Quinn won't cover flood damage to my car on full policy

H

Hardman

Guest
Had some serious flood damage to my car a few weeks ago.

After initially telling me that the damage was covered, my insurance company (Quinn) has now decided that because I 'chose' to dive through some water, it amounts to negligence and they are refusing to cover it. The car only had 26K km on it, and was fully paid off. I'm naturally pretty upset. Thing is, I can't get a straight story about whether or not I've got any legal grounds to pursue here.

I've driven through thousands of puddles in many different countries, and flatly deny the assertion that I was negligent. There was no indication of danger on that road. No stalled cars (as there were on the first road that I tried, and backed away from), the puddle didn't look deep, and other cars of similar size were going through it before and after my car died.

I've opened a lot of discussion on this, and the opinion seems 50/50 split. Either I was negligent and haven't got a prayer, or there is really no way to determine the depth of a puddle going in, so how could it possibly be construed as anything but an accident.

I've heard from one or two sources that the insurance companies pretty much have the law (and I suspect the lawmakers) in their pocket on this, but I'm hoping there might be a chance.

Any advice or comments would be very welcome!
 
Re: Quinn won't cover flood damage on full policy

I see now some bit in the header about posting questions about road/traffic law in Cars & Motoring. Not sure if I'm in the right forum, but apologies if not. I"m not going to go cross posting now, but somebody let me know if I'm outta line?
 
Re: Quinn won't cover flood damage on full policy

Hardman said:
.

I've heard from one or two sources that the insurance companies pretty much have the law (and I suspect the lawmakers) in their pocket on this, but I'm hoping there might be a chance.
Click to expand...

I don't think this is true.

Did you get a policy through a broker? If so they should now pursue this for you. Otherwise keep pushing it or go to the insurance ombudsman or a solicitor.
 
Re: Quinn won't cover flood damage on full policy

No, I just walked into the quinn office set it up on my own. I have lodged an official complaint to the insurance ombudsman via their website, but they've since returned my calls and said that the website isn't very reliable so I should go with a written form. I'm in the process of doing that, as well as sending some formal complaint letters to Quinn itself.
 
Re: Quinn won't cover flood damage on full policy

A friend of mine was affected by floods in this way and their insurance company had the whole thing wrapped up in about 10 days. If you crashed your car due to dangerous driving insurance would still cover you so I don't think they have a leg to stand on. Had a small claim against Quinn before and they refused to pay approx 80.00 of it, I told them unless full amount claimed was paid I would contact solicitor (gave them a time deadline), sure enough they phoned me back and "relucantly" agreed to pay full amount due. Don't let them pawn you off, keep fighting!!
 
Re: Quinn won't cover flood damage on full policy

Would this be an appropriate forum to ask for recommendations about good solicitors?
 
Re: Quinn won't cover flood damage on full policy

Just threaten them first see how far you get!!!
 
Re: Quinn won't cover flood damage on full policy

We also had an issue with Quinn. They were refuseing to pay a claim after a lorry wrote off our car. This went on for months and they always had excuses, it was only for about 1500 Eur but we finally threatened them with a solicitors letter and literally with in 24h said they'd pay it and we had the money about 2 weeks letter. Our solicitor had not even had time to write it.
 
Re: Quinn won't cover flood damage on full policy

Don't do this business by phone. Start by reading the wording of your policy. If you don't have a copy of the policy document, ask (in writing) for it. If they have not yet refused the claim in writing, write and ask them to confirm within seven days that they are either admitting or refusing the claim. If the policy provides for arbitration (as many insurance policies do) then you or your solicitor should invoke the arbitration process asap (the policy may have strict time limits for invoking your rights).
 
Re: Quinn won't cover flood damage on full policy

Quinn have claimed you were negligent but yet their policy document states:
Duty of care​
12​
​
​
​
You, or any insured person must:​

a​
​
​
take all reasonable steps to prevent accidents, injuries,
loss or damage;​

b​
​
​
protect the vehicle against loss or damage;​

c​
​
​
give us access, at any reasonable time, to examine the
vehicle;​

d​
​
​
not leave the vehicle unlocked while unattended or leave
the keys to the ignition with the vehicle while unattended;
and​

e​
​
​
make sure the vehicle is kept in a roadworthy condition
and, if necessary, has a valid NCT certificate.​

*
You only have to take "reasonable steps". Based on the weather that weekend nobody could have been expected to do anymore that what you did.
 
Re: Quinn won't cover flood damage on full policy

Ok, thanks for that! I just received notice yesterday in writing that they are refusing, so hopefully I'll still be within any time limits by next week.

I have threatened to go to a solicitor and told the Quinn person handling my case that I've gone to the insurance ombudsman. They didn't budge. Nevertheless, I hope with an actual letter from a solicitor I'll make some progress.

Still looking for a good one, though. Never gone through something like this, and feel a bit out of my depth, tbh.
 
Re: Quinn won't cover flood damage on full policy

Any good solicitor should be able to handle it.
 
Re: Quinn won't cover flood damage on full policy

there are several aspects to this interesting posting.

firstly poster chose to drive through the flood.

Secondly, the insurer initially said that the matter was covered.

Thirdly, insurer seems to be relying on the 'reasonable precautions' condition. this is a general condition and 'reasonable' is open to interpretion.

We must all take personal responsibility for our actions.

how deep was the flood and have you evidence, more inportantly, is there evidence to the motor assessor that the flood was deeper than you allege? if you choose to drive through a flood, you must assume that you might cause damage.

The 'reasonable precautions' condition is being relied on more and more in travel insurance, why not motor?
 
Re: Quinn won't cover flood damage on full policy

Hi Ravima,
The flood water was obviously deeper than I thought through a section in the middle of it. It was only about mid-tyre depth through most of it, and knee deep in the worst of it. Thus, the problem. I know the depth specifically, because I climbed out to push the car out of the puddle. There was some evidence of this, because water got into the cabin of the car. As it turned out, it wasn't much, but took me a couple of days to dry the carpets out. There was some concern about the electronics, but the water wasn't high enough to get any of that wet. The independent valuer saw only that it was wet inside, and no doubt put it in his report.

My decision to drive through was based on the fact that it didn't appear very deep, and other cars were making it through with no problem. At least four cars went through the same water while I watched, two of which were taxis, and about the same size as my car. The other two were an SUV and a van.

Finally, I would argue that it was reasonable to go through it because I had already tried the other road to my destination (was trying to get home, as I had a wet, shivering passenger with me who had been kicked off public transport and stuck in the rain for hours) and this was clearly the safest of the options available to me, if you discount sleeping in my car.
 
Re: Quinn won't cover flood damage on full policy

quinn try to get out of paying .
everyone says the same about them .
i have a claim in with them and they said i was not covered so i got a solicitor and they are dealing with him .
fight all the way with them .
 
Re: Quinn won't cover flood damage on full policy

Hardman said:
After initially telling me that the damage was covered, my insurance company (Quinn) has now decided that because I 'chose' to dive through some water, it amounts to negligence and they are refusing to cover it.
Click to expand...

ask them for a recording of the telephone conversation, call centre's usually record the phone call these days, "for training purposes". but are also there if they give out mis-information etc. might be worth a try !!
 
Re: Quinn won't cover flood damage on full policy

I would reckon that Quinn would record less than 10% of all calls. The chances of your call being still around will be slim.
 
Re: Quinn won't cover flood damage on full policy

MOB's post is the most practical. What you will get here are people's opinions based on little information and lets face it a lot of people are sceptical and have an axe to grind with insurance companies so they are naturally prejudiced.

Your policy and its terms is your first port of call, second is a solicitor, thirdly if appropriate is a court.

Keep us updated as it progresses.
 
Re: Quinn won't cover flood damage on full policy

Hardman said:
I see now some bit in the header about posting questions about road/traffic law in Cars & Motoring. Not sure if I'm in the right forum, but apologies if not. I"m not going to go cross posting now, but somebody let me know if I'm outta line?
Click to expand...

No problem Hardman, Ive moved the question to Cars and Motoring.
ajapale (mod)
 
Hi
I am a loss assessor and I deal with property damage claims.
Quinn are by far the worst insurer to deal with in respect of property claims.
They will confirm that cover is in order and then subsequently retract.
Go to a solicitor as they generally back down.
You should have the law on your side.
Fight them and I will put money on it that you will win!
 
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