My car was damaged by a marquee blown away in the wind - why have I lost my no claims bonus?

My car was damaged by a marquee belonging to the police blowing onto my car and the metal frame damaging nearly every panel of my 16 month old Volkswagen. I had to pay the excess and was told no blame could be found against the police, so I lost my no claims bonus. My insurer was RSA Motability as the car is a motability car. I was nowhere near my car at the time of the accident. Is this legal?

Asked on 8 October 2018 by HELEN KING

Answered by Tim Kelly
Yes, it is legal. The other party would have to be negligent, and the act forseeable. If this was a freak gust of wind, it would be "an act of god". If the weather was forecast to be very windy, and the marquee was inadequately secured, then the other party has been "negligent". Contact your insurer and ask what investigations have been carried out. Ask if they checked and confirmed the weather forecast for that day. And whether they checked to see what actions the police had taken to secure the marquee. If not, you have the right to challenge them.
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