Hastings Direct trying to recoup costs?

Convicted Driver Insurance

GGG

Well Known Member
Hi

After accident and failed breathtest, my insurance company hastings have phoned me today saying they are settling the claim with third party and will want there layout paying back by myself, from Reading threads on the forum I was under impression it was admiral group only who try to recoup costs. I've read my documents and there is nothing in there resembling what is in the Admiral policy, it just says third party only will be covered. Any advice would be much appreciated.
 
Colin G said:
Hi

After accident and failed breathtest, my insurance company hastings have phoned me today saying they are settling the claim with third party and will want there layout paying back by myself, from Reading threads on the forum I was under impression it was admiral group only who try to recoup costs. I've read my documents and there is nothing in there resembling what is in the Admiral policy, it just says third party only will be covered. Any advice would be much appreciated.
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If it's not in the policy that you accepted then they can kick rocks. Unless they sent a letter specifically stating that this term was going to be added to the terms of the policy before your incident.

Admiral group are the only ones that have it written into the policy specifically so they have the legal recourse to chase you. I would now look at getting legal advice, there's only so much the forum can do.
 
Colin G said:
Hi

After accident and failed breathtest, my insurance company hastings have phoned me today saying they are settling the claim with third party and will want there layout paying back by myself, from Reading threads on the forum I was under impression it was admiral group only who try to recoup costs. I've read my documents and there is nothing in there resembling what is in the Admiral policy, it just says third party only will be covered. Any advice would be much appreciated.
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I found this clause in the Hastings Direct Smart Miles policy. (The otherones seem to need you to have an account and log in to view)
“
4. Alcohol and drugs
You’re not covered if an accident happens while you or anyone entitled to drive under your current Certificate of Motor Insurance:
• Is found to be over the prescribed limit for alcohol in the country where the incident happens
• Is driving while unfit through alcohol, drugs or other substances, whether prescribed or not
• Doesn’t provide a sample of breath, blood or urine when required to do so, without lawful reason.”


I know they have to cover 3rd party costs by law, so whilst they do not specifically say that they will seek to recover those 3rd party costs from you they will be probably be relying on your negligence in drink driving causing them to suffer a loss as the basis for their claim.
This perhaps puts them ina worse position than Admiral Group who spell this out, so I would have to be tested in court.
It is the same principal as if you threw stones and damaged a window. You didn’t set out to cause damage but your negligence in throwing them towards a house means that you should have foreseen that you could break a window. On that basis you would be liable for the cost of repairing the window.

Perhaps you should seek legal advice on this. How much are they after?
 
price1367 said:
I found this clause in the Hastings Direct Smart Miles policy. (The otherones seem to need you to have an account and log in to view)
“
4. Alcohol and drugs
You’re not covered if an accident happens while you or anyone entitled to drive under your current Certificate of Motor Insurance:
• Is found to be over the prescribed limit for alcohol in the country where the incident happens
• Is driving while unfit through alcohol, drugs or other substances, whether prescribed or not
• Doesn’t provide a sample of breath, blood or urine when required to do so, without lawful reason.”


I know they have to cover 3rd party costs by law, so whilst they do not specifically say that they will seek to recover those 3rd party costs from you they will be probably be relying on your negligence in drink driving causing them to suffer a loss as the basis for their claim.
This perhaps puts them ina worse position than Admiral Group who spell this out, so I would have to be tested in court.
It is the same principal as if you threw stones and damaged a window. You didn’t set out to cause damage but your negligence in throwing them towards a house means that you should have foreseen that you could break a window. On that basis you would be liable for the cost of repairing the window.

Perhaps you should seek legal advice on this. How much are they after?
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Whiplash claim and damage to vehicle could be 20k
 
Colin G said:
Whiplash claim and damage to vehicle could be 20k
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They have said they are settling the tp and if I'm convicted they would void my policy, I told them I had already cancelled the policy but they said that doesn't matter they could still void it, I said how can you void something that's been cancelled, she said they could
 
well worth a chat with a solicitor if you are facing that size of claim.
I suppose there is nothing to stop them marking your policy is voided on their records, despite the policy having been cancelled by you.... It is their paperwork after all! BUT it has big implications for you going forward where yo7 wou”d have to declare it in future applications for insurance when yo7 can drive again, and for a number of years.
I suspect that it might be a threat to encourage you to offer to may their costs.

There is an insurance company that posts on here, https://www.forum.drinkdriving.org/members/a-plan-insurance.12050/
they may help with their opinion on your post if they see it, or you could send them a private message if they do not.
 
price1367 said:
well worth a chat with a solicitor if you are facing that size of claim.
I suppose there is nothing to stop them marking your policy is voided on their records, despite the policy having been cancelled by you.... It is their paperwork after all! BUT it has big implications for you going forward where yo7 wou”d have to declare it in future applications for insurance when yo7 can drive again, and for a number of years.
I suspect that it might be a threat to encourage you to offer to may their costs.

There is an insurance company that posts on here, https://www.forum.drinkdriving.org/members/a-plan-insurance.12050/
they may help with their opinion on your post if they see it, or you could send them a private message if they do not.
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Just received letter from them confirming I cancelled the policy last week so I shouldnt have to declare anything in my eyes, my only asset is my house and I'm assuming they couldn't go after that, my head is frazzled with it all, here was me thinking the worst was over when I walked out of court yesterday
 
If they void your policy it will show up on the MIB database so any insurance company would see that when you applied and were initially accepted.
you would be in deeper sh#t if you said no to the question “ have you ever had a policy voided”?
and if they did sue and won, of course they could claim against your house... it is an asset like any other belongings.
 
price1367 said:
If they void your policy it will show up on the MIB database so any insurance company would see that when you applied and were initially accepted.
you would be in deeper sh#t if you said no to the question “ have you ever had a policy voided”?
and if they did sue and won, of course they could claim against your house... it is an asset like any other belongings.
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Thanks for reply, I'm just struggling to understand how they can void something that isn't there, I have written confirmation from them I requested my policy be cancelled and it has been for a week, so what can they void? I apologise if I'm missing something, I cancelled last week and they confirmed today they are settling tp claim. I cancelled before they had opportunity to void, so I didn't have issues down the line
 
That is why you need the legal advice from a solicitor.
I accept that you cancelled the policy first, and that will be on your file, but if they decide to mark your file on the MOB as “ voided” you would have an uphill battle to convince another insurance company that you are right and Hastings are wron, leaving you unable to drive in the meantime.
I think it is bluff, but don’t take the risk of ignoring it without challenging it now.

did you cancel the policy after the accident but before they knew you were drink driving?
 
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price1367 said:
That is why you need the legal advice from a solicitor.
I accept that you cancelled the policy first, and that will be on your file, but if they decide to mark your file on the MOB as “ voided” you would have an uphill battle to convince another insurance company that you are right and Hastings are wron, leaving you unable to drive in the meantime.
I think it is bluff, but don’t take the risk of ignoring it without challenging it now.

did you cancel the policy after the accident but before they knew you were drink driving?
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Yes cancelled before they knew.
 
In which case they may claim that you deliberately mislead them, therefore they are entitled to void the policy.
 
price1367 said:
In which case they may claim that you deliberately mislead them, therefore they are entitled to void the policy.
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Hi
When I cancelled the policy I informed them the reason for cancelling was due to failing a breath test after incident, this was to the cancellation department, when the claims department rang me about the tp claim talking about voiding my policy she wasn't aware I had already cancelled which is feasible as its quite common in a big organisation that one department doesn't communicate with another, thus meaning I didn't mislead as I was open and honest to the cancellation department.
 
GGG said:
Hi

After accident and failed breathtest, my insurance company hastings have phoned me today saying they are settling the claim with third party and will want there layout paying back by myself, from Reading threads on the forum I was under impression it was admiral group only who try to recoup costs. I've read my documents and there is nothing in there resembling what is in the Admiral policy, it just says third party only will be covered. Any advice would be much appreciated.
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Hi,

Did anything ever come of this?
How long was it between the accident and Hastings contacting you?
 
Insurance companies are corrupt rats i hit a parked car wrote it off while under the influence tescos my then Insurance company rang me up 8 months later saying they had paid for the parked car 3500 and I had to pay them back I said errrr no I don't think so you had to pay for the parked car.Tescos reply was comical they said they didn't have to pay for the parked car but didn't want me going to court and get ccjs against my name so they paid it 😄😄😄 i just said thanks doing your job dont ring me again never heard from them again.
Beware of insurance companies they are all dodgy as fook and that comes from a police officer after accidents getting phone calls about accidents and trying to change his statements so they didn't have to pay out
 
Hi,

I have had an email today from Hastings informing me that they have previously advised me (they haven't) that they are withdrawing their indemnity for an accident I had under the influence over 2 years ago and I now owe them over £11,000. I have received no correspondence from them regarding this apart from this email today.

Im really panicking as obviously I dont have that kind of money. I would have thought they would ask for this in a more official way, not just an email which I could have easily missed demanding that apyment in 2 weeks time.

Has ayone any advice of what I should do next?
 
jenbordoire said:
Hi,

I have had an email today from Hastings informing me that they have previously advised me (they haven't) that they are withdrawing their indemnity for an accident I had under the influence over 2 years ago and I now owe them over £11,000. I have received no correspondence from them regarding this apart from this email today.

Im really panicking as obviously I dont have that kind of money. I would have thought they would ask for this in a more official way, not just an email which I could have easily missed demanding that apyment in 2 weeks time.

Has ayone any advice of what I should do next?
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Hi,

also I’ve just spoken to Hastings and they’re saying that 3 lots of personal injury has been claimed for, however I have police reports stating that there was only 2 passengers. I have no idea what to do and feeling completely lost 😭
 
jenbordoire said:
Hi,

also I’ve just spoken to Hastings and they’re saying that 3 lots of personal injury has been claimed for, however I have police reports stating that there was only 2 passengers. I have no idea what to do and feeling completely lost 😭
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I'm in a similar situation it seems to be a dark subject I have a letter that my insurance company want me to sign say I'll pay all third party costs, best bet is to speak to cab or a lawyer it's horrible isn't it
 
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