Motor Car Vandalised Insurance Company wont Pay

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godthe

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I am looking for some advice on the following please.
My daughter is a named driver on my insurance policy and she witnessed her now ex boyfriend vandalise my car. The incident was reported to the gardai. The car was towed to a repair shop by the insurance company where the damage was assessed. The car was written off by the insurances assessor and a figure was agreed between the assessor and me. The car was then removed from the repair shop without my consent and sent to a scrap yard by the insurance company.
The front window was smashed in my house with a brick one night and a bomb exploded in the porch of my house on another night. My family were very lucky to escape with our lives on this occasion. The damage to my house was reported to the gardai on both occasiions and they agreed with me that it was my daughters ex boyfriend intimidating us. I need to explain here that the ex boyfriend is very well known to gardai and has a number of convictiions.
The insurance company have now informed me that they wont pay out because we wont charge the ex boyfriend or my daughter wont appear in court as a witness for the insurance company if they charge him.The reason they give is the following policy wording ' if we think someone else is at fault for a claim that we pay, we may follow up that claim in the name of anyone claiming cover under this policy to get back the payments that we make. Anyone making a claim under this policy must give us any help and information that we need '
We cannot charge him or appear in court for the insurance company for fear of our lives or any other damage that he may cause.
All of this has been explained to the insurance company and on 2 ocasions to their investigator.
This matter has gone on for a few months now and you will appreciate that the above is a short version of the incident
I would appreciate any advice please
 
I don't think there is much you can do.

You are protecting (even with good reason) the person who did the damage , and cutting off an opportunity for the insurance company to go after him for damages.
 
The reason they give is the following policy wording ' if we think someone else is at fault for a claim that we pay, we may follow up that claim in the name of anyone claiming cover under this policy to get back the payments that we make. Anyone making a claim under this policy must give us any help and information that we need '


But as far as I'm concerned I have given them all the help and information possible. The only thing we have not done is charge him
 
Try the Irish Insurance Federation consumer helpdesk who may be able to advise you in the first instance
[broken link removed]
 
Its up to the DPP (via gardai in some cases) to bring a prosecution. it is NOT up to you or the insurance company.

Perhaps the insurance company want to take a civil case, that is to recover whatever they pay out to you, from the person who did the damage. if that is the case, why not agree to co-operate, especially if the person has no money as then then the insurance company will not go to the expense of going to court.

In any case, be careful as they might exclude malicious damage from renewal date or increse the policy excess or even not renew the policy.
 
I know a guy who saw his car getting broken into and he reacted by chasing the culprits. His life took a different route from that moment on. His biggest regret, in his life and his family's.

Be very careful what you choose to do...
 
If they were to take a civil case they could only do so after a criminal case is taken and successful. The daughter would also be needed as a witness in a civil case - is she willing to do this.

Anyone making a claim under this policy must give us any help and information that we need '

This would involve your daughter and yourself making a statement to the gardai to be included in a file for the DPP. In doing this you would have to be willing to be a witness in a court case if one was taken. If you are not willing to your statements are fairly worthless. Thus you are seen not to be helping in the situation and their clause stands.
 
My daughter cannot be a witness because of what may happen. It would be far too dangerous
 
askU said:
Stand up to your bully!!!!!
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I think this has gone way beyond bullying and the OP is correct to be nervous about going as a witness agains this individual, the case of Steve Collins and his family in Limerick is proof that the justice system often lets down those who stand up to thugs.
I wouldn't accept this from the insurance company. I think the reasoning behind your reluctance to help them has to be conveyed to senior management in the company, and then if necessary, the insurance federation. In reality the insurance company has probably 0 chance of getting money out of this thug and so are needlessly punishing you for a policy condition. Don't back down with them and they will eventually blink. Best of luck.


www.powerinsurances.ie
 
Jimbobp said:
I think this has gone way beyond bullying and the OP is correct to be nervous about going as a witness agains this individual, the case of Steve Collins and his family in Limerick is proof that the justice system often lets down those who stand up to thugs.
I wouldn't accept this from the insurance company. I think the reasoning behind your reluctance to help them has to be conveyed to senior management in the company, and then if necessary, the insurance federation. In reality the insurance company has probably 0 chance of getting money out of this thug and so are needlessly punishing you for a policy condition. Don't back down with them and they will eventually blink. Best of luck.


www.powerinsurances.ie
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Why should the insurance company be held liable while the policyholder gets away scot free while they harbour this "thug" ?

As for someone who appears to work for an insurance broker, your attitude towards the policy conditions has a lot to be desired.
 
POTY said:
Why should the insurance company be held liable while the policyholder gets away scot free while they harbour this "thug" ?

As for someone who appears to work for an insurance broker, your attitude towards the policy conditions has a lot to be desired.
Click to expand...

I think that is a bit harsh. A broker will always try their best to get the best for their client and by not accepting no as an answer until all avenues have been exhausted. I don't believe he is suggesting anything underhand or illegal.
 
Thanks to all for the advice.
The company have now paid out my claim after many months of arguing
 
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