3. Accident at fault
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daisy

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Accident at fault
« on: August 07, 2024, 11:38:54 am »
Hello,

In 2021, I had an accident where a motorcycle stopped at a zebra crossing for no reason (no pedestrians). I slightly touched them. The guy did not even fall. However, five minutes later, he lay on the road and said he could not move. We had to call an ambulance... 
He made a claim. In the end, my insurer said that they would not be successful in court, as the rider of the moped had stopped on a zebra crossing. The insurer also said, "We have now completed our investigations into the matter and a decision has been made to settle the claim on the best possible terms."
A few days ago, I renewed my insurance. Today, I was contacted by my new insurer, saying that in their database, the accident shows at fault.
How is this possible? I have never been made aware of that. I still believe that I was not at fault.
How is this going to affect my new insurance? Is there anything I can do? Can they just decide that I was at fault?

Thank you in advance.
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Southpaw82

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Re: Accident at fault
« Reply #1 on: August 07, 2024, 11:40:38 am »
Not convinced this is a criminal matter, so I’ve moved it.
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roythebus

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Re: Accident at fault
« Reply #2 on: August 07, 2024, 11:45:13 am »
If you'e just touched another vehicle that is stationary then it's your fault. Cash for crash it's know as.
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The Rookie

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Re: Accident at fault
« Reply #3 on: August 07, 2024, 11:54:03 am »
If they settled the other parties claim against you, then you were deemed at fault. You were made aware of that from your own version of events!

Whether you were at fault or not isn't relevant, you have an 'at fault claim' you had to declare.

Quote
How is this going to affect my new insurance? Is there anything I can do? Can they just decide that I was at fault?
It will go up, hopefully you at least declared that the collision had occurred so have some credibility or they may cancel your insurance completely (which would be very costly going forward).
You could make a formal complaint to your old insurer about their decision to settle and see if it can be made non fault. You would probably have to take it to the ombudsman as I can't see them accepting it.
Pretty much yes, what other mechanism do you think sensibly applies?
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daisy

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Re: Accident at fault
« Reply #4 on: August 07, 2024, 11:58:21 am »
Quote from: Southpaw82 on August 07, 2024, 11:40:38 am
Not convinced this is a criminal matter, so I’ve moved it.


Thank you.
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daisy

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Re: Accident at fault
« Reply #5 on: August 07, 2024, 12:02:52 pm »
Quote from: The Rookie on August 07, 2024, 11:54:03 am
If they settled the other parties claim against you, then you were deemed at fault. You were made aware of that from your own version of events!

Whether you were at fault or not isn't relevant, you have an 'at fault claim' you had to declare.

Quote
How is this going to affect my new insurance? Is there anything I can do? Can they just decide that I was at fault?
It will go up, hopefully you at least declared that the collision had occurred so have some credibility or they may cancel your insurance completely (which would be very costly going forward).
You could make a formal complaint to your old insurer about their decision to settle and see if it can be made non fault. You would probably have to take it to the ombudsman as I can't see them accepting it.
Pretty much yes, what other mechanism do you think sensibly applies?

I have always declared the accident when renewing the insurance. However, I was putting it as not at fault.
I contacted my old insurer and they cannot prove they have informed me about their decision. They even sent me an attachment with a false date of delivery!
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daisy

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Re: Accident at fault
« Reply #6 on: August 07, 2024, 12:04:42 pm »
Quote from: roythebus on August 07, 2024, 11:45:13 am
If you'e just touched another vehicle that is stationary then it's your fault. Cash for crash it's know as.

This was my point but the insurer said they can't prove it.
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sparxy

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Re: Accident at fault
« Reply #7 on: August 07, 2024, 02:24:39 pm »
Check your first renewal invitation after the incident, what does it show next to the incident in the "Claims" section? It will almost certainly say "Fault".

Regardless, if you've been putting non-fault down and nothing has come of it until now, just grovel to your current insurer (different now?) and put it right.
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daisy

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Re: Accident at fault
« Reply #8 on: August 07, 2024, 05:48:53 pm »
Quote from: sparxy on August 07, 2024, 02:24:39 pm
Check your first renewal invitation after the incident, what does it show next to the incident in the "Claims" section? It will almost certainly say "Fault".

Regardless, if you've been putting non-fault down and nothing has come of it until now, just grovel to your current insurer (different now?) and put it right.


Omg, I had to log into my account from three years ago to find a paper called "Statement of Fact". It says fault- yes. I feel stupid now. I never knew about it. My NCB did not change. I didn't have any excess taken off me either, so I thought it was okay.   

I am calling the new insurer.

Thanks.
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slapdash

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Re: Accident at fault
« Reply #9 on: August 07, 2024, 07:05:05 pm »
An excess would only apply to an own damage type claim on most regular policies (though there are policies which apply excess to any claims - all sections).

It seems odd that your NCD was unaffected - unless it was protected.

Did the insurers tell you what the claim was settled for, your new insurers may want to know.

It is possible the final claim value was zero. This wouldn't generally impact NCD but would impact premium.
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daisy

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Re: Accident at fault
« Reply #10 on: August 13, 2024, 09:58:14 am »
Hi,
They could not give me a new quote with the change I made (at fault). I had to find a new insurer. However, I am happy now because I know that everything is sorted.

Thank you guys.
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