HELP! fraudulent car accident and voided policy

[nicksain]

Hi, I am at a stage where I could really do with some friendly advice and support.

 

I was involved in a car accident recently (rear end shunt) where I went into the back of a car. On first instance it would seem I am to blame but there are mitigating factors which need to be taken into account.

 

I was driving on the main road in the City, when I saw a car driving erratically and carelessness in my rear mirror. He was causing problems to a few other cars, and then he came next to me. On reaching the end of the road and the subsequent traffic lights, he came into my lane, slammed his brakes on whilst the traffic was still on green and came to an immediate stop. As a result I went into the back of him, which no one could have avoided. I was also maintaining the correct speed limit and had slowed down near the traffic lights, but due to his actions I could not stop in time.

 

The driver then proceeded to drive off, without exchanging details. I was required to stand in front of his car three times to stop him driving off. I was also assaulted (he kicked me once – it wasn’t bad but he did connect). Eventually I had to let him go, and as he drove off I followed him - whilst on the phone to police – saying a driver had purposefully caused an accident and was not stopping to let me take his details down.

 

I then went to the police station immediately after, and informed them of what had happened. The police later went down and interviewed the man – and confirmed he was the registered keeper – and he had drove off as he had panicked! This is not the truth as he was smiling at the scene of the accident when he had seen the damage to my car. The police also reported that there had been NO damage to his vehicle. In simple terms they couldn’t be bothered to take it any further. (This is despite me asking them to check the CCTV – as it was on the main road in town).

 

Now to the problem….

 

My insurers – More Than (RSA Group), investigated the incident for the next 5 weeks before they sent me a later stating they were voiding the policy from the date of inception.

 

I was a named driver on the policy, and when the policy holder had bought his own car 6 months into the policy, they argued that I automatically had become the main driver of the vehicle and for that reason they were voiding the policy from when it had started.

 

Let me add, the car is shared by me and my work partner – who lives at a different address, as the vehicle was originally leased for our company work. Let me also add that the second car he actually bought was an old BMW classic car (so used rarely on occasions).

 

For the record, I have an outstanding claim from a few months ago, where a milkman reversed into me. However his insurers sent me a letter stating they had admitted full liability and that they would pay out ALL repair and hire charge costs. This is still ongoing as the milkman’s insurers – Zurich, are stalling with the payment – a common tactic used by Insurers said the RSA woman (Yes, because that’s what you are bloody doing to me too!!).

 

I feel More Than, were simply looking for a way to avoid paying out at all – and this is backed up by their refusal to challenge the others driver’s insurers and proceed to claim from them.

 

May I also add that I was fully comp – and that nowhere in the terms and conditions of the insurance, does it actually say that, ‘if you buy a second car, you must inform us immediately of this’. This is the first time I have ever come across this.

 

Since then, I have sent a complaint to More Than’s internal complaints department – something I must do first before going to the Ombudsman. We are quietly confident that if were to go to the Ombudsman, we would be able to prove More Than have acted unfairly in this - but of course nothing is certain.

 

The situation now is that, the 3rd party have sent me a letter from their solicitors saying I must pay his excess of £675. But the question is why am I having to pay this? There was no damage to his vehicle so what is he actually making a claim for?

 

I am 100% confident that it was a fraudulent claim, but the only evidence I have to support this is him driving off without exchanging details and police transcripts.

 

On the other hand my car – a new car designed to crumple, sustained a lot of damage. I have just paid for the repairs myself which have come to £4500. My question is how can I begin to claim this money from him or his insurers. I have also had to pay daily car insurance which works out to £25 a day – and it is really crippling me now, as the costs are mounting up.

 

As my insurance with More Than is on hold – I cannot rely on them to reclaim any monies now or in the future – so what are my alternatives?

 

I have been speaking to a number of ‘no win no fee’ solicitors about this, but most to be truthful have been reluctant to take it on – as I went into the back off him – despite my claims it was fraudulent.

 

Someone mentioned to me I should be claiming off his insurers – but does anyone know how to do this or how to go about it?

 

Another option I have heard is to take him personally to the small claims court – but I know this would be time consuming and effectively a lot more costly.

 

All this, because More Than voided my policy, to minimise payout. Ridiculous.

 

Apologies for the post being so lengthy, but there is so much to explain. Any help would be greatly appreciated.….

[JonCris]

I can tell you now that faced with intransigent insures like More than & Zurich you writing letters will get nowhere. Your circumstances are such & the likelihood that your matter will end up in court you need to see a solicitor NOW Once a solicitor becomes involved your claims will be taken seriously

 

Seek one who'll act on a CFA

[cazzaswfc]

Hi, Regards to the incident unfortunatly shunt claims almost always go in the favour of the car in front ( despite what may/may not have happened)

 

Judging by your post it seems the other party has since made a claim and they are now trying to recover costs from yourself as your insurance company have voided your insurance. as the above poster states you need to seek legal advise now and get a solicitor.

 

I would however follow the issue with Morethan further. it seems likely that they have voided the policy as you have not updated them of relevant facts, thing is though the general public are not to know that every little detail can affect the price and risk of a policy ( why would we)

I'm surprised they are taking it this far and not simply changing the information and then possibly charging you more money.

 

Couple of questions - Where was the car kept? is this the same postcode as what was stated in your policy?

 

From the insurers point of view they may think that you have not updated them of important facts to make your insurance cheaper ( always guilty untill proven innocent with ins co's)

 

Take this up as a complaint, ensure that you state that you do not feel that you are being treated fairly, that you gave all information accuratly and that at no point where you aware of the importance of the changes that occured and had no idea that it mat affect your policy.

 

Some insurers will backtrack at last complaint stage as it may work out cheaper than it being escalated to the FSA ( even if the client is on the wrong)

[JonCris]

Todays insurers will use any excuse to repudiate liability even if their claim about failing to update them has no bearing on the claim Also they will repudiate a claim even though that change in info would not have affected the risk or premium paid

 

Whilst you seek out a lawyer I suggest you write to Morethan I ask in what way you oversight in advising them of the other driver affects your legitimate claim as you now understand that had you notified them there would have been no increase in premium or underwriting risk

[nicksain]

UPDATE: RSA sent letter today stating they are sticking with their descision on voiding the policy.

 

So in the next few days i will be preparing the form to send off to the Ombudsman.

 

In reply to CAZZASWFC - the car was kept mainly at the Policy Holders address. Sometimes it would be kept at mine.

 

Thanks for all your responses - keep them coming.....

[nicksain]

Where is the best place to find a decent lawyer/solictor?

 

I have tried a number of 'no win no fee' ones but to no avail....

[cazzaswfc]

but there could have being an increase in price and risk had the OP contacted Morethan - at a guess I'd say there was hence the policy being voided.

 

However, hows Joe Public supposed to always know this - hence follow complaint all the was to the FSA.

 

if for example there was no or little difference in premium it may make the company overturn there decision.

[cazzaswfc]

UPDATE: RSA sent letter today stating they are sticking with their descision on voiding the policy.

 

So in the next few days i will be preparing the form to send off to the Ombudsman.

 

In reply to CAZZASWFC - the car was kept mainly at the Policy Holders address. Sometimes it would be kept at mine.

 

Thanks for all your responses - keep them coming.....

 

the reason I asked about this is due to some kept postcodes being hugely different in price and risk to others.

 

if it's still kept at the other adress ( the one on your doxs etc) then there would have being no need to advise

 

if you've exhausted complaints process - go to fsa

[JonCris]

but there could have being an increase in price and risk had the OP contacted Morethan - at a guess I'd say there was hence the policy being voided.

 

However, hows Joe Public supposed to always know this - hence follow complaint all the was to the FSA.

 

if for example there was no or little difference in premium it may make the company overturn there decision.

 

 

Not necessarily many insurer repudiate liability for reasons which have no bearing on the risk or premium They repudiate on the flimsiest of excuses As a result they are often critized in court & the ombudsman has warned then that such behaviour won't be tolerated

 

OP did you have legal expenses cover usually added for a small premium of about £15 or do you legal expenses cover on your home policy or credit card Check & if so you can ask any of them to fund your case even if the insurance was part of your Morethan motor policy:-D:-D

[nicksain]

Joncris - I am 99% sure i had the legal cover with the policy, as that was one of the main attraction of More Than.

 

However if More Than are voiding the policy - does it mean the legal cover i would have received is also void?

[JonCris]

Joncris - I am 99% sure i had the legal cover with the policy, as that was one of the main attraction of More Than.

 

However if More Than are voiding the policy - does it mean the legal cover i would have received is also void?

 

 

No BTE (before the event) is a stand alone policy & you will have paid the premium in full at the outset of the cover

[JonCris]

PS if you have it then consult a solicitor pointing out that you already have legal expenses cover