An insured had third party cover on his motor vehicle, which meant that he was only insured for damage to any other vehicle involved in an accident and not his own vehicle.  The policy also had a bonus cover for his own vehicle, should he not be at fault and also obtain the name and address of the driver of the other vehicle.

The insured was not able to obtain the name and contact details of the driver, who crashed into the back of his vehicle at a red light, as the other driver drove off.  The insured was able to obtain a licence plate for the second driver’s vehicle but the Police refused to give him the name and address of the driver. 

Under the strict terms of the insurance policy, the bonus cover did not apply because the insured did not supply the name and address of the other driver.  Although this was a frustrating outcome for the insured, the Insurance & Financial Services Ombudsman has no jurisdiction outside of the wording of the insured’s policy and therefore the insurer was entitled to decline the claim.

Alan Knowsley

Insurance Lawyer