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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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my partners car was hit by another car in asda car park the

Customer Question

my partner's car was hit by another car in asda car park the other driver drove off , but we got the details and had a witness, through the police we tracked the other driver and his details we sent to our insurance company SWIFT. after months of hearing nothing our insurance company told us that the driver was disputing liability and that our witness was fed up with being contacted and wanted no more part in the claim therefore leaving it as a knock for knock claim! as our excess is £250.00 as i can get the car repaired a lot cheaper we decided not to claim. now the is policy is up for renewal and Swift cover refuse to insure my partner and other insurers also refuse to insure. also they refuse to pass on our proof of no claims how can this be?
regards Alan
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

On what basis are they refusing to insure your partner please?
Customer: replied 4 years ago.

on their letter they give no reason just they cannot help with insurance cover this year but when my partner rang them see was told un officially that it was because of the claim.

Expert:  Jo C. replied 4 years ago.

Unfortunately, you put a claim through your own insurance company, but the claim was not upheld.
It would be different if you had an accident, but did not claim but simply reported it to the insurance company as you are under a duty to do for information only.

Even if the accident did not prove to be your fault, you actually have a no claim bonus not a no fault bonus. That means that if you put a claim through your policy which is subsequently settled in your favour, even though it was not your fault, you still have a claim on your record and most insurance companies will knock you down one peg on the bonus scale.

In this particular case, however, although a claim went through the insurance company it appears that it was settled knock for knock and therefore, there was no loss to your insurer save from any administration costs, they had internally.

Having said all that, they cannot refuse to send you proof of bonus although they can refuse to insure you.

I would tell them in writing that if you do not have proof of bonus by the end of this week, you will refer the matter without further correspondence straight to the Financial Ombudsman. You can do so here

To avoid any delay, I actually would not wait until Friday, but I would make the complaint to the Financial Ombudsman now so that a file is opened. The Financial Ombudsman could take 12 months to resolve this, and meanwhile you will have to shop around for another insurer and possibly pay a higher premium, certainly in the short term.

There is a further complaint to be made and that is with regard to the witness and the way the witness was dealt with. There was no need for the witness to be contacted more than once, and that just to provide a written statement in the appropriate format sufficient for the court if ever it got that far. It is that conduct in presumably continually contacting the witness that has caused this problem

Can I clarify anything for you?