Motor Insurance Claims

Motor Accident Claims Advice - what to do if you have a motor accident

In order to get your claim started as soon as possible, we recommend reporting your claim directly to the insurance company on their 24 hour claims number which is detailed on your policy. alternatively please click here for our insurer 24 hour claims numbers.

Motor_Accident_Claim_Form.rtf

1. Report the incident to the police if anyone is injured, or if the accident has caused a hazard or if the third party left the scene without stopping or exchanging details.

2. Exchange details of your name, address, vehicle registration number, house and mobile telephone numbers and if possible your insurance details

3. If possible, take a photograph of the damage to all the vehicles involved (try and include the registration number in the photograph)

4. If possible, take a photograph of the accident scene (showing the road markings if possible)

5. Note the registration number of all vehicles at the scene including details of the model, make and colour

6. Get details of the names, addresses and registration number of any witnesses to the accident.

5. Notify us of the claim (or ring your insurers on their 24 hour helpline)

6. Let us know if there has been any injuries, in order that we may appoint a solicitor to make a claim for compensation for the injury and recover any other uninsured losses (if appropriate)

7. If you have any queries, please ring us on 0116 284 6090 for advice

accident_checklist_for_car.pdf
Download a checklist of "What to do in an accident", produced by "Whatcar?", Britain's biggest and best car buyer's guide, which can be useful to print off and keep in your vehicles together with a notebook and pen.

Click here for the Insurance guide on Motor Insurance from the British Insurance Brokers' Association

Motor Theft Claims Advice

1. If your vehicle has been stolen, please notify the Policy immediately and obtain a Crime Reference Number.

2. Please complete a claim form and submit it to us or ring the insurers directly and report it to them

3. If the vehicle has not been recovered in 7 days, please forward the following documents to us, to help the insurers value the vehicle:-

Vehicle Registration Document
MOT certificate (if applicable)
Any Hire Purchase or Leasing Documents
Any documents that show the service history
Any receipts for any accessories fitted to the vehicle
The keys for the vehicle

If the vehicle is stolen and not recovered, there is usually a waiting period of approximately 6 weeks before the insurers declare the stolen vehicle a total loss.

The offer of settlement is based upon the market value of the vehicle prior to the theft.

Thefts from the Motor Vehicle

if you have had a theft of audio equipment or accessories from the vehicle:-

Notify the Policy and obtain a crime reference number
Complete a claim form and forward it to us as soon as possible

Useful Information:- Click here for advice from the Directgov web site regarding what to do if your vehicle is stolen

Insurance_Fraud_Bureau_Consumer_Advice.pdf Advice from the Insurance Fraud Bureau on "Cash for Crash" scams

Insurance Fraud Bureau

Theft Claims - Most motor insurance policies contain an exclusion clause excluding theft cover where keys have been left in a car.

Theft of car with car keys
Claie Collinson Legal advise:-

"A number of different types of argument arise, depending on the circumstances of the case:

Interpretation disputes - if a theft occurs and it is accepted that the insured left the keys in the car, whether or not the repudiation is correct depends on the interpretation of the clause. The courts take a fairly strict view. In Hayward v Norwich Union (2001) the Court of Appeal upheld a repudiation where a Porsche had been stolen from a petrol station when the keys had been in the ignition, but the car had been in sight of the owner at all times. The court decided that the keys had still "been left" in the car. In a situation like this, it may be worth taking a case to the FOS as they will look at the overall fairness of the situation including where the car was when it was stolen, whether the insured was close enough to deter a theft and any reasons why the insured left the keys in the car.

Factual disputes - Insurers may repudiate a claim on the basis of an argument that the vehicle in question was a sophisticated vehicle and the manufacturer has stated that the vehicle could not be stolen without a key and therefore the most likely explanation is that a key was left in the car. This is often in a situation where the insured can only produce one set of keys. The legal position in these cases is to consider what the most likely explanation is "on the balance of probabilities". Therefore, it is important to collect as much evidence as possible to support the claim on issues such as where any missing keys are or could be, the opinion of the police on the possible causes of the theft and any industry input into the possibility of theft without a key.

"What is a key" disputes - these claims arise where an insurer repudiates on the basis that a service key or emergency key has been left in the vehicle. Insurers say that the vehicle could have been started with one of these keys yet often the insured may never have seen or used such a key. In these cases it is important to get evidence from the manufacturer as to exactly what these keys could do - if they could not start the car if it had been locked with a fob key, for example, there is a good argument that they should not be considered to be a "key" under the exclusion, making the repudiation invalid."

If you want advice regarding a theft claim where the keys have been left in the vehicle, or would like legal advice from Claire Collinson Legal on challenging the repudiation of this type of claim, please do not hesitate to contact us.