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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had a motorcycle on a third party transport vehicle and it

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I had a motorcycle on a third party transport vehicle and it fell off whilst stationary. I was advised to report this to my insurance company, but subsequent proposals have no way to record this and the agents are forced to put it down as an accident. I don't think this constitutes a road traffic accident and should never have been reported as such. I want to get it removed from my insurance records as it is solely a third party liability issue and as such should not be considered as a risk against myself or the vehicle type. I am suffering raised premiums as it is recorded against me and my vehicle, which is why I want it removed. I am considering legal advise against both insurance companies for bad advise and subsequent losses from that advise and one of the avenues I am also considering it taking it to the insurance ombudsman. Please can I have your views?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clairfy that the bike was being transported by a company on your behalf please?
What was the reason it was being transported?
Why did it fall off? Was it not secured properly?
Customer: replied 2 years ago.

The vehicle had broken down and the recovery company had loaded the vehicle onto their transporter, a flatbed lorry. The transport driver then made an error and released the securing clamps and the vehicle fell onto the transporter floor causing damage. Liability was accepted and the repairs were paid for by the liability insurance of the transport company, which I think strengthens my case, as it was not paid under a motor vehicle policy.

Expert:  Joshua replied 2 years ago.
Many thanks. Is it the insurer you presently insure with that noted the incident as an accident or have you since changed policies?Lastly from what you say no financial claim was ever made against yout policy but the matter was settled by the transport insurance company?
Customer: replied 2 years ago.

I have changed policies now, as the new premium was too expensive and they would not give valid reasons for the rise. I have not made any financial claim against the previous policy, they termed the report as "information only"

I am currently seeking vehicle hire charges from the transport company and using the legal expenses cover of the original policy, which is an out sourcing arrangement to another law firm. I had originally included a sum of money to offset premium increases in that claim, but the law firm said that was not permissible, as this claim should not effect my premiums, but this report suggests otherwise http://www.theguardian.com/money/2014/apr/16/no-fault-claims-car-insurance-aa . But, as the lawyers have done nothing more that forward the claim details on, I am also considering dismissing them, as I have been speaking directly with the third party handler to expedite the claim myself.

Expert:  Joshua replied 2 years ago.
Thank you. This situation seems bizarre. This was not a road traffic accident at all -from what you say it is property damage owing to negligence of the transposrt company. It need not have been reported to your insurance company on the basis that it was not a situation in which you could have been claimed against. However if you did report the incident it appears to have been incorrectly recorded as a no fault accident which would appear to be incorrect.You will need to deal with the insurer that recorded the incident. The first step is to write to that insurer referring them to the incident, setting out the facts and advising that the incident was not a road traffic accident but was property damage caused to your bike by third party negligence in failing to secure it to the transporter properly. Accordingly you can ask them to remove the incident as a no fault claim as no claim as been made against your insurance nor will a claim be made against your insurance.However I note that you are pursuing a claim against the third party using your legal expenses cover. Often what insurers do is where an accident has occured they will record the incident and leave it open until the matter is closed. If no claim is made then that fact is recorded and there should be impact on your premium. However my suspicion is that because you are seeking a claim against the third party they have likely not marked the issue as closed and as such it is impacting your premium though this issue should resolve itself once the claim is resolved with the third party.If you are not satisifed with the insurers response to your above email or letter you can escalate to a formal complaint and if still not satisifed you can refer your complaint to the Financial Ombudsman Service free of charge which can independently review your complaint and f they find in your favour instruct the insurer to amend its records and order compensation. Their decision is binding on the insurer though not on you.http://www.financial-ombudsman.org.uk/consumer/complaints.htmI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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