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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5381
Experience:  Solicitor
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My daughter 6 years ago she was 16 years old at the time

Customer Question

My daughter 6 years ago she was 16 years old at the time asked for my car keys so she could go back and sit in the car when we were shopping at the mall and she put the keys on to close the window and play the radio . Her handbag was accidentally hooked onto the handbrake and when she was taking it off it accidentally released the handbrake and the care went into motion it tolled back and hit the wall of the mall . My car insurance settled the wsllbdamage claim and are now seeking to recover £25k from me . Do l have any defence ?
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
I called the police and they attended the incident and took statements . They said they will not prosecute my daughter because we look to be a descent family and they believed it was an accident
Customer: replied 7 months ago.
The car rolled back and hit the shopping mall wall causing damage .
Expert:  Jamie-Law replied 7 months ago.

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

What was the £25k for, the wall?

Customer: replied 7 months ago.
it was for the repair costs paid for damage caused to the wall when the car rolled back
Expert:  Jamie-Law replied 7 months ago.

What basis are they saying the insurance is not valid?

Customer: replied 7 months ago.
The insurance was valid but they said they will not cover my daughter's accident because l should have been careful not to give her the keys when she wanted to go and sit in the car . Diamond insurance whom I had my policy paid for the third party damage to the building and they now want to recover this from me because I am liable for the damage cause by my daughter under parental responsibility but in my view it was not reasonably foreseeable that my daughter will cause this accident
Customer: replied 7 months ago.
My view is that it is not Reasonable or foreseeable that my daughter will cause this accident when I gave her the keys to sit in the car . She has never done anything like this.
Expert:  Jamie-Law replied 7 months ago.

is there a clause they are relying on which they say you have broken?

Customer: replied 7 months ago.
The only Clause in my policy is that they will not cover damage to my car caused by use of my vehicle by a family member without my consent .
There is no clause about liability to third parties not being covered
Customer: replied 7 months ago.
Please see attached policy conditions
Customer: replied 7 months ago.
I don't have funds for a live discussion sorry just reply via email
Expert:  Jamie-Law replied 7 months ago.

Ok - if there is no clause then they can not refuse you.

You need to write and make a formal written complaint.

They will investigate this and report back to you. If they do not uphold your complaint you can then complain to the Financial Ombudsman.

They offer a free, independent service at: www.financial-ombudsman.org.uk - they can look at it for free.

That should resolve it - but unless you have BROKEN the terms of the policy, they can't refuse to pay out.
Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Have you read the terms of my policy l attached did you see if there was a breach of any of the clauses . Will the doctrine of reasonableness and foreseeability provide me a defence as in the general exclusions it says they will not cover damage caused by family members unless they are named on the policy ?
Expert:  Jamie-Law replied 7 months ago.

I had a brief read but it is 60 pages and would take some hours for me to look through it in detail

Does that clarify?