Insurance liability query

[mahking51]

Hi All,

A bit of a traumatic day . Driving back from an auction at Blackbushe through Hook when a large dog ran out of a property entrance straight under my vehicle. Dog was very badly injured, owner in hysterics as was driver of following car. Looks like the property gate had been temporarily removed for construction vehicle access.
There was a vet following in the traffic and we got a vet ambulance within 5 mins by which time the dog seemed to have perked up a bit but still very badly hurt, heartbreaking to see. Owner said that she was insured and said that there was no way it was my fault as did following driver. Exchanged details etc.

My vehicle badly damaged, leaking water but was able to limp home with a pal in convoy. I guess about £2k to fix, new bumper radiator aircon fans lamps grille etc etc.

I have a comprehensive motor trade policy with a £200 excess and 6 years no claim bonus. Never had any kind of claim at all in 20+ years.

Informed police as a matter of form, no problem.

Contacted my broker to see the way to proceed only to be told that almost certainly they would not pursue a claim against the dog owners insurance and that I must make a claim on my own policy to get the car repaired. I was astounded to say the least. I admit that the guy I talked to did not sound too sure of his ground and am waiting until tomorrow to speak to a supervisor.

Can anyone here please shed any light on the way this should go?

It is my understanding that my insurers should let me get an estimate from their approved repairers and OK the go ahead while they sort this out with the householders/dog owners insurers. If my insurers get full restitution then there should be no liability for me. Or am I way wrong here?
regards
martin
(only realising hours later how much this has upset me!)

 

[Newbie_Neil]

Hi Martin

Sorry to hear about your accident, it must have been terrible for everyone involved.

I would expect your insurance company to sort out your damage and then to claim against the dog owners' insurance.

Cheers
Neil

 

[woodbloke]

Newbie Neil wrote:

I would expect your insurance company to sort out your damage and then to claim against the dog owners' insurance.

Martin - very sorry to hear about the accident, I read this the same as Neil but am no expert in this area - Rob

 

[RogerS]

First off, Martin..can I say how much I feel for you. These sort of things are never welcome and I hope that you recover from the trauma as quickly as possible.

Quick bit of advice....don't feel tempted to go into the workshop! You'll probably find your attention wandering back to todays events and that's when accidents can happen..apologies for sucking eggs etc.

Now to your insurance question. I am not sure that you need go anywhere near your own insurance policy. You should, I think, be able to claim off the householders insurance..not your own.

As far as the bloke behind is concerned...I am assuming that he hit your car in the rear...again the onus is 100% on him and his policy.,,and again nothing to do with your own policy.

Which Consumers Association do offer a subscription legal service at about £7.75 a month and do cover these sorts of issues IIRC...why not contact them ...I did and got some free advice to boot.

Have a couple of stiff drinks!

Good luck

Roger

 

[ike]

Martin,

You enter your claim to your insurer - you get your car fixed- end of story. Your insurer and the dogowners insurer negotiate. Assuming it goes your way, the claim is resolved as 'no fault' on your claims record and therefore does not count against your NCD, NCD protection or future premium. You don't need to worry - go get that drink as advised!

cheers,

Ike

 

[mahking51]

Roger,
There was no involvement with the car behind, she just saw the poor dog coming out the back.
How would I go about your method of procedure? Just write to the company?
May well give Which a call.

Ike,
that is how I read it but am concerned when my insurers said over he phone that they doubted that they would get anywhere with the dog owners company; very negative attitude to say the least!

Thanks Guys
martin

 

[Waka]

Martin

Sorry to hear about the dog episode, I take it that you are ok?

Can't help you on the insurance front a, although I think Ike has nailed it on the head.

 

[mahking51]

Waka
Yeah I'm fine but this evening I feel very low, keep re running it in my head like a tape loop, Cumquats feeling.
Martin

 

[Noel]

Martin, I presume you have details of the dog owner's insurance? If not then name and address of the dog owner. I can't see there is any need to even involve your own insurance company. After all it was not your fault. Simply send a notice to the dog owner / their insurer that you expect them to cover your costs. Why ruin your no claims policy?
A couple of years back a milk float reversed into my wife's car. I rang the milk company and got their insurance details. Rang the insurer and told them to get an assessor around asap. They asked me who my insurance company was, I told them that it was none of their business. The assessor came around and I got a cheque a fortnight later.
My main point is to be proactive and not to take any nonsense.
Hope you are well.

Noel

 

[RogerS]

Martin...your claim is with the dog owner and so you would contact them...after you had a quote(s) for the damage done to your car. It would be up to them whether they wished to pay for it directly or claim on their insurance policy (public liability bit, I think)/

 

[mahking51]

Hi All
Update with some good news - the dog owner 'phoned me today to say that amazingly the dog (choc lab) is going home tomorrow - not a single bone broken! Huge amount of bruising and badly damaged front paw. They reckon because he was so fat it helped some! Hope for me yet then :lol:
I am now intouch with her insurers and getting estimates for repairs, we'll see how it goes.
regards
martin

 

[Taffy Turner]

Martin,

That is wonderful news - hopefully you will sleep easier now knowing that the dog is going to be OK.

Hope you get the insurance sorted out to your satisfaction.

Regards

Gary

 

[sliver]

All the best Martin, hope all goes well.

cheers, sliver.

 

[devonwoody]

Nice to hear both parties are picking up.

The problem with going direct to the dog owners insurance is that if they find a let out, you will then be in trouble with your own insurance company, they could even refuse to entertain a claim because you handled it yourself in the first place.

So I would go with my own insurance company and let them do what they are used to doing :twisted:

That way you cannot lose,.on the claim front.
Do you not have a protected NCB ?

Old insurance man is my experience.

 

[mahking51]

DW
I hear what you are saying but I have little if any confidence that my insurers will push for the pet insurance to settle; seems its easier for them to pay me on my comp policy and nail me for my excess and lose my NCD.
Why should they object to my going the direct route to my advantage?
regards
martin

 

[RogerS]

Martin

I'm with you on this one as well...can't see why the insurance company should kick up downline.

Roger

 

[Nigel]

Martin
So glad to hear things are not as bad as first thought
from my limited experience with car insurance you are under an obligation to inform them of any accident regardless of fault
if you are going to pursue the claim yourself then you must stress to your insurer that you have notified them only or they will put this down to a claim regardless of any payout on there behalf and that will affect your NCD DAMHIKT
Nigel

 

[devonwoody]

Martin, you nearly always have to fight to get your excess back from the third party. Very rarely have I known any joy in that direction with your own insurers, thats what excess is all about.
If you suffer a loss going the route of using your own motor insurance you can then pursue the other side (dog owner) for your unrecovered losses! So you get the best of both worlds.

How do you know if the pet insurance premium was even paid on time, etc.etc.
But its your decision and now. Best of luck.

 

[Sailor]

Hi,

We just happen to have motor insurance with three differing Companies and I've checked all three.
They ALL require notification of an incident, even if there's no claim pending.

When my Wife was involved in an incident, (a horse kidded her car, side on,) she claimed on her insurance, who claimed off the horse-owners insurance and then used to AA legal service to claim again for her losses which weren't covered by the policy - out of pocket expenses etc - there was no effect on her NCB or premium, even though at the time, she didn't have a protected policy.

Hope all goes well,

Colin