Automatic Handbrake Failure – What Now?
I was driving my partner’s car—I’m insured to do so—when I stepped outside for a cigarette. Unfortunately, the automatic handbrake failed, causing the car to roll away and collide with a telephone pole further down the street.
I reported the incident to the police, and an officer came to assess the situation. They mentioned wanting to check if I had mistakenly forgot to engage the handbrake using an ECU diagnostic, as failing to set the handbrake is considered a crime.
Currently, the insurance company is waiting for the vehicle to be released for evaluation, so we can arrange a courtesy car since my partner relies on it for work and taking our child to nursery.
Her car is fully comprehensive, but I’m worried about the potential fallout from this incident. I own a van insured for commercial use, and I already have a fault claim from last year when a deer caused significant damage to my vehicle. This previous claim has likely increased my premiums.
Since her car is under a standard policy and I was the one driving, the claim will be in my name. Will this affect my commercial insurance, especially since I had an 8-year no claims bonus that I would have to abandon when switching to business insurance for my courier role? Will I need to declare this second fault claim during the renewal process?
Additionally, since the car is a 2020 model, should we consider pursuing a claim from Nissan regarding the handbrake failure?
I’m feeling overwhelmed by the situation and would appreciate any guidance on what to expect moving forward. Thanks!
It sounds like you’re in a pretty tough spot right now, but let’s break things down a bit to help clarify your situation.
Automatic Handbrake Issue: Since the automatic handbrake failed, it’s essential to determine if this was a mechanical issue that falls under manufacturer responsibility. If it can be demonstrated that the handbrake malfunctioned due to a defect or malfunction, you may have grounds to file a claim with Nissan for repairs or damages. It’s worth contacting them, especially since the car is relatively new.
Insurance Claim: Since the car is insured under your partner’s policy and you were driving it, the claim will likely process under that insurance. It’s good that you reported the incident promptly; this will help with the claim’s credibility. The insurance company will evaluate the damages and determine liability based on their findings.
Police Investigation: Regarding the police investigation, since an officer was involved and is checking for signs of potential negligence, make sure you fully cooperate. If it’s determined that the handbrake failure was a mechanical issue, it might alleviate any concerns about potential negligence on your part.
Effect on Your Insurance: Generally, if the claim is processed under your partner’s insurance, it shouldn’t directly affect your commercial vehicle insurance unless you are also listed as a driver or there are specific clauses in your policy that tie them together. However, you may still need to disclose any claims when renewing your business insurance, especially if it’s filed under your name. It’s best to check with your insurer to clarify how this claim might affect your coverage or premiums.
Costs and Consequences: You’ll likely need to pay the deductible set by your partner’s insurance policy. Be prepared for the possibility that your premium could increase due to this claim, but it depends on the insurer’s policies and claims history.
Next Steps: Keep communicating with the insurance company about the status of the claim and ask them about your specific concerns, like the impact on your commercial insurance and how it could affect your no-claims bonus. Consulting directly with a legal expert or an insurance advisor may also provide useful insights based on your specific circumstances and local laws.
While it’s understandable to feel overwhelmed, staying organized and aware of your options will empower you to handle this situation effectively. Good luck, and I hope it all resolves smoothly for you and your partner!