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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car insurance cancelled as someone has claimed against me.

32 replies

mumcanihavearabbit · 15/02/2011 17:10

Can they do that?? Back in November my husband was waiting to come out of a small junction, but his view was obstructed by a van parked on the pavement to his right. He slowly crept forward so he could see, but so that he wasnt causing any obstruction to the traffic on main road. A car stops, as if to let him out, but as he knows the person in the car and knows what he is like he waited for him to carry on. But he didnt carry on he waited and waited and cars behind him were beeping like mad as he was then holding up a fair bit of traffic. Anyway, my husband then decides to give him the benefit of the doubt and slowly pull out, he the car on the main rd put pedal to the floor, causing his car to wheel spin and hit my husbands car. Damage to our car was a slight crack on the bumper, so as far as I know his couldnt have been much worse, there wasnt much speed involved.

DH got out of the car things got heated, but they each went their separate ways.

After an hour or so we get a visit from the police saying that DH intentionally drove into him and then assaulted him and broke his phone, although the police said to us the phone he is claiming he broke is all broken to pieces, but yet he still managed to call from that number. He has history with the police for making stories. Police requested our insurance details which we were more than happy to give and when the police asked for his, he refused.

We phoned our insurance to inform them of the incident, and that we didnt want to claim for a slight crack, but we were told they may wish to claim off us but liability team will get in touch for our version of events.

Heard nothing until 2 weeks ago I was checking our policy online to see how much we would need to pay to have me put on the policy only to find a claim has been paid out with costs not receovered, so in otherwords against us.

Other driver has since has his car taken off him, as he was fraudulently claiming DLA, and was using to deal drugs.

We emailed insurance to see why the claim was against us, as police were informed of witnesses etc and we weren't told. They were supposed to ring me back on Friday, but didn't.

Today I received an email saying they were excercising their right to cancel the policy. A phone call to them revealed that because of the claim in November which involves a 3rd party, they have cancelled it. Can they do that?? I have paid £600 in monthly payments since the incident

Have posted in chat too but thought I would get more traffic here

OP posts:
activate · 15/02/2011 17:14

insurer can do whatever they want - they are cancelling teh part of the policy you haven't paid for

personally I'd ask the police to press charges for malicious damage

I'm sure you must have witness statements of the incident as you described it.

scurryfunge · 15/02/2011 17:16

Why didn't your DH make a counter allegation to the police at the time about him driving deliberately into you. What was the result of the police investigation?

Original poster
mumcanihavearabbit · 15/02/2011 17:18

No they arent cancelling for what I havent paid for, this happend in November I paid Nov, Dec, Jan and Feb since this happened. Why didnt they cancel then and why didnt they inform me that he had persued a claim, and get our version of events.

The police were given details of witnesses not sure what they did with them.

We have in ongoing issue with this person, we have for the last 10 years the police cant touch him as he is under mental health and uses the race card agaonst them. He has threatened to sue the police plenty times if they dont back him up.

OP posts:
pagwatch · 15/02/2011 17:20

The whole scenario sounds dodgy so I suspect that insurers don't want you on their books anymore.

If this other guy waited until your dh pulled out and then deliberately hit him why do your dh not call the police immediately?

Extremely odd.

Original poster
mumcanihavearabbit · 15/02/2011 17:21

We did tell the police what happened they cam and took photos of the cars and details of witnesses. The other driver told them to arrest my dp as he assaulted him, but we told the police he is happy to go in answer anything on the condition other driver goes too. So they both went spent the night in police cell, no charges made.

OP posts:
scurryfunge · 15/02/2011 17:22

Are you sure your DH is telling you the full story? The police do not operate like that at all.

NotSuchASmugMarriedNow · 15/02/2011 17:23

It sounds odd for an insurance company to cancel your insurance because you had to claim against them but, yes, they are allowed to do so.

The amount of insurance you have paid to date just covers you for the time you've been driving so unless you paid for a years worth of premiums upfront then you're not out of pocket.

has your dh made a lot of insuranc claims in the past, its usually for that reason that insurers cancel.

Original poster
mumcanihavearabbit · 15/02/2011 17:23

We have ongoing issues with the other driver, and are going through a solicitor as we have been for last 4 years, anything that happens gets logged with her. Dp didnt phone the police as he is sick of phoning them every other day and nothing being done. Other driver has previously tried to run my 3 year old DD over and the police said they couldnt do anything as I couldnt prove that was his intention.

OP posts:
potplant · 15/02/2011 17:23

Its a well known scam to cause an accident which looks like someone has driven into you like this. Without witnesses the evidence is against you, after all your DH pulled out without right of way.

Your insurer might have thought it was cheaper to settle his claim rather than fight it and lose.

No idea why they would cancel unless its in your terms that they will.

NotSuchASmugMarriedNow · 15/02/2011 17:24

why did both drivers have to spend the night in the police cell?

Original poster
mumcanihavearabbit · 15/02/2011 17:25

I still have 4 months reamaining on my policy so are they going to refund me the next 4 months. I dont owe them anymore on this policy it was paid up on my last payment which was friday.

OP posts:
Original poster
mumcanihavearabbit · 15/02/2011 17:25

As the other driver was claiming my dp assaulted him.

OP posts:
scurryfunge · 15/02/2011 17:27

You can't bargain with Police about who gets arrested.

Original poster
mumcanihavearabbit · 15/02/2011 17:27

potplant the thing is though the police have details of the witnesses and I am assuming they took statments. We reported it to our insurance and they said if other party wants to claim against us, liability team will be in touch, but we heard nothing.

OP posts:
wannaBe · 15/02/2011 17:28

with your original documents you should have received a policy booklet which will detail the terms and conditions of your policy. Have a look at the section which deals with cancellation of the policy - there it will give you information as to the circumstances that allows the insurer to cancel, they are reasons such as non-disclosure of information for instance but there may be a clause that sets out the insurers right to cancel in the event of a fault claim (i.e. where a claim is made against you), but that will depend on the kind of policy you have.

Who are you insured with?

If the insurer does have the right to cancel the policy in the event of a fault claim then that right would only be exercised once the claim was settled, hence why the policy was still active in December/January.

In the meantime you need to find insurance as your car is currently uninsured.

wannaBe · 15/02/2011 17:30

op no you will not be entitled to a refund as the policy has been used to pay out a claim.

NotSuchASmugMarriedNow · 15/02/2011 17:31

if the other driver was claiming that your dp assaulted him, then why did the other driver have to spend the night in the police cell.

It sounds like all 3 of you are up to no good!

AMumInScotland · 15/02/2011 17:32

If you are paying by monthly instalments, then you are square - they don't owe you a refund for the next 4 months, because you haven't paid for them yet.

caughtinanet · 15/02/2011 17:33

Did they cancel without informing you but continue to take payments from you?

That doesn't sound right, I agree that an insurer can choice who they accept but surely they have to tell you rather than just leaving it to chance that you'll find out.

I'd challenge it though as you might find it difficult to get cover in the future.

The whole situation sounds most bizarre - I hope you can get it sorted.

FabbyChic · 15/02/2011 17:33

Ring your insurers and ask them about reimbursement for the overpaid premium.

Tell them you paid for the year and they have only insured you for eight months and you want the difference back. If they say fuck ya, threaten legal action and go to the small claims court.

In the interim read up on your policy, as in some cases if a claim is made your forefit all rights to the balance of the premium.

You are asking us here questions you should be asking your insurers, it is after all only a telephone call you need to make.

Original poster
mumcanihavearabbit · 15/02/2011 17:35

Our car is insured until 22 Feb. They told us this in the email they sent.

We have spoken to our insurers this afternoon as we are not at fault and he has intentionally done this. The police are aware of this and they know he uses his car as a weapon. He owns the road when he is on it.

Can our insurers still get this sorted out though as the bit that I cant understand is they didnt inform us a claim was being made against us.

OP posts:
ThePosieParker · 15/02/2011 17:36

You may find some really good advice on Martin Lewis, I don't think they can go ahead and settle a claim without asking you, even if they advise you to settle it's your decision. I know this because it's happened to DH....his claim was over £50k and we went to court, car hire alone was £27k!!!

wannaBe · 15/02/2011 17:37

amum even if the op still owed money on the policy she would still have to pay it. She has taken out an annual policy to cover her in the event of a claim. If that policy is used to make a claim then the payment for the policy is still owed, even if the policy is cancelled as a result of the claim i.e. if the vehicle is written off.

If the op had paid the policy premium up front no refund would be due if the policy were cancelled following a fault claim.

One claim should not make it difficult for the op to find insurance in the future although it will affect her no claims discount which in turn will increase her premium.

.

activate · 15/02/2011 17:38

you've paid till feb and it's the end of feb and they're cancelling it now so don't get "No they arent cancelling for what I havent paid for, this happend in November I paid Nov, Dec, Jan and Feb since this happened"

you had to be insured during nov, dec, jan and feb

Original poster
mumcanihavearabbit · 15/02/2011 17:41

Dp got out of the car to check damage and do what needed to be done regarding swapping details. As dp checked the car and walked to other driver, other driver swung a puch and sent dp to the floor dp got up he swung again but dp blocked it. He isnt a fighter.

I dont owe insurance any more money I dont have anymore payments to make. They sent the email today.

Insurance company said they will look into the file and phone back.

OP posts:
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