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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am having a battle with my insurance company following

Resolved Question:

Good afternoon,
I am having a battle with my insurance company for the following claim...
My car started to smoke under the bonnet shortly after leaving with my partner from her cottage on her employers grounds. We returned to switch cars as I assumed it was residual oil from a recent leak that I had professionally repaired.
I parked the car next to the households barn and near their father in laws car. The smoke got worse and fire took hold and the car burnt out also damaging the paintwork on the metal barn, light sensors and guttering on the barn and warping some of the metalwork due to the heat. The father in laws' car also received superficial damage.
I am comprehensively insured and the company have agreed to settle the claim for my car but refuse to pay for the barn or the other car as they say I was not negligent and therefore not legally liable for the damage.
This is highly embarrassing to me as I believe that my car caused the damage so my insurance should pay.
Please advise.
Kind regards,
Finbarr Madden
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you.

The insurance are saying it was a mechanical fault, is that right?

Alex

Customer: replied 10 months ago.
Hello Alex,
Thank you for getting in touch.
The insurers are simply saying that the cause of the damage is not known and will not have and it is likely an electrical fault (still unproven) and therefore it cannot be established that I was negligent therefore I have no legal liability for the damage. this in their eyes it is not covered in the policy.
Expert:  Ash replied 10 months ago.

What does your insurance policy say about this please?

Customer: replied 10 months ago.
Excerpt from insurance policy titled, 'Your Liability'.....We will insure you for all amounts which you may have to pay
as a result of you being legally liable for:
1. Another person’s death or injury.
2. Damage to another person’s property up to a maximum
amount of that shown in your schedule (excluding that
person’s costs and expenses and any other costs and
expenses) and up to the amount shown in your schedule
for that person’s costs and expenses and any other costs
and expenses incurred with our written consent in relation
to damage to that person’s property as a result of an
accident caused by:
• Your car;
• Any trailer while it is being towed by your car.
Driving other cars
We will insure you whilst you are driving any other car within
Great Britain, Northern Ireland, the Channel Islands and the
Isle of Man providing:
1. The car does not belong to you or is not hired to you under
a hire purchase agreement.
2. You are driving the car with the owner’s express consent.
3. You still have your car and it has not been damaged
beyond cost effective repair.
4. You are aged 25 or above, at inception or last renewal
of this policy.
5. Your certificate of motor insurance indicates that you
can drive such a vehicle.
Important Note: the cover provided whilst you are driving
any other car is for Third Party only.
Liability of other persons driving or using your car
On the same basis that we insure you under this section,
we will also insure the following persons:
1. Any person you give permission to drive your car
provided that your certificate of motor insurance
allows that person to drive your car.
2. Any person you give permission to use (but not drive)
your car, but only whilst using it for social, domestic and
pleasure purposes.
3. Any passenger travelling in or getting into or out of your car.
4. The employer or business partner of the person using any
car for which cover is provided under this section while
the car is being used for business purposes, as long as
your certificate of motor insurance allows business use.
This does not apply if;
• The vehicle belongs to or is hired by such employer
or business partner;
• The insured is a corporate body or firm.Additional excerpt from Insurance policy schedule.....We will insure you for all amounts which you may have to pay
as a result of you being legally liable for:
1. Another person’s death or injury.
2. Damage to another person’s property up to a maximum
amount of that shown in your schedule (excluding that
person’s costs and expenses and any other costs and
expenses) and up to the amount shown in your schedule
for that person’s costs and expenses and any other costs
and expenses incurred with our written consent in relation
to damage to that person’s property as a result of an
accident caused by:
• Your car;
• Any trailer while it is being towed by your car.
Driving other cars
We will insure you whilst you are driving any other car within
Great Britain, Northern Ireland, the Channel Islands and the
Isle of Man providing:
1. The car does not belong to you or is not hired to you under
a hire purchase agreement.
2. You are driving the car with the owner’s express consent.
3. You still have your car and it has not been damaged
beyond cost effective repair.
4. You are aged 25 or above, at inception or last renewal
of this policy.
5. Your certificate of motor insurance indicates that you
can drive such a vehicle.
Important Note: the cover provided whilst you are driving
any other car is for Third Party only.
Liability of other persons driving or using your car
On the same basis that we insure you under this section,
we will also insure the following persons:
1. Any person you give permission to drive your car
provided that your certificate of motor insurance
allows that person to drive your car.
2. Any person you give permission to use (but not drive)
your car, but only whilst using it for social, domestic and
pleasure purposes.
3. Any passenger travelling in or getting into or out of your car.
4. The employer or business partner of the person using any
car for which cover is provided under this section while
the car is being used for business purposes, as long as
your certificate of motor insurance allows business use.
This does not apply if;
• The vehicle belongs to or is hired by such employer
or business partner;
• The insured is a corporate body or firm.
Expert:  Ash replied 10 months ago.

Ok - then it is covered.

Because it is can accident/damaged caused by - your car.

So it should be covered. If they refuse then you can complain to the Financial Ombudsman. That is an independent regulator that can examine your complaint for free at: www.financial-ombudsman.org.uk

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Alex,
Thank you very much for your help and I wish you a pleasant evening.Kind regards,Finbarr

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