Insurance Question

[Comer]

I have an insurance question and if anyone knows a definitive answer I'll be very grateful.

My girlfriend is insured with Elephant and was involved in a 3 car shunt whilst stationary in traffic.  She was at the front and hit by an insured car.  But the insured car was initally hit by joyriders who scarpered.

After 6 months of submitting answers to the same repeated questions on the Elephant website my girlfriend has been told that Elephant cannot recover their losses because the car that caused the accident wasn't insured.

That was bl**dy obvious the day it happened.   Now she has lost her £460 excess and her no claims is going to be reduced even though it is protected.

Does anyone know if she can appeal and claim off the car directly behind her one, which obviously didn't have his handbrake on whilst stationary in traffic from the amount of damage done.  

It's a bit harsh on the guy behind, but I thought you claimed off the car which hit yours and so on.  If not then does the car at the back of a 10 car shunt on the motorway get hit with 9 claims???

Thanks in advance

[GSB]

I have an insurance question and if anyone knows a definitive answer I'll be very grateful.

My girlfriend is insured with Elephant and was involved in a 3 car shunt whilst stationary in traffic.  She was at the front and hit by an insured car.  But the insured car was initally hit by joyriders who scarpered.

After 6 months of submitting answers to the same repeated questions on the Elephant website my girlfriend has been told that Elephant cannot recover their losses because the car that caused the accident wasn't insured.

That was bl**dy obvious the day it happened.   Now she has lost her £460 excess and her no claims is going to be reduced even though it is protected.

Does anyone know if she can appeal and claim off the car directly behind her one, which obviously didn't have his handbrake on whilst stationary in traffic from the amount of damage done.  

It's a bit harsh on the guy behind, but I thought you claimed off the car which hit yours and so on.  If not then does the car at the back of a 10 car shunt on the motorway get hit with 9 claims???

Thanks in advance

Essentialy I think thats the way it works... Although I do believe that the insurance companies operate a scheme for uninsured losses.

However, my first step in your case would be to stop communicating via the website, Its a buffer between the customer and the insurer that you need to get rid of. Get a phone number, any phone number, and phone up the highest placed desk johnny you can find at Elephant, and make his life a living hell with 5 phone calls a day until it becomes worth his while to sort the problem out for you, just to get rid of you. This is sometimes the only way you get a result.

Bear in mind that when they read an e-mail they can reply with any number of pre-written answers and forget all about you. If you get in one blokes ear for long enough that he starts twitching every time the phone rings, you'd be amazed how quickly unbendable rules get pretzled just to keep the peace.

I've had the same problem twice now, and this has been the ONLY method that gets me the attention I require. Basically, don't put up with any shit, always make sure you hammer the point home, and keep them talking,  never be the one to hang up the phone first. They'll hate you for it, but the results will be forthcoming...

[Anonymous]

Hmmm.....thats a strange one. This is the story of my mats Laguna pile up on the M25.

Stationary in traffic. There was a line of about 6 cars at the back of the jam. A Jag hits the rear car at about 50mph, which had enough force to knock the car into the back of the next one for SIX CARS. My mates was right in the centre.

As I can recollect, his claim had to go through the guy behind, who hit him. Then that guy had to claim from the guy who hit him and so on. This worked its way right from the front to the back of the shunt, so the guy at the back is then busted for ALL the cars damage. Its a stupid process, but thats how they were told to claim. From the one behind.

In your case, I would imaging the person behind your missus could claim from the guy behind. Its a bit harsh, but then the guy who got hit initially would then have to consult HIS insurers to sort it out and not leave your missus to fend for herself.

That is a much as I know. It might not be much help, but it does give an insight into how the claims process works in multiple car crashes.

[Anonymous]

I do all my insurance dealings over the phone, I don't even know my insurer's email address.

[Anonymous]

I agree with GSB there is a scheme for unisured losses. Not to sure on this one but it's worth a try 'small claims court' might be worth a visit, they are usually very helpful. Might also be worth while checking on the distance the car behind was stopped from you and was parking brake applied, I feel sure there is a specified distance your supposed to pull up behind someone.
Don't understand why she has lost her excess if they are not accepting a claim  s:!: :!: s:!:  likewise how can she lose her NCB  s:?: :?: s:?:  have I missed something  s:!: :!: s:!:

[Comer]

Cheers for the help.  I'll get her to badger them like she badgers me!!

She has been in contact with solicitors appointed on Elephant's behalf but they have been useless.  At the accident scene the Policeman said 'It's ok love you'll just claim off the bloke who hit you'.  

When my missus told the solicitor this (in a rare phone call) the solicitor (or office junior?) said the Police had no right to say that and that all claims will be made against the insurance of the car who caused the accident!!!

Her car has been repaired and it was a mess.  She paid £460 excess to the bodyshop and I guess Elephant footed the rest.  

But Elephant won't pay her back the £460 excess because they reckon there is no company to claim it from.  And that statement came via email from Elephant and not the two-bob solicitor.

I think we'll get a few points down tonight and then give Elephant grief tomorrow.

Meanwhile I'll resist booting the telly when their advert comes on.

[Anonymous]

Check on Google for the 'Motor Insurers Bureau' based in Milton Keynes.

They can assist innocent victims of uninsured or untraced drivers.  You might still lose your excess but certain other losses, repair costs, damages for injury and any other financial losses should be recoverable.

Give them a call and I'm sure they will send out a claim form for you to complete.

Sorry but cannot lay my hands on their phone number right now.

Worth a call!!!

Andrew

[Anonymous]

Exactly the same happened to me a few years ago.  My car was parked on the roadside and was hit by a car swerving to avoid joyriders.  The car that hit mine was uninsured and ultimately the only recompence I got was a small bit of compensation from the MIB (Motor Insurers Bureau).  It took about two years to get this also!

In insurance speak "proximate cause" would say the joyriders were to blame and you should have claimed off the car that hit yours and they should subsequently have claimed damages from the joyriders.

See

 m http://www.1st-business-insurance.co.uk ... cause.html m  

for an explanation.  But as the car that hit you was uninsured you can't claim from them and as the joyriders scarpered (the proximate original cause) you can't claim off them.  So I don't hold out much hope of getting compensated from any other insurance company apart from your own (if you have full comp) or through the MIB.    s:( s:(

[dimwit]

Yep, my mrs was involved in a 5 car shunt at traffic lights, she was the last car to hit even though the accident happend prior to her going into the back of the 4th car, she was (insurance) billed for all the damage  s:x :x s:x

[Anonymous]

Just to add my two penneth worth folks......    s:roll: :roll: s:roll:  

If you're unlucky enough to be hit by the scum that are uninsured drivers    s:evil: :evil: s:evil:  , the MIB act as an insurer of last resort where there's no other insurance policy/company to claim from.  

In respect of the damage to your girlfriend's `2 - it's been covered by her policy with Elephant - job done!

The £460 quid excess is a loss that she's suffered at the hands of the aforementioned B@$*@DS and she can turn to the MIB for this!!   s:) s:)    The bad news is that the MIB have an excess of their own of £300 to avoid having to deal with 1000's of minor claims    s:( s:(     Net effect - there's £160 sat in the MIB's bank account that your girlfriend is entitled to    s:) s:)  

Now for a couple more golden nuggets.   s:) s:)    

If your girlfriend was injured - the MIB are there to deal with that too along with any other losses she has suffered as a result of the accident.  (That said they won't be able to help out with the effects (financial or otherwise) of her losing her NCD).  If I were you I wouldn't have any qualms about claiming from the MIB as their funds come from the insurance companies who get their money from the likes of you and me.  You've paid into the fund - now take your share of it!

If your girlfriend looks closely at her Elephant policy she'll find she has something called Legal Cover or ULR (uninsured loss recovery).  This is where the two-bob solicitors come back into the frame:  at very least they will give you the advice you need on how to claim from the MIB.  If you're insistent that you know what you're entitled to from them (and you are entitled to it) you should get them doing the work for you!!!    s8) s8)  

A few final thoughts:  
Don't spend the MIB money quite yet - it's going to a looooong time before your girlfriend gets her hands on it!   s:( s:(  
In fairness to Elephant - they've fulfilled their side of the bargain.  Perhaps no more than is absolutely required of them - but they've done what you paid them to do.   s:? :? s:?  
The only way to stop people running into you at traffic lights is not to stop at them.........  ever.

Enough of this - who's for a Guinness?    s:P s:P

[Comer]

Cheers R that info will be very useful.  Guinness Extra Cold please   s8) s8)

[Anonymous]

As far as I can see, the car behind hit you.  Is it not that simple.  You didn't hit theem.  Although it is ultimatly no their fault they still hit you.

Cannot see why the insurer will not claim from the person behind.

PS if you cannot get a phone number for elephant, it is run by Admiral in Wales, try ringing them