Trying to recover uninsured losses after 50/50 liability settlement

[Malachie]

I was involved in an RTA with another vehicle August 2012. I was insured fully comprehensive but this policy only provided for third party claims cover for the trailer and its contents which I was towing at the time of the accident. The trailer and contents were not otherwise insured (foolish me). The trailer and its contents were substantially damaged with repair costs estimated in the region of £5-10K.

 

My towing vehicle has been repaired under my insurance with my insurer recommending settling liability at 50/50 between myself and the other party. There were no witnesses. I rejected this proposal (trailer was hit in the rear after a lane change) because I believed it would jeopardise my chances of a successful claim for my uninsured losses. 6 months on after lengthy correspondence and an independent accident investigation arranged by my insurer, their recommendation remains the same, accept 50/50 liability.

 

Since to take this further would involve the courts and, despite my protestations the accident was entirely the other driver's fault, I'm pretty sure there will be some detail in all the papers and statements that will indicate my driving was less than 100% perfect (whose is?) and we will be back to 50/50. So, as far as trying to keep a clean accident claims record, its probably time to give up and accept the insurer recommendation.

 

But, and having set the scene, there is still the damage to my trailer and contents to consider. Now, since both parties insurer's seem set on a 50/50 allocation of liability, how does that sit with my being able to claim for 50% of my insured losses? And who do I take on - third parties insurer, third party through small claims, court, both?

 

So far, and since I have expected throughout that the other party insurer would eventually accept liability, I haven't pursued the issue of uninsured losses other than to write to both third party and his insurer on the day after the accident that I held them liable.

 

Any advice in this regard would be really appreciated as would any need I have for legal advice and my chances of success. I'm going to end up out of pocket regardless, but getting back half of that loss would be something.

 

Also any thoughts on how I might have handled he whole thing better. I'm 7 months on, its been a lot of aggravation, and I still have a damaged trailer and its contents sat here doing nothing.

[Ganymede]

Hi,

 

Can you be more specific how the accident happened exactly please?

 

You would claim from the TPI but as you know you would only get back 50% of the value.

 

Thanks

[Malachie]

Gannymede,

 

Summary of statement made to insurance company less specifics that would identify those involved.

 

19:45 – 20:00 Dark.

 

Travelling northbound on dual carriageway looking for right turn while travelling at 60mph.

 

Observed sign and checked to see if able to make right turn but unable to turn immediately as another vehicle was coming up on the RHS at high speed. Continued to approach start of central reservation slip road while still travelling in nearside lane slowing all the time to allow vehicle on RHS to complete overtaking manoeuvre.

 

RHS now clear so checked mirror, indicated and moved across right hand lane into central reservation slip road. Now travelling at estimated 30-40 mph and saw lights bright and close behind in mirrors My vehicle had attained the slip lane but the trailer was still in the overtaking lane. Felt heavy impact from rear and continued into slip lane with intention of moving vehicle and trailer to safe place prior to stopping. Passenger reported trailer had detached from towing vehicle. Returned to central reservation on foot and observed other vehicle with drivers door open, airbags deployed and damage to front RHS corner.

 

 

Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

[dw190]

 

Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

 

Your claim is against the other party and should be directed to them. Once the insurers have acknowledged they cover the t/p then your claim is against both.

 

Make sure you have any estimates or prices to put you back in the same position as you were in before the accident.

 

Your claim should be for the full amount unless you have already agreed with the t/p or insurers to accept a percentage.

 

Insurers like slight disputes and 50/50 settlements then both parties NCD are reduced (win win for insurers).