I was commuting without commuting cover

Last October I was riding home from my office when a car I was overtaking clipped me causing me to come off. I had various injuries but luckily nothing too serious. I agreed to accept 1/3 of the blame as I was going a little fast and the car was indicating right. However, the problem I have is that my insurer won’t pay the car driver’s insurer for their repair bill. Their reasoning is my policy didn’t include cover for commuting (I was just TPFT) so I must personally pay for my opponent’s vehicle repairs. Is this right?

Barry, Croydon, by e-mail

Answer

Motor insurance policies are policies of good faith. This means that both parties to the contract have to provide accurate information needed to create such a policy, such as declaring that you require cover for commuting.

Even though you were commuting on a non-commuting policy your insurer should still pay the car driver’s repairs rather than cancelling your policy as if it never existed at all. Cancellation can happen in very serious cases, e.g. not disclosing a drink/drug driving offence which had it been disclosed would have led to them declining to offer insurance.

Had you disclosed that you wanted commuting cover, the difference would likely have just been a higher insurance premium as opposed to your insurer not offering cover at all.

Your insurer should compensate the other driver but your insurer is within its rights to make you contribute to the other party’s vehicle repairs.