How to get compensation as a third party when Insurance Company refuses liability

[lovellr]

Hi,

 

I would be grateful of all advice and assistance in relation to the following situation: -

 

A girlfriend meets an old male friend in a pub, there is too much noise so they go outside to talk and catch up. He sits in the drivers seat of his car and the girlfriend in the passenger seat out of the cold.

 

The girls boyfriend turns up and thinking that she is having an affair he DELIBERATELY drives his car into the parked vehicle and causes serious injury to both the old friend and the girlfriend.

 

The boyfriend's insurance company has denied liability to pay any personal injury claim on the grounds that this was NOT an accident AND the incident took place on private property.

 

Who can both injured parties now claim from to address their injuries?

 

I have discovered the Motor Insurers Bureau (MIB) but there are two issues: -

 

1. MIB applies to uninsured or untraceable drivers - the boyfriend was insured but the incident falls outside the scope of his policy - was he therefore NOT insured?

 

2. The issue of private property?

 

Can you shed any light on who to instigate a claim against?

 

Many Thanks

[lovellr]

How to get compensation as a third party when Insurance Company refuses liability

Hi,

 

I would be grateful of all advice and assistance in relation to the following situation: -

 

A girlfriend meets an old male friend in a pub, there is too much noise so they go outside to talk and catch up. He sits in the drivers seat of his car and the girlfriend in the passenger seat out of the cold.

 

The girls boyfriend turns up and thinking that she is having an affair he DELIBERATELY drives his car into the parked vehicle and causes serious injury to both the old friend and the girlfriend.

 

The boyfriend's insurance company has denied liability to pay any personal injury claim on the grounds that this was NOT an accident AND the incident took place on private property.

 

Who can both injured parties now claim from to address their injuries?

 

I have discovered the Motor Insurers Bureau (MIB) but there are two issues: -

 

1. MIB applies to uninsured or untraceable drivers - the boyfriend was insured but the incident falls outside the scope of his policy - was he therefore NOT insured?

 

2. The issue of private property?

 

Can you shed any light on who to instigate a claim against?

 

Many Thanks

[Steve__M]

This sounds like a legal exercise rather than a real incident.

 

IANAL but I would guess that if the police convicted the boyfriend you might be able to get criminal injuries compensation, and your other course of action would be a civil claim against the boyfriend.

[green_and_mean]

If you parked your car in a pub car park and it got torched would an insurance co. refuse to pay out for fire damage on the private property claim? I think not!

[barracad]

In a case like this, the claim would need to be made directly against the driver, not the insurance company.

 

I would say from the offset that I think it's unlikely your friend would get any kind of settlement from the driver without proceeding to a court claim, and as this is a personal injury claim, any claim over £1,000 will not be heard in the Small Claims Court. Therefore your friend may well want some help in making such a claim, so if she knows of a reputable solicitor, she may want to approach them to see if they will handle the claim using a Conditional Fee Arrangement. Alternatively, she may have Legal Protection cover on her home insurance which could be used.

[gwc1000]

If you parked your car in a pub car park and it got torched would an insurance co. refuse to pay out for fire damage on the private property claim? I think not!

 

Yes, you are insured in a private car park, but reading the question carefully I don't think that is the issue. I think the injured parties are trying to claim for personal injury and the insurance company are saying any injury sustained was not caused by an accident, but was pre-meditated, which would be correct. It is possible that this would not be covered by the boyfriend's policy.

Getting into a car at night with an ex can sometimes be dangerous.

[pin1onu]

How to get compensation as a third party when Insurance Company refuses liability

 

The girls boyfriend turns up and thinking that she is having an affair he DELIBERATELY drives his car into the parked vehicle and causes serious injury to both the old friend and the girlfriend.

 

The boyfriend's insurance company has denied liability to pay any personal injury claim on the grounds that this was NOT an accident AND the incident took place on private property.

 

The insurance company are saying saying that the boyfriend caused the accident deliberately and therefore it is not an accident and no claim or liability is due. This can probably wriggle out on this technicality but I suspect it depends on the policy. However if they have paid out for repairs to his vehicle and/or the other vehicle damaged then they have admitted that there is a liability and they should pay out on personal injury.

 

I think you would either have go down the lines of a criminal injuries claim or a personal injuries claim against the boyfriend. The boyfriend may have other insurance that will cover him for personal liability not just motor vehicle insurance. It might pay to consult a lawyer as to the rights and wrongs on this one. You can get free legal advice at the Citizens Advice Bureau. I think the RAC and the AA offer similiar services to their members.

 

Some of these no win no fee personal injury lawyers will probably give you some advice on whether you have a claim against the insurer or not.

[barracad]

Threads merged - please don't post multiple threads about the same thing.

[green_and_mean]

Yes, you are insured in a private car park, but reading the question carefully I don't think that is the issue. I think the injured parties are trying to claim for personal injury and the insurance company are saying any injury sustained was not caused by an accident, but was pre-meditated, which would be correct. It is possible that this would not be covered by the boyfriend's policy.

Getting into a car at night with an ex can sometimes be dangerous.

 

I did read it carefully and it said it was for TWO reasons not being an accident and on private property. Without seeing the individual policy I would not like to make a guess on liability for acts of violence using the car. The driver should have been reported for the act to the Police and prosecuted for any number of offences. The claim could then have been made against the driver and damages got from the Criminal injuries process. If all else fails a civil claim can be made through the courts.

[shywazz]

If you have your own insurance, and have the Legal plus/protection service, there will take on any further claims you might have, even some unions offer leagl plus for such, so consult them also, if you are in a union...But seek the advice of your own insurers directly...If your boyfriend has now been convicted of this offence by the courts, why hasnt damages been claimed via the courts ? Hope you both are now recovering okay and all the best...

[Guest Claims Management Centre]

OK, I have personal experience of dealing with a claim virtually identical to this... a driver deliberately drove his car at a man whom he believed was having an affair with his wife. The claim was successfully made against the insurance company who insured the car that caused the injury and the pedestrian was awarded somewhere in the region of about £3500.

 

The MIB will not deal with the claim as you rightfully say that the vehicle is insured and the driver identified. You will get the runaround from the insurance company because they will try every tactic to keep their money in their pockets.

 

The problem here is that the insurance company will say that the driver was using the car as a weapon and therefore it is a criminal injury rather than negligence on the part of their insured. However, in our case, we stated that the driver became negligent in his duty of care of driving responsibly.

 

It was a lengthy claim and took some time to force the liability issue but was won in the end.

 

My guess is thay the legal expenses insurance policy on the 'old friend's' insurance would decline the claim on the basis that liability would be less than 50-50 because most of those LEI policies only become worthy when the claim is an easy one.

 

Don't hesitate to ask if you want more info.

 

Regards

 

Brenig