What it means when a claim is filed against you
If someone files a claim against you, it usually means they believe you were responsible for an accident or incident involving their vehicle or property. This is known as a liability claim.
They may be claiming for:
Damage to their vehicle or property
Personal injury
Associated costs like repairs or medical treatment
Marshmallow, is legally required to investigate and respond to any claims made against you as our policyholder.
Common reasons a third party might file a claim
Accident or collision: The other party believes you caused the crash.
Property damage: Your vehicle may have damaged someone’s fence, building, or parked car.
Injury: They allege that they, or someone in their vehicle, was injured in the accident.
What happens next?
We’ll investigate the claim: Our claims team will look into the evidence, including statements, photos, and reports.
You may be asked for your version of events: This is called a VOE (Version of Events). It's important you respond accurately and promptly.
We decide liability: Marshmallow has the authority to decide whether you were at fault based on the evidence and road traffic law.
We’ll communicate the outcome: Whether it's settled as fault, non-fault, or split liability, we’ll let you know and explain what that means for you.
What if I disagree with the claim?
You can dispute it. Provide your own account and any supporting evidence (e.g. dashcam footage, witness statements). However, most claims are settled as fault unless we recover all costs from the other party’s insurer.
Will this affect my insurance?
Yes, if the claim is settled as fault or split liability:
You may need to pay your policy excess.
Your No Claims Discount could be impacted.
Your premium may increase when you renew.
If the claim is proven to be non-fault, and we recover all costs from the third party, your excess will be refunded and your No Claims Discount will not be affected.