Personal Injury Solicitors discuss when Insurance Companies can refuse to pay out
Posted on 5th February 2020
MG Legal, your local accident injury solicitors, regularly act for people who have been involved in accidents where personal injury is sustained. It is not possible to insure yourself for personal injury compensation and it is always necessary to pursue a claim against the fault party for your losses. It is, of course, possible to insure yourself against material or financial loss, the most obvious being insuring your car on a Fully Comprehensive basis, although there are countless policies available that can offer cover for lost income in the event of illness, damaged property and various professional fees.
It is common, due to the delays in obtaining payment from the fault party, for people to insure against these types of loss. What is sometimes taken for granted is that each insurance policy will immediately pay out for the full value of a loss. Insurance companies are, ultimately, money making enterprises and what MG Legal, your local accident injury solicitors, are seeing more and more is insurers scrutinising each claim in more detail.
Your car insurance policy will have obvious clauses such as not ‘paying out’ if you damage your car due to wilful acts such as taking the vehicle stock-car racing, but insurers can also decline to pay for less obvious infringements. Having an overloaded car by cramming that extra friend or suitcase on the back seat, charging more than petrol money and thus making a profit when giving someone a lift (in effect you become an unlicensed private hire taxi even if you only take a couple of pounds extra) or having headlights which are misaligned can all give insurers a cause not to pay your repair bill.
Home insurance can be invalidated in the event of a burglary if a window is left open, Critical Illness Cover can be refused if your medical history is not accurately recorded and, most relevant in the current situation, taking a vehicle, credit card or an item abroad within Europe may no longer afford the same automatic insurance cover that it did before 31st January 2020.
So, whilst if the incident is not your fault, you will likely still be able to pursue a claim against the fault party, this can often be a longer process. Should the incident be partially or fully your fault, you will not be able to recover any damage or loss that is deemed to have been caused by your negligence, such as a 50/50 split liability Road Traffic Accident, an Accident at Work where the employee did not wear their Personal Protective Equipment or a Tripping Incident where the person who fell was significantly intoxicated.
MG Legal, your local accident injury solicitors, are highly experienced at recovering compensation for personal injury, reducing and eliminating contributory negligence and settling matters as swiftly as the legal protocols allow. What we, nor any other solicitor, can do is rescue a situation where your insurance has been invalidated and there is no fault party from whom to claim. We strongly recommend taking the time to read those boring Terms and Conditional and spending a little time making sure your insurance application or renewal is accurate and that you comply with the Terms during the lifetime of the policy.
If you have been involved in an incident that was not your fault, MG Legal, your local accident injury solicitors, look to accept instructions on a Conditional Fee Agreement (no win, no fee agreement) basis to ensure that you have access to legal representation to bring your claim against the fault party. Please call into our offices in Garstang, Lancaster and Longridge, telephone, email or use the website contact form and we will put you in touch with the right person straight away.
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