Uninsured losses

[Ivor Conway]

A few years ago an HGV collided with my car in

France. My car could not be driven and was returned to UK by my insurer

for repair and insurance excess recovered as the accident was accepted

by the other party as not being my fault. However my considerable

uninsured losses -hiring a car to continue journey in France, returning

to UK by air (hired cars in France cannot be taken one-way to UK) ,

return journey to France to collect items which had to be left after

the accident. After a long drawn out case my UK insurance company now

states that uninsured losses are not recoverable in France under French

legislation so I have to bear the laoss of nearly £1000.00. It has

taken them a few years to finally advise me on this point. Is this

information correct? Any advice would be appreciated.

[NickP]

We had the same unfortunate experience when our car was written off in France. Difference was; that the insurance company Direct Line  and their breakdown service  hired us a French hire car, which we had to hand back at the Calais depot, travel on the ferry as foot passengers, then pick up another car in Dover. There were a few uninsured losses, taxi fares  another large case to carry all the loose bits and pieces that were in the car, for  which we did not get any compensation . The whole episode took at least a year to settle and I did get back my no claims bonus, when it was proved that the accident was no fault of mine. If you are really unhappy with the information from your insurance company, go to the the Insurance Ombudsman Bureau.

[kizpip]

[quote user="Ivor Conway"] After a long drawn out case my UK insurance company now

states that uninsured losses are not recoverable in France under French

legislation[/quote]

Totally disagree; of course they are recoverable if the accident was not your fault and you can give proof of legitimate expenses incurred as a direct result of the accident. However, it is not usually your insurers' responsibility to recover the uninsured losses for you and generally the claim must be made within 3 years of the accident.

I suggest that you write (preferably by recorded delevery) direct to the insurers of the other driver giving details of all your uninsured losses (and providing receipts where possible) stating that you hold their insured responsible and requesting reimbursement from them.

We had an accident in France several years ago. After recovering our insured losses from our UK insurance company (costs of repairs, etc), I wrote directly to the other driver's insurance agent (shown on the Accident Statement or available from your insurance co.) informing him of our uninsured losses (insurance excess, cost of medication, etc) and was refunded all items claimed within a month.

NickP: I suggest you do the same . . .

[nounours]

[quote user="kizpip"]  ......................I suggest that you write (preferably by recorded delevery) direct to the insurers of the other driver giving details of all your uninsured losses (and providing receipts where possible) stating that you hold their insured responsible and requesting reimbursement from them.

We had an accident in France several years ago. After recovering our insured losses from our UK insurance company (costs of repairs, etc), I wrote directly to the other driver's insurance agent (shown on the Accident Statement or available from your insurance co.) informing him of our uninsured losses (insurance excess, cost of medication, etc) and was refunded all items claimed within a month.


NickP: I suggest you do the same . . .

[/quote]

As French and UK insurance companies only usually deal with other insurance companies, otherwise anarchy would reign, you were very lucky to have got any reply let alone a cheque and within a month[:-))].  I think several years ago may be the clue as to why you got any answer at all. Surely the route for the OP is as already pointed out through his insurer and the ombudsman.

[kizpip]

I don't disagree at all with the insurance ombudsman route, nounours, and was just making a suggestion based on my experiences.

Your experience may lead you to believe that insurance companies only deal with each other, but from another personal experience, I beg to differ:

My parents suffered a fairly serious RTA in France two years ago (not the accident I previously mentioned). The insured losses were reimbursed by SAGA in the UK but they would do nothing to help recover my parents' uninsured losses and compensation for personal injuries (quite substantial). I contacted the other driver's insurers direct and succeeded in recovering these damages, with me acting on their behalf. In fact, they appointed an assessor who came to my home to discuss the matter. Anarchy didn't reign and, in fact, we got on rather well![;-)]

I suppose all I'm trying to get across to people is not to write such losses off altogether. If the other driver's insurers accept responsibility and the claim for reimbursement is reasonable and can be supported by documentation, there are no grounds for refusing to pay and insurers generally accept that.