Fault/non-fault car accidents - reinsurance

[yonyon]

I really need help on this - my insurance company are being particularly unhelpful.

 

Last year I had a car accident and the person who is generally considered to be mostly at fault drove away without any of the cars involved being able to take their details/car reg. Liability has never been established by the insurance companies. There are 3 other cars involved who are all claiming from me in the absence of this unknown vehicle, two have been settled (one of which I consider shouldn’t have been settled as I maintain he was partially at fault) but both settled on a without prejudice basis. The final third party claim has just been settled, also on a W/P basis. Altogether including the cost of my written off car the costs are circa £25k.

I asked my insurance company what I should do upon renewal when it asks whether the accident was fault or non-fault. I was told as far as they were concerned I could put ‘non-fault’ as liability was never admitted or established and if my new insurers would like this in writing they could provide something in writing to that effect. I mentioned this to my claims handler who denied anyone had ever said anything of the sort, I argued this and he listened to the call and accepted this was advised to me but simply said “it is your decision how to deal with any future insurance applications”. They said they would not be able to put in writing the accident was ‘non-fault’ but would be willing to discuss this with any future insurer. I found this particularly unhelpful since I now do not know what to do.

From my understanding a ‘fault’ based claim for insurance purposes is where liability has either been established or admitted, which is not the case here. I am 24 (soon 25) been driving 8.5 years and have a completely clean track record other than this, however being such a big claim amount if I select ‘fault’, this will surely push my premium up to a ridiculous amount.

Any help much appreciated as I am so confused.

[Mossycat]

The dividing line between a fault and a non-fault accident is whether or not your insurers have actually made a payment to any third party without been able to recover their outlay. If that is the case then, they have accepted liabilty on your behalf and have made a payment accordingly.

 

Can you be more specific about the accident circumstances and detail exactly what happened, it's not clear from your initial post why you were held liable.

 

Mossy

[yonyon]

Thank you for your reply. The thing is my insurance Co have not admitted liability, yes they have paid out because they have been unable to recover costs from another driver, however they settled all elements of the claim on a without prejudice basis, i.e. without admitting liability on my behalf. The accident itself – I was driving along a motorway in the third lane (not speeding), the second driver, B, was in the second lane slightly behind me, the third driver, C, was in the third lane. The motorway was running completely freely (no queues or warnings on the matrix/ speed boards) suddenly in my lane there was a car sat completely stationary for no reason whatsoever, the car in front of me swerved and managed to get into a spot in front of another car, I couldn’t brake as I had another car right up behind me extremely close so if I broke, he would have gone straight into me and TBH it could have been a fatal accident. The only option I had was to go into the second lane. There was a car immediately ahead of me in the second lane so I moved into the middle lane as the car behind him should have left an appropriate gap. The problem was B must have been undertaking as he had moved further forward and once I moved into the second lane to avoid the stationary car, he hit b from behind, causing me to ‘snake’ along and eventually hit the central barrier. At the same time, B ‘bounced’ off me and hit C and another car, D, all three cars then ended up at the side of the road in the hard shoulder. I was hit another 3 times or so, but do not know who by as I was spinning after hitting the central reservation. The traffic all stopped to check everyone was ok, which we were, then proceeded to move along, including the car who we all agreed had caused the whole accident. The most we knew was the colour make and model. To cut a long story as short as I can, B admitted there and then he hit C and D, yet my insurers settled and paid out on a without prejudice basis for C and D’s claims. I asked why they had done this as he was undertaking and had not left a big enough gap, my insurers simply said we do not have to obtain your approval to settle claims. Finally, C’s claim is in the process of being settled on a without prejudice basis although I also argued the circumstances of his particulars as it was factually incorrect. It seems everyone claimed off me as they could not claim from the unknown driver and I have been told it is unfortunately ‘one of those things’ and everyone has to claim from someone. Without going into too much detail the insurance company has been absolutely appalling throughout I do not believe they have been acting in my best interests, to the extent I am putting in a complaint once everything is settled.

I hope this is enough info. Unfortunately, we are where we are with the settlements already completed, so I now am just concerned that my premium will be sky high upon reinsurance but at least in the meantime there is the hope it will be classed as non-fault with liability not having been established/admitted.

Thanks

[Mossycat]

Thank you for your reply.

The thing is my insurance Co have not admitted liability, yes they have paid out because they have been unable to recover costs from another driver, however they settled all elements of the claim on a without prejudice basis, i.e. without admitting liability on my behalf.

The accident itself – I was driving along a motorway in the third lane (not speeding), the second driver, B, was in the second lane slightly behind me, the third driver, C, was in the third lane.

The motorway was running completely freely (no queues or warnings on the matrix/ speed boards) suddenly in my lane there was a car sat completely stationary for no reason whatsoever, the car in front of me swerved and managed to get into a spot in front of another car, I couldn’t brake as I had another car right up behind me extremely close so if I broke, he would have gone straight into me and TBH it could have been a fatal accident. The only option I had was to go into the second lane.

There was a car immediately ahead of me in the second lane so I moved into the middle lane as the car behind him should have left an appropriate gap. The problem was B must have been undertaking as he had moved further forward and once I moved into the second lane to avoid the stationary car, he hit b from behind, causing me to ‘snake’ along and eventually hit the central barrier.

At the same time, B ‘bounced’ off me and hit C and another car, D, all three cars then ended up at the side of the road in the hard shoulder. I was hit another 3 times or so, but do not know who by as I was spinning after hitting the central reservation. The traffic all stopped to check everyone was ok, which we were, then proceeded to move along, including the car who we all agreed had caused the whole accident. The most we knew was the colour make and model.

To cut a long story as short as I can, B admitted there and then he hit C and D, yet my insurers settled and paid out on a without prejudice basis for C and D’s claims. I asked why they had done this as he was undertaking and had not left a big enough gap, my insurers simply said we do not have to obtain your approval to settle claims. Finally, C’s claim is in the process of being settled on a without prejudice basis although I also argued the circumstances of his particulars as it was factually incorrect.

It seems everyone claimed off me as they could not claim from the unknown driver and I have been told it is unfortunately ‘one of those things’ and everyone has to claim from someone. Without going into too much detail the insurance company has been absolutely appalling throughout I do not believe they have been acting in my best interests, to the extent I am putting in a complaint once everything is settled.

 

I hope this is enough info. Unfortunately, we are where we are with the settlements already completed, so I now am just concerned that my premium will be sky high upon reinsurance but at least in the meantime there is the hope it will be classed as non-fault with liability not having been established/admitted.

 

Thanks

 

Trying to make your reply more readable

[Mossycat]

I'm sorry if I am missing something here, but having read your version of how the accident happened it seems to be that you moved from the outside lane of the motorway into another lane (yes ok I know there was a stationary car blocking the third lane), and in executing that manouevre the car already in the second lane collided with you.

 

You then hit the central reservation, and the car that hit you then hit another two cars.

 

Are you all suggesting that the car that was stationary in the third lane (the one you all swerved to avoid) was responsible?

 

Mossy