Need Help: Automatic Handbrake Failed—What Happens Now?
Hi everyone,
I’m in a bit of a bind. The car in question belongs to my partner, and while I was driving it (and I’m insured to do so), I encountered a serious issue. I stepped out for a quick cigarette, and the automatic handbrake failed. The car started rolling away too fast for me to catch it and ended up crashing into a telephone pole down the road.
I called the police, and when they arrived, an officer arranged for the vehicle to be towed. He mentioned that they would need to run an ECU diagnostic to verify if I had neglected to set the handbrake, as it’s a serious offense.
Right now, the insurance company is waiting for the car to be recovered so they can evaluate the damage. We’re also hoping to get a courtesy car soon since my partner needs it for work and to drop our child off at nursery. Thankfully, she has fully comprehensive insurance.
What should I expect moving forward? I own a van that I use for work, with commercial insurance for deliveries. I already have a fault claim from last year after hitting a deer, which I’m worried will skyrocket my premium. My partner’s car is insured under a personal policy, not business.
Since I was driving, this claim will go on my record. Will this affect my commercial insurance as well? Given that I already had an 8-year no claims bonus on my personal car, and since the NCB doesn’t transfer to business insurance, will I need to disclose this fault claim when renewing my commercial policy?
Also, could we potentially file a claim against Nissan, considering the car is fairly new (2020 model)?
I’m really stressed about this whole situation and would appreciate any guidance on what to do next.
Thanks in advance for your advice!
I’m sorry to hear about the stressful situation you’re dealing with. Here’s a breakdown of what you might expect moving forward:
Insurance Process: Since the car is fully insured, your partner’s insurance company will likely handle the claim. This can involve evaluating whether the damage can be repaired and determining liability. Since you were driving, it will usually count as a claim against your partner’s policy, but it may affect your own insurance situation if they are able to access your driving record.
Negligence Investigation: The police officer mentioned investigating whether you set the handbrake correctly. If it’s determined that you were negligent in setting the handbrake, it could influence the insurance claim, potentially making it a “fault claim.” However, if the automatic handbrake system genuinely malfunctioned, this might not be an issue.
Claim Impact on Insurance: As for your own commercial insurance, you may need to disclose this claim when renewing your policy. Even though it’s under a different vehicle and policy, insurance companies often want to know about all claims you’ve been involved with. This could lead to higher premiums.
Manufacturer Responsibility: Given that the car is relatively new (a 20 plate), if it can be shown that the failure was due to a manufacturing defect or software issue, you might have grounds to explore a claim against Nissan. Ensure you keep all documentation regarding the incident and communication with the police and insurance.
Future Considerations: It would be wise to consult with your insurance provider to clarify how this situation impacts both policies and what your next steps should be. Additionally, if you’re feeling overwhelmed, seeking advice from a legal professional could provide you with peace of mind regarding any potential liabilities.
Overall, keep communication open with your partner’s insurance provider and document everything. Best of luck as you navigate this challenging situation.