Automatic Handbrake Failure – What Now?
I was driving my partner’s car, which I’m insured to do, when I stepped out for a cigarette. Unfortunately, the automatic handbrake failed, and the car rolled away too quickly for me to catch it, eventually colliding with a telephone pole further down the street.
I reported the incident to the police, and an officer came to investigate. He mentioned they would check the ECU to see if I may have forgotten to set the handbrake, as failing to do so is a legal issue.
Currently, the insurance company is waiting for the vehicle to be released for evaluation. We need a courtesy car for my partner, as it’s essential for her work and taking our child to nursery. She has comprehensive coverage.
What can we expect moving forward?
I own a van with commercial insurance for my courier business, and I already have a fault claim from last year when a deer caused significant damage to my vehicle. This has likely increased my premium.
My partner’s car is under a standard insurance policy, not a business one. Since I was driving, the claim will go on my record. Will this also affect my commercial insurance considering I already have a previous claim? I had an eight-year no claims bonus on my car, but that doesn’t transfer to business insurance.
Additionally, can we expect to claim anything from Nissan, considering the car is a 2020 model?
I’m feeling overwhelmed by the entire situation and unsure about the next steps. Any advice would be greatly appreciated!
Thanks!
It sounds like you’re in a challenging situation, but there are a few things to consider that may help you navigate the aftermath of this incident:
Insurance Claim: Since the car is insured and you’re covered to drive it, the insurance should handle the damage repair costs. When you file a claim, the insurance company will evaluate the accident, which may include determining if the automatic handbrake malfunctioned or if it was user error. If they deem it a mechanical failure, it could potentially lead to a different outcome compared to if they believe it was user error.
Investigation by Police: The police’s investigation into whether you set the handbrake could lead to complications if they conclude that it was indeed your fault. However, if it’s a remote failure of the handbrake system, it may not lead to any charges against you, especially given that you reported the incident and acted responsibly by contacting them.
Commercial Insurance Implications: Since you were driving your partner’s car on a personal policy, this claim may not directly affect your commercial insurance policy. However, you will likely need to inform your commercial insurer about the claim, as they may consider your driving history during renewal. Even if the incident occurred under personal insurance, they might view it holistically, especially with your prior claim.
New Claim Impact on Your NCB: Your partner’s insurance would be the one to determine if your insurance history affects her no-claims bonus. Since they’ve had the insurance for their car, any claims made on that policy could affect their NCB, not yours unless you’re noted as a named driver on her policy.
Claim Against Nissan: Since the car is relatively new, if it was indeed a mechanical failure with the automatic handbrake, you may have grounds to pursue a claim against Nissan. It would be wise to document all the details of the malfunction and keep all communications with the insurance company and any inspection authorities.
Next Steps: Stay in close contact with the insurance company and police. Make sure you gather all evidence regarding the incident, such as any witness statements, photos of the scene, and documentation of the vehicle’s condition prior to the incident.
It’s advisable to consult with your insurance agent about the implications of this claim on both policies. They can provide clarity on how to proceed and what your liabilities could be. Lastly, try to stay calm and take it step by step; it can feel overwhelming, but you’ll find your way through this.