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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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My son has a claim against his motor insurance policy

Resolved Question:

My son has a claim against his motor insurance policy for damaging a neighbours wall , the claim is in progress but his policy is up for renewal in 20 days. The new premium (which has taken into account the in progress claim) has increased by a huge £2,000. His previous premium was £600 and the repair to the wall is quoted at £1400.
He has on line renewal quotes of around £600 , he has declared the in progress claim.
My question is, can he change insurers at renewal time in order to get an affordable premium even though this claim is still in progress.?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, he can. He will have to declare this claim and it will probably have an adverse affect upon quotes but he is not under a duty to stay with this insurer just because there is a claim pending.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

That is very clear thank you .

This is related but in fairness to you is a separate question so I am happy to pay more if required.

In relation to the claim (my son's car rolled off our drive un attended and damaged the brand new wall of my neighbour) , as the neighbour has insisted on completely rebuilding the wall (cost £1400) we had to go via insurance . I am worried that the insurers may take the view that the wall is repairable (which I believe it is) and not fund the total rebuild. Would I then be liable to pay my neighbour the difference?

Kind regards

Phil

Expert:  Jo C. replied 2 years ago.
You wouldn't be liable. Your son would in theory. It is pretty rare that anybody sues the driver for the difference. Usually they accept the insurance offer.
If they are of the view that the wall is repairable though then a court should uphold that as he should not benefit from a civil wrong.
Customer: replied 2 years ago.

Many thanks , that is very helpful indeed

Kind Regards

Phil

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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