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my friend wants to claim against my car insurance


jerad
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hi,0

i started driving in 2007 oct, and i had a crash in nov 2008 (i had 1 year no claim discount). the third party driver was not insured so police came and took all the details and his car. i had two of my friends with me during the crash, they seems injured, the one on the front seat seems to have crashed his head on the windscreen (went to hospital and told by doctor he is fine and told to go home later in the day- but he still had a pain). 2nd friend had pain on his leg.

 

i had thrid party insurance with that insurance company and reported my crash and i was told that i cannot make a claim since it is my fault. then i decided to cancel the (2nd year) policy - i only paid for two months (no car so nothing to insure).

 

 

then i bought a car in mar 2009. insured with another company and i got ncd from previous insurer (since no one has made a claim). in mar 2010 (after one year), i left that company and went with another (because it was cheaper).now 6months into the policy with 2 years NCD.

 

during these two years my friend on the front seat went through so many medical problems (back pain, headache and pain on the leg - can't sit for long time)....he had to spend so many medical fees and pain as well as stress. since he is a heavy person and he does hard lifting work at workplace... we thought it is due to lifting weight.

 

now a different doctor has found that one of his backbone disc is moved from its position and caused headach, leg pain and back pain. so the doctor asked him to claim against the insurance that i had two years ago. now he is asking me, is it fine with me?

it is very kind of him to ask me that.... he worried about me and what remarks i am going to have for next few years once the claim was made.

 

what would happen if he claims against me?

will i lose all NCD? or part of it?

how long the claim is going to be in my new policy? do i have to inform the current insurer once the claim is made?

would my first insurer asks me to pay the full premium for that year the claim was made?

would this affect my banking and my other financial stuff?

what if other friend also wants to claim?

 

thanks guys for reading, there are so many questions. when he first asked me about the claim i said fine. actually that friend wants me to clarify whats going to happen to me over the years... since he is my best friend and we would like to help each other out. thank. very appreciated if you guys can answer these questions.

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1) what would happen if he claims against me?

2) will i lose all NCD? or part of it?

3) how long the claim is going to be in my new policy?

4) do i have to inform the current insurer once the claim is made?

5) would my first insurer asks me to pay the full premium for that year the claim was made?

6)would this affect my banking and my other financial stuff?

7) what if other friend also wants to claim?

 

 

1). Nothing, just provide your friend with the policy number and Insurer details. This will be the Insurance policy you had at the time of the accident. Don't get involved in this at all. He may be your friend, but you are not really allowed to get involved. It is up to your friend to contact the Insurers directly.

2) No. This relates to a claim on a previous Insurance, which you reported at the time. Yes technically you would lose the 1 year you had at the time, if the original Insurers now paid out. But this claim may be paid out many years after the event. If this person was not your friend, you may not even be aware of them wanting to claim.

3) It won't be on your new policy as a claim, but you should have told your current Insurer of the accident when you took out the policy. When you arrange a new policy, you are asked about claims and accidents in the last 5 years. Did you declare the accident ?4) If you did not declare the accident to your current Insurers when you took out the policy, then I would keep quiet for the minute. If you phone them now, they could cancel your Insurance due to non disclosure and then you will have problems.

5) Yes, the Insurers on risk at the time of the accident could ask for the full years premium, but I doubt they would do so. If they knew about the accident and allowed you to cancel, without advising you that they could request the full years premium if a claim was subsequently made by a 3rd party, then it would be difficult to do this 3 years later.

6) No.

7) No difference. The other friend should just submit details to the relevant Insurer, as already advised above.

 

Your friend will not find it easy to claim against your Insurance, unless they have fully documented medical notes from the accident until the current time, which confirm the accident as the cause. The Insurers will fight this and even if successful, your friend could be waiting several years for any payout.

We could do with some help from you.

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thanks a lot unclebulgaria67,

i never thought i would get clear explanation as yours.

i didn't declare the accident since there was no claims.. i went through confused.com, where the questions are like this:

 

'Have you made claims in the last 5 years?YesNo

Have you been convicted of any motoring offences in the last 5 yearsYesNo

Do you have any non-motoring convictions?YesNo'

 

my friend has been to overseas for medication and he went to so many doctors here, but no one has clear understanding of why he was going through those pains. however, he has all the documents of the medications that he took. MRI scan, doctor tablets, physiotheraphy. they never said it is because of an accident nor he must have hit the windscreen- after the accident we don't know why the windscreen was broken becaus he thought he didn't hit it.

 

thanks a lot. now i will give my details to him and he can proceed with the claim. i will let you know what happens.

thanks again.

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If you just give him the details of the Insurers at the time of the accident and do nothing more, then you should not have a problem. DO NOT allow your friend to drag you into this. It is up to them to pursue this with the Insurers.

 

Your friend is going to have a very difficult time proving that the injury has anything to do with the accident. This could go on for years, which is why you do not want to get involved.

 

You should only get involved, if your original Insurers or anyone acting on their behalf makes contact with you. If you receive any correspondence from your friend or anyone acting for him, just send this on to the relevant Insurers.

We could do with some help from you.

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unclebulgaria67 can you please clarify why you say "DO NOT allow your friend to drag you into this"?

 

Technically the injured friend will potentially be suing the OP. The insurer will take it all over under subrogation but I would expect the injured friend to write to the OP stating that they are holding the OP responsible. The OP should then forward that to their insurer. That's the process I would expect.

 

Mind you I think that the friend is going to have a job proving their case!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Bernie

 

What I mean by this is that they should not become involved in discussing this with their friend or admitting any liability. Yes the friend may be instructed to write to the policyholder, as you mention and then the policyholder should just send this onto their Insurers.

 

If this ever became difficult because the Insurers were refusing to accept any liability, the friend could then be instructed by their solicitors to take forward legal proceedings. What might be a friendship could then be put under strain e.g. conversations between the two of them could then get aired in court or the friend makes demands on him.

 

The 'friend' may become desperate due to circumstances, so it would be wise to let the Insurers deal with it and not allow the 'friend' to start putting pressure on him, perhaps asking him to issue letters admitting liability for example. If they did this under pressure, the Insurers could say their position has been compromised and therefore will not make any payout. They could then find themselves having to pay the friend, rather than the Insurers.

 

This claim could be for many thousands if successful, so you have to be very careful.

We could do with some help from you.

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Thanks for the clarification I agree with what you say.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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  • 1 year later...

Hi unclebulgaria67,

Thanks again for helping me earlier. I got another problem on this case now. I gave him my insurance details, and he got paid £5500. Now I received a court judgment or order letter from chichester county court which states that I am the defendant and I am liable to pay £5500 to claimants solicitors.

 

I have told my friend to find what happened by calling his lawyers. He will be calling them, will let me know tomorrow. But I do not understand why this letter came to me instead of sending it to my insurance company

 

Thanks

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Hi jerad

 

I'm fairly sure that you have to forward the claim to your insurers, but wait for Unclebulgaria67 to confirm.

 

Hi unclebulgaria67,

Thanks again for helping me earlier. I got another problem on this case now. I gave him my insurance details, and he got paid £5500. Now I received a court judgment or order letter from chichester county court which states that I am the defendant and I am liable to pay £5500 to claimants solicitors.

 

I have told my friend to find what happened by calling his lawyers. He will be calling them, will let me know tomorrow. But I do not understand why this letter came to me instead of sending it to my insurance company

 

Thanks

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Hi unclebulgaria67,

Thanks again for helping me earlier. I got another problem on this case now. I gave him my insurance details, and he got paid £5500. Now I received a court judgment or order letter from chichester county court which states that I am the defendant and I am liable to pay £5500 to claimants solicitors.

 

I have told my friend to find what happened by calling his lawyers. He will be calling them, will let me know tomorrow. But I do not understand why this letter came to me instead of sending it to my insurance company

 

Thanks

 

 

 

You are the Defendant that is why the Court sent you a copy of the judgment. Send it on to your insurers that dealt with the claim.

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I thought I don't have to do anything at all on this case. Do I have to send it? Don't they know it already? Don't they get a copy of this as well?

 

No the Insurers won't have a copy. You need to send on the claim to the relevant Insurers you had at the time of the accident. Your friends solicitors had to arrange for the court claim to come to you, as that is the way it works. You just send it on to Insurers, with a covering letter quoting your policy number and asking them to deal with it as a matter of urgency. It is up to the Insurers to deal with it, as is required.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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No the Insurers won't have a copy. You need to send on the claim to the relevant Insurers you had at the time of the accident. Your friends solicitors had to arrange for the court claim to come to you, as that is the way it works. You just send it on to Insurers, with a covering letter quoting your policy number and asking them to deal with it as a matter of urgency. It is up to the Insurers to deal with it, as is required.

 

Thanks a lot everyone, specially Bulgariauncle67

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