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Pothole - Council want insurance "letter of interest"
/dev/null
post Sun, 11 Feb 2018 - 19:23
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I hit a pothole back at the beginning of January which shredded two of my tyres. I sent my claim in to the local authority, now after a month they have replied saying they want a "letter of interest" from my insurance company to state that I am not claiming from them too. My insurance is online only and it's being a bit of a pain to get this - I've not claimed anything and have no intention of wasting my 5 years no claims bonus on a few hundred quid of tyres.

Is this normal for the council to ask for a letter from the insurance company? Or should I just write back saying I'm not claiming, and I will take it to court if they refuse to process the claim?
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post Sun, 11 Feb 2018 - 19:23
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DancingDad
post Wed, 14 Feb 2018 - 13:38
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Should be all evidence you need to secure compensation.

Now find a way to get around the condition they put on processing the claim.
Have you spoke to them about options yet ?
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Churchmouse
post Wed, 14 Feb 2018 - 23:08
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QUOTE (/dev/null @ Mon, 12 Feb 2018 - 12:05) *
If I claim then not only will I have to pay my excess, lose my no claims, and be hit with an increased premium next year. My insurance costs me a fortune anyway, so with all that added in, it's definitely not worth it. Yet I'm still a few hundred pounds of of pocket because they don't bother maintaining the roads properly.

Let's try this again. dry.gif

What makes you think that if you "claim" via your insurer against the council, and the council pays, that you will lose your excess and NCB? (I can see the "increased premium" bit has caused massive confusion, so just ignore that for the moment.)

It's only if you somehow accept that your insurer repairs your vehicle under the terms of your own policy that those things will happen.

Now, as the peanut gallery has so tediously pointed out, yes, any reported incident (regardless of fault) may have the effect of changing your "risk profile" and, thus, result in an increased renewal premium. The reasons for this are controversial, but well known. However, because most insurance policies require the disclosure of any such incidents at renewal time (regardless of fault or claim status), this unfortunate effect is unavoidable (unless you intend to commit insurance fraud, of course). But this is not the same thing as the insurance premium increase that applies following the settlement of an at-fault claim (which was what I was referring to in my previous post). That premium increase will hurt--and then they add on the "changed risk profile" increase on top of it!

So again, why do you not want your insurance company to deal with this?

--Churchmouse
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cp8759
post Thu, 15 Feb 2018 - 00:57
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QUOTE (/dev/null @ Wed, 14 Feb 2018 - 13:26) *
The street in question was inspected back in October and the condition was noted as "bad" (discovered from an FOI request). Yet they failed to do anything about it - the only repair done was after they received the report of damage to vehicles. Given that they were aware the condition was bad, I intend to argue that they were negligent in that nothing was done off the back of this report.

With that evidence the logical next step is a formal letter before action, that should up the ante a bit. They cannot force you to go through your insurance if you chose not to (assuming you have comprehensive cover in the first place).
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4101
post Thu, 15 Feb 2018 - 01:34
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In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.


"The principles laid down are clear. In order for a plaintiff to succeed against a highway authority in a claim for personal injury for failure to maintain or repair the highway, the plaintiff must prove that
a) the highway was in such a condition that it was dangerous to traffic or pedestrians in the sense that, in the ordinary course of human affairs, danger may reasonably have been anticipated from its continued use by the public;
b) the dangerous condition was created by the failure to maintain or repair the highway; and
c) the injury or damage resulted from such a failure. Only if the plaintiff proves these facta probanda does it become necessary to turn to the highway authority's reliance on the special defence under section 58(1)."
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/dev/null
post Thu, 15 Feb 2018 - 08:12
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QUOTE (Churchmouse @ Wed, 14 Feb 2018 - 23:08) *
QUOTE (/dev/null @ Mon, 12 Feb 2018 - 12:05) *
If I claim then not only will I have to pay my excess, lose my no claims, and be hit with an increased premium next year. My insurance costs me a fortune anyway, so with all that added in, it's definitely not worth it. Yet I'm still a few hundred pounds of of pocket because they don't bother maintaining the roads properly.

Let's try this again. dry.gif

What makes you think that if you "claim" via your insurer against the council, and the council pays, that you will lose your excess and NCB? (I can see the "increased premium" bit has caused massive confusion, so just ignore that for the moment.)

It's only if you somehow accept that your insurer repairs your vehicle under the terms of your own policy that those things will happen.

Now, as the peanut gallery has so tediously pointed out, yes, any reported incident (regardless of fault) may have the effect of changing your "risk profile" and, thus, result in an increased renewal premium. The reasons for this are controversial, but well known. However, because most insurance policies require the disclosure of any such incidents at renewal time (regardless of fault or claim status), this unfortunate effect is unavoidable (unless you intend to commit insurance fraud, of course). But this is not the same thing as the insurance premium increase that applies following the settlement of an at-fault claim (which was what I was referring to in my previous post). That premium increase will hurt--and then they add on the "changed risk profile" increase on top of it!

So again, why do you not want your insurance company to deal with this?

--Churchmouse


Ok - my bad on the excess and NCB. However from experience in the past of a no fault claim (for only around £500) lead to a significant increase the following year, not just with the company I was with at the time, but also across the price comparison sites. I did the quotes with and without the claim, and noticed a significant difference each time. So given that I am likely to be negatively impacted by having it against my insurance record (and I'm not willing to commit insurance fraud to stop that) I wish to pursue with the council first as they have a claims process for this and if I go through that then I don't even have to declare it on my renewal. Yes, it's a bit more leg work, however in the long run it's likely to save me money, especially given you have to disclose 5 years of claims history.
I agree the increase in premium is not going to be the same as an at-fault claim, however there is still very likely to be an increase - so I want to eliminate that.
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cp8759
post Thu, 15 Feb 2018 - 10:36
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QUOTE (/dev/null @ Thu, 15 Feb 2018 - 08:12) *
Ok - my bad on the excess and NCB. However from experience in the past of a no fault claim (for only around £500) lead to a significant increase the following year, not just with the company I was with at the time, but also across the price comparison sites. I did the quotes with and without the claim, and noticed a significant difference each time. So given that I am likely to be negatively impacted by having it against my insurance record (and I'm not willing to commit insurance fraud to stop that) I wish to pursue with the council first as they have a claims process for this and if I go through that then I don't even have to declare it on my renewal. Yes, it's a bit more leg work, however in the long run it's likely to save me money, especially given you have to disclose 5 years of claims history.
I agree the increase in premium is not going to be the same as an at-fault claim, however there is still very likely to be an increase - so I want to eliminate that.

Have you tried calling Adrian Flux? I find they can beat the online comparison sites by over 50%.
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/dev/null
post Thu, 15 Feb 2018 - 11:48
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I tried years ago, but not since. I've no idea why my insurance is so high - I have 5 years no claims, clean licence, no convictions etc. Our area isn't high crime etc. yet it was only quotemehappy that was under £1000 a year (paid annually). Car is a reasonable one (A4 3.0 Tdi) but I'm still 31, so it's not like I'm a kid driving it around.

This post has been edited by /dev/null: Thu, 15 Feb 2018 - 11:48
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