Do insurance companys pay out for non accidental collisions?

[Sara_H]

I was knocked off my bike in a deliberate hit and run six weeks ago. Minor injuries to me (one of which is a dodgy knee that is still giving me problems and having a fairly major impact) and a few hundred pounds worth of damage to my bike, clothes etc.

The driver has been charged and is currently on remand waiting to go to court.

My question is, do insurance companys pay out if the damage was the result of a deliberate criminal act rather than negligence or an accident?

 

[Paul99]

The car insurance company are legally obligated to pay out to the third party (you).

 

[Cycleops]

I would have thought so, an accident is an accident. You need to contact the police who should be able to give you the guys insurance details. Write to his insurers with the full story together with reference number or whatever from the police. If he's on remand that sounds a bit serious. You might need to engage a specialist claims lawyer on "no win no fee" basis. I am sure someone else on here has been through something similar and can better advise you.

 

[Sara_H]

The car insurance company are legally obligated to pay out to the third party (you).

I would have thought so, an accident is an accident. You need to contact the police who should be able to give you the guys insurance details. Write to his insurers with the full story together with reference number or whatever from the police. If he's on remand that sounds a bit serious. You might need to engage a specialist claims lawyer on "no win no fee" basis. I am sure someone else on here has been through something similar and can better advise you.

Thank you both. I guess thats my point Cycleops, it wasn't an accident, I've been worrying that there may be some legal thing that insurance doesn't cause damage caused by the driver using their vehicle as a weapon.
I have a solicitor through my CTC cover. Obviously the driver hadn't notified his insurance company of what had happened, my solicitor says the insurance comany now have 3 months to consider their position.

 

[Ganymede]

Sara_H, I'm so glad they've caught the evil miscreant. You might have reported this elsewhere and I missed it - but I do wish you well and hope he gets banged up good and proper.

 

[byegad]

If they don't pay out then the uninsured drivers fund or criminal injuries compensation fund will cough up.

 

[Paul99]

Thank you both. I guess thats my point Cycleops, it wasn't an accident, I've been worrying that there may be some legal thing that insurance doesn't cause damage caused by the driver using their vehicle as a weapon.
I have a solicitor through my CTC cover. Obviously the driver hadn't notified his insurance company of what had happened, my solicitor says the insurance comany now have 3 months to consider their position.

I see your worry in that most policies don't cover the insured for a deliberate act, however they are actually covering you and not the insured here, that is why the RTA makes TP a legal requirement. That get out clause is usually to stop somebody driving their car into a wall so they can get a new car etc. The insurer would have a right to persue the insured for the money afterwards.
I wouldn't worry too much about it, let your solicitor deal with it. I'm sure you'll get paid by his insurer.

 

[ufkacbln]

You would be surprised just how much cover YOU have.

Your Household Insurance may have legal cover, as may any Union Membership, membership of cycle organisations, or other insurance policies.

It may be worthwhile making a few calls

 

[Vapin' Joe]

You will definately be covered, no need to worry.

 

[Drago]

There's a fair bit of civil case law on this, and I suspect the insurers are still liable for their client. Best to be sure though and speak to a solicitor qualified in the field.

 

[fossyant]

You've probably got a better case with the driver being charged. The insurance should accept the legal decision.

 

[Vapin' Joe]

The insurers are liable for any damage their client causes, whether deliberate or not.

 

[growingvegetables]

My understanding (eeek - do you really want to trust that?)

- You are the third party - YOU are covered, whether the act is deliberate or not.
- The driver may NOT be covered - in which case I guess the insurance company pay you, and may seek to reclaim that from the driver.

This kind of confirms it - http://www.digbybrown.co.uk/site/su...e_for_the_deliberate_criminal_acts_of_drivers. It also confirms that insurance companies may well use whatever wiggle room they think they have to get out of paying?

 

[jarlrmai]

I would get a claims lawyer given the situation a deliberate criminal act carries a different psychological impact than an "accident."

Contact the CTC.

 

[Ern1e]

just to add my bit I would contact your home insurance company and find out if they can help,a family friend had an incident with a police van a little while ago and his insurance people just did have a good old go at them,getting 5 grand for injuries and repairs to bike ! so give them a shot first even if you have to pay an access you should be able to claim that back oh and also glad you where not to seriously injured.