None-Fault Accidents

[INSURANCEGUY]

So, someone ran into the back of you, you are likely to be contacted over the coming days by several people claiming to want to act in your best interests, regarding injuries that you may, or may not, have.... repairs, and hire/replacement vehicles.

 

You should always contact your insurer, you have a duty under the terms of your policy to notify them of any accidents.

 

What you do next could be costly-

 

many insurers/brokers/even garages will pass your claim on to 'specially selected partners' to handle the claim for them, in return for doing so these companies receive a 'referral fee', which, when including hire and injury claims, can be thousands of pounds!

WOULD YOU NORMALLY LET SOMEONE SELL YOUR DETAILS?!

 

These are quite often accident management companies whom operate 'Credit Hire', 'Credit Repair' & No Win, No Fee Injury claims.

 

Whats this 'CREDIT' all about?....

exactly what you will think- they will do your repairs, on credit, provide you hire, on credit, and tell you that they send the bill to the third party/at fault insurer for them to settle. You then receive the car, sign the agreement and thats that.... until a dispute arises over the hire costs.

The agreement you signed when you got the hire car/the vehicle was repaired, but didnt really read, is a credit agreement- holding you liable for the full costs in some cases. As these companies charge a higher rate for these vehicles than they would normally costs, disputes do arise!!!

 

No Win, No Fee Solicitors....

We've all seen them on the TV- they do all the running, claiming thousands and thousands of punds for your broken nail- why would you want to deal with a call centre, who have paid someone a 3-figure sum to deal with you?! You are unlikely to speak to a solicitor, but will just have a claims handler to deal with everything for you.... why not stay local and use a well-known solicitor with a good reputation?

 

 

 

I am not, at all, saying that all of these companies are bad, but just make sure you do your research, remember that the company you know and trust such as the garage at the end of the street, or the broker in town you have dealt with for years, may just be making a fortune out of your misfortune!!!

Edited November 30, 2009 by INSURANCEGUY
trying to amend title to 'Non-fault' but it wont let me!!!

[Em_1]

Hi Insurance Guy,

 

A van collided into the passenger side of my vehicle and damaged the wing, door and bumper. This is how it happened, I was trying to pull out from a single-lane slip road onto the motorway, but a car quickly closed the gap in front of me and I had to do an emergency stop. After 3 to 5 seconds this van appeared from nowhere to my left and collided with my vehicle. (Whilst still on the slip road).

 

The driver was obviously trying to overtake me. There are currently road works going on on that slip road and it is very narrow. Anybody who calls themelves a driver would know that 2 vehicles will not go side by side. It is plain to me that he is at fault as well as driving recklessly.

 

It's been a month since the accident and the third party's insurer have since sent someone to assess the damage to my vehicle. Their valuation team have been in contact with me as well as advised me on my options. (My vehicle is apparently uneconomical to repair).

 

I've contacted the third party's insurer today and have learnt that their insured is giving a different version of the accident and they will not accept liability and want to go for 50/50.

 

I only have 3rd party insurance so whatever they decide to settle, I will be out of pocket. Unfortunately for me I don't have any independent witnesses. (At a busy time on the motorway, not an easy thing to find).

 

Can I contest this? My insurance company hasn't heard from them yet? I am very angry and upset that this other driver is being so dishonest after having been so negligent. The 3rd party was driving a commercial vehicle.

 

Any advice would be highly welcome.

 

Thank you.

[INSURANCEGUY]

Hi Em,

 

Without an independant witness, there is no one to confirm either version of events.

 

Have you reported the accident to your insurer?

 

You cannot make a decision on liability alone, as the third party insurer will look to recover say 50% from you/your insurer if you agree to the 50/50.

 

I would ask the third party insurer to write to your insurance co offering 50/50 if that is what they are currently offering, your insurer will then assess liability.

 

With the lack of independant evidence, the outcome is likely to be 50/50, unless the areas of damage to each vehicle shead further light on it.

[Em_1]

Thank you for your advice.

 

I have reported the accident to my insurer, they politely advised they wouldn't do anything for me since i've got 3rd party cover. And asked me to call the other party's insurer, which I did.

 

3rd party insurer said they would contact my insurers and that I just have to wait. I'm surprised from the "plain to read facts" the third party are going for 50/50. I think they are just trying to minimise their payout/loss.

 

Will it help at this stage if I wrote to the owner of the third party's vehicle? I want to hold them responsible for the negligence of their employee.

[Mossycat]

3rd party insurer said they would contact my insurers and that I just have to wait. I'm surprised from the "plain to read facts" the third party are going for 50/50. I think they are just trying to minimise their payout/loss.

 

Will it help at this stage if I wrote to the owner of the third party's vehicle? I want to hold them responsible for the negligence of their employee.

 

The plain to read facts as you call them are actually just your version of events.

 

The other person has told a different version of how the accident happened and is no doubt saying he's surprised about what you are claiming and also citing the plain to read facts.

 

The insurer isn't trying to minimise anything, two people are both telling a different story, without independent evidence it's impossible to know who to believe so 50/50 is the fairest solution under these circumstances.

 

By all means write to the owner of the other vehicle and tell them their employee was to blame, they will probably write back and say that's not what their employee says.

 

Mossy

[sailor sam]

Dosn't the slip road have CCTV coverage? have you thought of asking the Highways Agency?

[Em_1]

Dosn't the slip road have CCTV coverage? have you thought of asking the Highways Agency?

 

The highway agencies will only release CCTV coverage if the other party involved in the accident agrees to it.

 

My insurers have requested a report of the accident and a sketch as a result of the third party's insurers contacting them. I understand they are going to compare both version and try to make out the truth...hopefully.