything they have. Do it this weekend

Hello, 

Thank you for your reply, I will use the template and send them a SAR. 

13 hours ago, slick132 said:

 

Please confirm exactly what they said so we can see if this was about the insurance policy covering the incident, or the policy continuing after it.

 

How long after the accident was the new MOT obtained ?

Hello, 

Thank you for your reply. 

We don't have the exact letter but we have the e-mail they sent us after we scanned the MOT to them. Once, we sent the MOT they stated this "Thank you for sending this, your policy will continue to run." Also, when I told them about the accident and the MOT on the day of the accident they did not mention anything about it and just told me to send a scan of the new MOT. Which is why I assumed it was sorted out. 

Also, we got the MOT 5 days after the accident. The previous MOTs and the MOT after the accident show that there was nothing wrong with the car that lead to the accident. It was mainly due to other parked cars blocking my mums view which is why she inched forward and the collision occurred. 

Also, is it possible to ask them for the previous letters and emails they sent ? Because, I haven't got any of them...

Hello,

Thank you for your reply.

I assumed that it was the expired MOT that resulted in this but at the time when they asked about the MOT they said that the insurance policy will run. So I thought it wasn't a problem...

I am going in and will  remain in contact with them and ask for a breakdown of what the cost is just to make sure the other side isn't claiming more. If that's possible to check. 

Someone living nearby did state that accidents like this always occur in that area and they were complaining about it to the council and police. Would this be any use in lowering the sum? Apologies for many questions. 

January 2020:

• Mum hit car from the side, when trying to drive from side road to main road,  which also hit another stationary car. 
• Police was involved, complete mess. 
• Reported it on the day to the insurance.
• Provided them with both video of the accident (taken from a nearby houses CCTV, we don't know them) and picture of the damage on our car. 
• Noticed MOT expired few weeks before accident.
• Emailed insurance about it, they asked for new MOT certificate, so gave it in 5 days provided. 
• Insurance stated policy would continue running. 
• Assumed everything was sorted because no contact from Insurance.

December 2020 - Now

• Insurance sent email in December asking for approx. £20K reimbursement
• Didn't notice the email as it's an old email.
• Didn't contact using a different method. 
• Got another email this week asking for it to be paid in 7 days, stated reason was indemnity refused.
• Emailed them to ask why indemnity was refused.

Insurance = Somerset Bridge Limited on behalf of Watford Insurance Company Europe Limited. 

Also, I have evidence of all the videos and pictures I sent them as well as email exchanges regarding the MOT. We really can't afford paying this fee and find it unfair. 

What would you advice? All help is welcome and needed

Thank you 

Hello, 

My mum got into an accident earlier in 2020, I am trying to solve this for her as she isn't able to.

Recently I noticed that they sent an email stating that we have to pay 20 grand as indemnity was refused.

I don't understand why they have decided to claim this a year after the accident when from what I know it was sorted out (?).

I emailed them to ask why they indemnity was refused but I don't even understand what is meant by that.

Please help.

I don't know how to resolve this situation.

Shall I get an insurance lawyer involved ? 

Shall I include more detail?