Vehicle Accident

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Can a driver force another to claim?

QUESTION Hello Two vehicles are involved in a motor accident.  Insured 1 was reversing their vehicle and hit a parked and unoccupied vehicle belonging to Insured 2. Both vehicle owners have fully comprehensive...

IFSO Case Study

Business or displeasure?

The declined claim In June 2023, Graham’s* vehicle broke down on the motorway and was then hit from behind by another vehicle.  Graham made a claim to his insurer, but the insurer declined the claim and avoided the ...

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Hose clamp causes chaos

QUESTION... A client had a hose clamp come off an air hose causing the trailer to lose air pressure and the brakes to jam on causing the tyres to lock up and creating flat spots - 12 tyres were damaged. The relevant section of...

FSCL Case Study

Loose bolts cause dispute

Iris* works for a mining company that has a commercial motor vehicle insurance policy with the insurer. Iris regularly operates the company’s excavators. In August 2022, a mechanic came to the company’s site to repair...

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Reasonable care clash

Question: I have had a motor vehicle claim declined due to the driver breaching the reasonable care condition of the policy. The policy states - 2.4 Reasonable care The Insured must take all reasonable steps...

FSCL Case Study

Communication goes both ways

In December 2020, Mike* asked his insurance adviser to arrange cover for a new car (“car A”) under his business insurance policy. The adviser replied asking Mike to confirm some details. Mike did not reply to the email, but...

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Liability for third party vehicle

QUESTION: Our client's vehicle hit a third party (no dispute —it was our client at fault). Our client's policy excluded U25's and an U25 was driving, so our client is liable for the third party damage....

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Garage door claim

QUESTION:   A garage door was damaged when a third party accidentally drove into it. The owner of the damaged property is a limited liability company. The third party was driving the company director's...

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Car crash claim

QUESTION: My client is insistent that their full cover should cover the damage to their other vehicle, (which has TPFT) when they reversed the fully covered vehicle into the one with TPFT (which was stationery). The insurer...

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What does ‘normally carried’ mean?

Question: One of our insureds had their business vehicle stolen. There were some personal items in the vehicle that were stolen with the vehicle. The vehicle portion of the claim has been settled. Due to the high excess on...

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