On the 6th February this year, Ace Insurance's (now part of Chubb) insured driver, driving a BMW X3 drove into my parked Mitsubishi Space Runner, and into two other vehicles.
I was in the drivers seat (engine off, automatic transmission in park, legally and properly parked in a parking bay with no restrictions) and suffered broken front teeth and cuts to my head and legs (not serious cuts). I want to claim for the car and the broken teeth ONLY, I probably suffered whiplash but I am not claiming for any extraordinary damages.
Police and ambulance services attended the accident scene and the client has admitted full responsibility for the accident. I have filed a Police report also. The Police have written to me since saying they are taking no further action.
My insurers, esure, and Chubb, instructed engineers to inspect my vehicle on 9 February and agreed that it was beyond economic repair and agreed with the valuation of £900.
ESURE paid me £350 (£900 minus my excess of £550) but I have had to keep paying the monthly instalments on my insurance (although my car was destroyed and I don't have a car insured with them anymore!) as the claim is not settled.
After repeated telephone calls, emails and recorded delivery letters to FMG Claims Handling, Chubb Insurance and my insurers ESURE, Broadspire (who are now handling the claim for Chubb/Ace), I have been told by Broadspire that as the driver blacked out and there was no history with his insurance company, of him having black outs previously, they would have to investigate his medical records and find out if he had ever blacked out. If he has not blacked out before, they will not pay out as it is an 'unforeseen circumstance' and it is deemed that he was not in fact driving and in control of the vehicle, so he (and his insurers) are not liable. If he has blacked out before and failed to tell his insurers, I presume that his policy will be void as he has not declared an infirmity or medical condition?
Chubb has told me that it has paid out to one or two of the other car owners whose vehicles were written off by him, apparently as they took up the offer of hire cars and Chubb/Broadspire wanted to cut those rising costs. But the payments were made on what Broadspire told me is a 'without prejudice' basis; they can claim all the money back if their client is deemed to have been either not there (blacked out for the first time in his driving life) or his policy is voided by his non-declaration of his condition.
My questions are:
1. Has this happened to anyone else reading this and what was the outcome?
2. Can I claim from the Motor Insurer's Bureau if Chubb/Broadspire manage to get out of paying me out?
3. Can I take the driver to court personally to get some compensation?
All I want for Christmas (and it looks like it might take that long) is my two front teeth (and my excess).
I was in the drivers seat (engine off, automatic transmission in park, legally and properly parked in a parking bay with no restrictions) and suffered broken front teeth and cuts to my head and legs (not serious cuts). I want to claim for the car and the broken teeth ONLY, I probably suffered whiplash but I am not claiming for any extraordinary damages.
Police and ambulance services attended the accident scene and the client has admitted full responsibility for the accident. I have filed a Police report also. The Police have written to me since saying they are taking no further action.
My insurers, esure, and Chubb, instructed engineers to inspect my vehicle on 9 February and agreed that it was beyond economic repair and agreed with the valuation of £900.
ESURE paid me £350 (£900 minus my excess of £550) but I have had to keep paying the monthly instalments on my insurance (although my car was destroyed and I don't have a car insured with them anymore!) as the claim is not settled.
After repeated telephone calls, emails and recorded delivery letters to FMG Claims Handling, Chubb Insurance and my insurers ESURE, Broadspire (who are now handling the claim for Chubb/Ace), I have been told by Broadspire that as the driver blacked out and there was no history with his insurance company, of him having black outs previously, they would have to investigate his medical records and find out if he had ever blacked out. If he has not blacked out before, they will not pay out as it is an 'unforeseen circumstance' and it is deemed that he was not in fact driving and in control of the vehicle, so he (and his insurers) are not liable. If he has blacked out before and failed to tell his insurers, I presume that his policy will be void as he has not declared an infirmity or medical condition?
Chubb has told me that it has paid out to one or two of the other car owners whose vehicles were written off by him, apparently as they took up the offer of hire cars and Chubb/Broadspire wanted to cut those rising costs. But the payments were made on what Broadspire told me is a 'without prejudice' basis; they can claim all the money back if their client is deemed to have been either not there (blacked out for the first time in his driving life) or his policy is voided by his non-declaration of his condition.
My questions are:
1. Has this happened to anyone else reading this and what was the outcome?
2. Can I claim from the Motor Insurer's Bureau if Chubb/Broadspire manage to get out of paying me out?
3. Can I take the driver to court personally to get some compensation?
All I want for Christmas (and it looks like it might take that long) is my two front teeth (and my excess).