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How Does Motor Legal Cover Work As A Passenger?


YellowApple
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Good Afternoon,

 

I have recently been involved in RTC as a passenger. The driver has motor legal cover and I have sustained injury which has prevented me from going to work and has incurred some costs. The 3rd party is likely at fault although this has not been finalised (they went through a red light and we could not stop) and our car is written off.

The car insurance company has it's own branch of legal services-are we obliged to use them as they review terribly, or are we able to go via someone else and get our legal costs covered? Or does this only happen if we use the legal service linked to the car insurance?

As a passenger, I do not know whether I am covered to do this or not. My own car insurance says I would only be covered by them if I was in my own vehicle (and I was not). I also do not know what would happen if (in the small eventuality both parties are at fault) I then have to claim from my driver's insurance for injury as well as the 3rd party. I can't help but feel there is a conflict of interests there. 

 

Any advice appreciated, I have never had the misfortune to have to do this before and it is all terribly confusing, not least because I can't speak to anyone as I am not the policy holder. 

 

Thank you!

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Hello and welcome to CAG.

 

We have a team member who is good at insurance claims and I'll flag your thread for them.

 

I met someone a while ago who had an accident and his partner was injured in the crash. She claimed against him as a driver, I'm not sure it went very legal. But please wait for more comments.

 

Best, HB

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Illegitimi non carborundum

 

 

 

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Given the accident involves you as a passenger in a car, where a third party appears to be responsible for the accident, then I would think best approach is to use your own Solicitors.  You should be able to find a No Win no fee arrangement, if that is what you would require.  Be aware that such an arrangement, will include the Solicitors taking up to 25% of any amount awarded.  

 

Not sure whether the legal expenses cover under the drivers policy of the car you were a passenger in, would cover you or not.  I would think that the contract is between the policyholder and the Insurers, therefore could not be any requirement for you to go through them.

 

Once you have a Solicitor set up to act for you, they will explain how they intend to make the claim for you.  This could involve a potential Court claim against the driver of the car you were a passenger in, which the drivers Insurers would deal with.  Depends on the accident information obtained.  The way the accident is described, I should imagine any claim would be against the third party.

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