Insurance, legal cover, excess, blame. Rant.

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I know there’s nothing I can really do about this, it seems all the decisions have been made, I just want to rant.

In the early hours of a day in late September 2014, I was driving along the M3 towards Fleet services. The sun was barely near the horizon, conditions were good and traffic was light.

All of a sudden, I felt a massive bump as though I’d driven over something and immediately following that, there was a scraping, dragging noise from the front of the car.

As I was only half a mile or so from the services, I pulled in to see what had happened. I got out of the car, started looking at the front when I noticed around ten other cars parked with the owners doing the same thing.

It turns out a lorry had shed a tyre and it was bouncing around the M3, all the other cars had hit it as well to varying degrees of damage.

The front bumper of my car was trashed, the undertray was destroyed and there was various other damaged areas as well. I was lucky, my car was still driveable once I’d pulled the undertray off. Other cars had much more damage, broken radiators, fluids leaking and at least two looked as though they’d never move again. Other cars came in while I was parked there who also had damage.

We called the police and waited for them to arrive. All our details were taken, we were told that a lorry had been found further up the road with a stripped tyre and those of us who were able to move went on our way.

My car was repaired under my insurance, the total cost was just under £1000 and I had to pay £200 excess to get it back. Because I have legal cover, I was told this excess would be recovered.

Fast forward to this weekend just gone.

I had a letter from my ‘legal cover’ telling me they won’t be able to recover the excess because the lorry which lost the tyre had a full and up to date maintenance record.

So I’m down £200.

To top it all, no matter how much I’ve argued the case with the insurance company, they insist that it’s my fault. In their words “you should have seen the tyre and avoided it”. When I discussed this afterwards by telephone with the police officer who came to the scene, he laughed and said that was stupid. The tyre was bouncing around the M3, it was dark and at least a dozen cars were damaged by it. According to Axa, this was all our fault. Bonkers.

So I also have to declare a ‘my fault’ accident when I apply for insurance now even though it clearly wasn’t my fault and it appears that there’s absolutely nothing I can do about it.

Grrrrrrrr.
 
That's insane! the lorry literally fell apart and a bit hit your car, how the hell is that your fault?! Even if there was a chance you could have avoided it, the lorry caused the accident!
 
Insurance companies suck, that's all anyone needs to bear in mind.
I feel for you on this, I imagine that it's probably quite a common occurrence. If it had come through the windscreen and injured you then I'm sure the outcome would have been different!
 
For the sake of £200, nearly 2 years ago, I think it's worth forgetting about and moving on with your life
 
I get it, I'd be frustrated too. The point was more than worrying about this now is not going to get you anywhere other than being more frustrated. Life isnt always equal and fair, sometimes its worth fighting but sometimes your own sanity is more important
 
That sounds like utter ****** to me...

If you'd just had your car fully service by a main dealer and on your way home the brakes fail and you go into the back of someone, who/whose insurance co. do you think is going to pick up the bill:

A) the person you go into the back of
B) you
C) the dealer who did the service

Obviously the answer is either 'B' (**** happens), or if you can prove the brakes weren't serviced correctly/left in a dangerous state 'C'. I can't see any circumstances where the answer would be 'A'! So how is your situation any different? :confused:

Don't suppose you got the contact details of any of the other victims? Might be worth getting in touch to see how their insurance dealt with it, and if you've all been fobbed off then start a joint claim/class action against the lorry co?
 
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Tbf it sounds pretty logical. You kind of are responsible for driving into things despite the circumstances here.

Also even if OP did have the details for all of the other drives, and every one of them happens to be in the same situation. Its only a total of 2k, it wouldn't be worth the time.
 
The word fault here is the main issue, but in the parlance of the insurance company it simply means that the cost of the claim remains with the insured party (you) because they have been unable to prove the legal liability lies with the third party (the lorry), which will almost certainly be due to a denial from the other party and therefore not having strong enough evidence to prove it. Also you have to remember that the cost of a legal challenge is going to exceed the cost of the claim very quickly so unless it's pretty open and shut it seems reasonable not to increase the claim cost unnecessarily.

I understand this will be frustrating but just chalk it up to experience.
 
I had something similar, on the A14, when a lorry tyre blew out. Not sure which lorry it was - suspect it was one carrying straw, but it happened as I was overtaking it and another (the straw lorry was in front, with the other close behind) - I thought it had come from the one behind but I called the company whose number was on the side of the cab and they said it was the front one.

Damaged the bonnet and didn't have any way to identify whose lorry it was, other than "not ours". (I pulled over to the hard shoulder to check damage as it was a massive bang, but fortunately just a dent and paint chips)... caught up with the back lorry but ... meh.
 
Marvin is correct - any instance where an insurer pays out and can't reclaim their costs is considered to be a "fault" claim.

Your only option to erase the claim is to reimburse your insurer yourself and take the lorry operator to the small claims court to try and recover your costs.

The difficulty is proving negligence on the part of the lorry operator, which it looks like they've covered off by providing inspection records to your legal cover provider. In my experience these legal cover people are just clerks and they won't take on anything that isn't an easy win. You might get a sympathetic judge in court, they might just pay out to save hassle.
 
...Also you have to remember that the cost of a legal challenge is going to exceed the cost of the claim very quickly so unless it's pretty open and shut it seems reasonable not to increase the claim cost unnecessarily...

I've never really understood the reasoning behind this. I mean obviously starting an expensive legal process to recover a £1000 claim is a poor business decision, so it makes sense for the insurance company to just not pursue it. But that should surely mean that the customer doesn't have to pay their excess. The insurance company is choosing not to do everything in its power and instead is accepting 'fault'.
 
It's more the 'fault' bit which is annoying me but it's all related.

fault and non fault are an indication of recovery and not an indication of blame.

If you going in to the rear of someone and no-one claims then liability wouldn't be resolved and would be recorded as a notification only.

Another example is if you parked your vehicle outside your house and wake up the next day to find out someone has hit your car leaving no details, that would be shown as fault as the costs remain outstanding.

either way the accident happening will be rated upon.


## should have read all the comments first ha.

if the costs are below £10k the legal costs would be fixed.

The whole reason for the maintenance is to try and attached negligence. If they have the vehicle serviced all the time and the accident happened through no error of the lorry owner then they would also be seen as a innocent party as they have not acted negligently.
 
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The difficulty is proving negligence on the part of the lorry operator, which it looks like they've covered off by providing inspection records to your legal cover provider. In my experience these legal cover people are just clerks and they won't take on anything that isn't an easy win. You might get a sympathetic judge in court, they might just pay out to save hassle.
This isn't a go at you by the way, but I can't see what negligence has got to do with it - fundamentally a fault with the other parties vehicle (inspection records are meaningless in this regards as far as I'm concerned as there is no doubt it was a fault with this lorry) has resulted in damage to 3rd party vehicles.
 
My car has "a full and up to date maintenance record". Shall I cancel my AA membership then. :rolleyes:

If you keep at it, I think they'll fold and cover your £200, and vitally remove that "at fault" clause too.
 
Never involve your own insurance for things like that.

Use a third party claims specialist and put it on your phone contacts before you need it - most car dealers and bodyshops can refer you to one. The problem might be that the lorry insurance was also underwritten by the same insurer as yours. This won't happen with a claims specialist.

As an example, Audi even have an app for it, and I'm sure others do.
https://www.insurewithaudi.co.uk/Products/Ensurance/
It's an insurer eat insured world out there.
 
A commercial vehicle has to have a full and up to date maintenance record by law, part & parcel of holding an operators licence.

Sounds odd to me, it's the equivalent of them saying to you "We're sorry Mr Feek but you can't claim from the car that hit you because it had a valid MOT"

Whilst a tyre letting go is rarely predictable, the debris is bad for sure, I've never heard of a successful claim against my employers for such an event though....
 
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