NCB question

[Scort]

I couldn't find anything via search, apologies if it has been asked and answered though.

As I have an abundance of time on my hands at the moment, and I am in the process of sorting out my first ever crash, and subsequent claims – a question has just crossed my mind:

Prior to my crash I was 4 days away from expiry of my insurance and my first year’s no claims for my bike (40% discount from what I have read), I don’t believe that I stand to have anything claimed against my insurance, as the other party was in the wrong:

Brief explanation – I’m in the right-hand lane on a 40mph dual carriageway, come to a roundabout where both lanes can go straight over, on the roundabout itself a people carrier in the left lane decide to turn right, pretty much as I’m along-side it!

Anyway, a friend of mine’s other half was involved in a similar accident, albeit in a car, and the insurance used a case study to decide that the blame was 50/50; apparently she could have done something to avoid the crash

Now, to my question:

As I am now waiting on the police report and the subsequent action of the other party’s insurers, if I am fit to get back on a bike before I hear whether I am at fault, where do I stand with my NCB?
Am I correct in thinking, that at the time of purchasing new insurance, if there has been no notification that a claim is made against me, I can still say I have a year’s NCB? If so, what happens in the event I do get a claim against me?

Cheers.

Scort.

 

[pitchfork]

I doubt you will lose, thats looking to be the people carriers fault.

If you get a claim made against you before renewal, you lose your NCB I would have thought.

 

[Scort]

That's what I hope, pitchfork, but the use of 'case studies', rather than looking at my specific accident, could mean the insurers don't see it that way

That’s going to be a nightmare if they come back and say “yes Mr Scort, after reviewing a similar accident, we have decided that you are partly at fault”, as from my mate’s experience, if you decide to argue this decision, you will have to fund all the legal action yourself – although in that claim both party’s had cover with the same insurer.

I did think it logical to still claim NCB if I hadn’t been notified before buying a new policy, just interested to know what they do after…

Scort.

 

[[TW]Fox]

This is why in a non fault accident, never involve your insurance company. They screw you over like this - take NCB first, then investigate.

 

[Scort]

Sadly I was knocked unconscious during the initial impact then taken straight to A&E, I asked my dad to contact the insurance company on my behalf, as I wasn’t totally sure whether I was at fault at that point – in hindsight I guess this was the wrong choice; but I blame morphine and the whirlwind of other activity

Scort.

 

[Goksly]

Woman at work was in a similar situation. Yeah they do take your NCD and make you pay full amount, but within a month the claim was settled (in her favour - not at fault), her NCD was reinstated and she was refunded the difference.

 

[[TW]Fox]

Woman at work was in a similar situation. Yeah they do take your NCD and make you pay full amount, but within a month the claim was settled (in her favour - not at fault), her NCD was reinstated and she was refunded the difference.

She was lucky. It can take months. If you get the chance, always try not to involve your insurer beyond informing them of the accident, as is your legal duty.

 

[Scort]

Woman at work was in a similar situation. Yeah they do take your NCD and make you pay full amount, but within a month the claim was settled (in her favour - not at fault), her NCD was reinstated and she was refunded the difference.

Yes, this is is what my insurance company told me, so fingers crossed....

Ninja edit: mine has almost been 6 weeks since the accident now

Scort.

 

[Scort]

She was lucky. It can take months. If you get the chance, always try not to involve your insurer beyond informing them of the accident, as is your legal duty.

So legally you only need to notify them of an accident? If that is the case, would you then be able to choose how the whole process is handled? For example, these 'accident management companies', would you be able to choose to bring them in to deal with everything?

The reason I ask is that the response from my insurer has been pretty much non existent – I don’t think they have called me once with an update, I have always had to call them, and even then they ask that I contact the other companies dealing with the items (kit, bike, etc).

Scort.

 

[[TW]Fox]

So legally you only need to notify them of an accident? If that is the case, would you then be able to choose how the whole process is handled? For example, these 'accident management companies', would you be able to choose to bring them in to deal with everything?

Yes - this is exactly the case. The only time your insurer is legally required to be involved is if the accident is your fault and you have liability towards a third party (or if you wish to have your own vehicle repaired after an accident that was your fault, or perhaps more accuratlely, where there is no third party to claim from).

 

[Scort]

Yes - this is exactly the case. The only time your insurer is legally required to be involved is if the accident is your fault and you have liability towards a third party (or if you wish to have your own vehicle repaired after an accident that was your fault, or perhaps more accuratlely, where there is no third party to claim from).

But at that stage, I mean literally at the road side, how would you be able to prove you were not at fault, bearing in mind the use of these case studies?

As I understand from things my end, the other party's insurers will decide where the fault is from the police report, this in itself is known to take a long time to be released, so surely they (my insurers) would have to be involved from the off?

Scort.

 

[[TW]Fox]

An accident management company will dispute liability on your behalf if they feel it was not your fault. Or you can go back to basics and defend it yourself in court but generally if the accident is complex enough that an accident management firm wont take it on, you should fall back on your insurer.

 

[Scort]

Right, that clears that up, a lesson for the next time I think.

Scort.