Insurance Question - Insurer's right to recovery

[eddiem74]

So my sisters son clipped a pedestrian who was walking, guards, ambulance, etc. all called, statements made, insurance notified. Surgery was required on hand so there would be some form of claim expected.

Now insurance called him yesterday and said they were going to call the injured party to see if they wanted to pursue a claim and if they did that they may potentially come after him to recoup the costs. He was shocked and taken aback by this...

He is fully comp with AXA but its his first policy.

I have only changed myself to AXA this year and when I now just really checked my policy schedule in detail I seen this:

Our right to recovery

If AXA has to pay a claim that the policy does not cover, the amount may be recovered from the policyholder.

I am assuming this is what his policy also has? Is this the norm for all policies? I was with 123/RSA prior and could not see such a similar statement at least not obviously.

[kdevitt]

So my sisters son clipped a pedestrian who was walking, guards, ambulance, etc. all called, statements made, insurance notified. Surgery was required on hand so there would be some form of claim expected.

Now insurance called him yesterday and said they were going to call the injured party to see if they wanted to pursue a claim and if they did that they may potentially come after him to recoup the costs. He was shocked and taken aback by this...

He is fully comp with AXA but its his first policy.

I have only changed myself to AXA this year and when I now just really checked my policy schedule in detail I seen this:

Our right to recovery

If AXA has to pay a claim that the policy does not cover, the amount may be recovered from the policyholder.

I am assuming this is what his policy also has? Is this the norm for all policies? I was with 123/RSA prior and could not see such a similar statement at least not obviously.

I think he'll be covered, that may be something they need to say in the event of all claims. There were clauses put into policies to cover the likes of road rage - where someone intentionally used the car to hit someone, or if they hurt someone while on a time trial or out at Mondello where the policy explicity excludes use.

[E60Dave]

I had a very similar insurance issue many moons ago (about 18 years ago) where I had to sign an affidavit or something similar to the effect that if I ever came in to money:wink: that the insurance company could seek to recover funds from me that they paid out to an "injured party"

Never heard from them again :hehe!:

[kdevitt]

The law now allows the insurance company to recover any damages paid to you that have already been paid by the social welfare - so if you claimed an out of work allowance, and then you received damages which are apportioned to that - you need to pay back the insurance company.

You won't know much about it - the social welfare provide details directly, and it will be deducted from any settlement.

[Lucifer]

They will indemnify you if they feel there is a valid claim.
If it was to later transpire the claim was your Nephews fault through unreasonable peril they are well within their rights to recover. It's not unreasonable if you think about it. I think he should be ok if it was an accident.

[Alan_D]

this is from the policy booklet for axa, i think you're grand

9 Getting our claims costs back
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.

If, under the law of any country in which you are covered
by this policy, we have to pay a claim which we would not
normally have paid, we may get that payment back from you
or from the person responsible.