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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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A young girl ran into the side of my car while I was driving.

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A young girl ran into the side of my car while I was driving. She was uninjured and there was no damage to my vehicle. I reported the incident to my insurance company. They have contacted the girl's family and asked if they are going to make a claim. They have said, "No". My insurance company have now contacted me and said that they will contact the family again and invite them to make a claim, as 9 out of 10 of these incidents results in a Personal Injury Claim and it's cheaper to deal with it now than, in say 18 months time, if they decide to make a claim. This would obviously affect my No Claims Discount but seems a morally and ethically unfair way to act. Can they do this or can I instruct them not to contact the family again?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hello is there anything in the policy which says they can do that?
Customer: replied 11 months ago.
Not that I'm aware of.
Expert:  Jo C. replied 11 months ago.
There isn't any reason they can't do this I'm afraid. The insurance company are liable on your behalf and they can pursue the claim and deal with it as they see fit. If there is a claim then it will impact I'm afraid but they cannot be prevented from disposing of this as they wish for that reason. Sorry if that is bad news. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
The fact is that there is NO claim but my insurance company are trying to start one. That's the concern I have.
Expert:  Jo C. replied 11 months ago.
Yes, I understand.It is as I've said. They are liable and they can dispose of it as they wish.
Customer: replied 11 months ago.
Sorry, I'm not trying to be pedantic but you said, "The insurance company are liable on your behalf and they can pursue the claim and deal with it as they see fit." The fact remains that there isn't a claim and so there isn't anything for them to deal with. They want to make it a claim which is what I think is wrong. If they're allowed to do this, then I understand your response fully.
Expert:  Jo C. replied 11 months ago.
Yes, I do understand. Insurance companies can quite often act at variance with your interests. I'm afraid they are allowed to do that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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Customer: replied 11 months ago.
OK, thanks for your help.
Expert:  Jo C. replied 11 months ago.
No problem. All the best.

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