Automatic Handbrake Failed – Am I in Trouble?
I was driving my partner’s car, and I’m insured to do so, but ran into a bit of a situation. While I stepped outside for a cigarette, the automatic handbrake failed, causing the car to roll away. Unfortunately, it ended up crashing into a telephone pole further down the road.
I reported the incident to the police, and an officer arrived to start the recovery process. He mentioned they would investigate whether the handbrake was improperly set through an ECU diagnostic test, as not setting it is considered a crime.
Currently, the insurance company is waiting for the car to be released for evaluation, and we’re hoping to get a courtesy car since my partner needs it for work and for our child’s nursery runs. She has comprehensive coverage.
What can we expect from here? I own a van with commercial insurance for my courier job, but I already have a fault claim from last year when a deer hit my vehicle, which I know will affect my premiums. My partner’s car is insured under a standard policy.
Since I was driving, this claim will likely be recorded under my name. Will it impact my commercial insurance claims? I’ve been building my no claims bonus for eight years, but I understand that it doesn’t carry over to business insurance. Will this new fault claim need to be disclosed when I renew my commercial insurance?
Additionally, given that her car is a 20-plate Nissan, can we file a claim against them?
Honestly, I’m feeling overwhelmed by this situation and worried about the consequences. Any advice would be greatly appreciated. Thanks!
I completely understand how stressful this situation must be for you. Here’s a breakdown of what you can typically expect and some steps you might want to take:
Insurance Process: Since your partner has a fully comprehensive policy, the insurance should cover the damage to the vehicle, subject to their terms and conditions. You’ll need to wait for the vehicle to be evaluated, and they’ll likely cover the cost of repairs or a total loss if that’s determined.
Claim Reporting: As you reported the incident to the police, they will do their investigation. If it’s determined that the automatic handbrake failed without user error, it may work in your favor regarding liability.
Fault Claim Impact: Since the insurance claim is under your partner’s policy and you were driving, it may not directly affect your commercial insurance. However, you are typically required to declare any fault claims when applying for insurance. It’s worth discussing this situation with your insurance provider to get clarity on how it might impact your own premiums.
Claim Against Nissan: Given that the car is relatively new (2020 model), if it can be established that the automatic handbrake failure was due to a manufacturing defect or fault, you could potentially have grounds to file a claim against Nissan. Document everything related to the incident and gather as much evidence as possible to support this.
Repercussions: Unfortunately, as you’re aware, any fault claim could affect your insurance premiums when it comes time for renewal. If it’s classified as a fault on your record, it may be viewed less favorably by insurers.
Legal Advice: If you’re uncertain about the specifics of your situation, especially concerning the potential claim against Nissan or your liability, consulting with a legal expert might provide additional peace of mind.
While this is undoubtedly a tough experience, being upfront with the insurance companies and keeping thorough documentation will be your best approach moving forward. Best of luck, and I hope everything resolves smoothly!