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insurance claim help and advice


prelude22
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hi can any one tell me why my insurance company are not persuing a clam against another party

i meet a car head on on the street were i live stopped but he hit me my insurance company say its 50/50 but if i stopped does that not mean other driver is a fault as he hit me.

i have third party fire and theft and they said i would not be able to claim for repaires can i push this in any way?

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You will probably find that the other party has also stated that they were the one that stopped and that you were the one that hit them. Unfortunately it becomes your word against theirs and without impartial witnesses who are willing to provide a statements to confirm the full facts, you will be extremely unlikely to be able to pursue a successful claim.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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It all depends on the circumstances of the claim and what you can prove, if the TP was in your path and you had nowhere else to go (I.e he was on your side of the road, perhaps overtaking or something) then the chances are its gona be in your favour as you had nowhere else to go to and you couldn't have prevented it. If it was the opposite way around and you were in THEIR path, then it would probably be shown to be your fault for the same reasons. If its not clear who was where and when, then most insurance companies will decide on a split liability (50/50) claim to save time. have you done any diagrams or anything or were there any witnesses? if not, then chances are you're not gona get far, and with only TPFT cover, your car wont be repaired.

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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With TPFT cover your insurers would not puruse a claim against the other party anyway, even if the other insurer's admitted liability. You are only covered for damage you cause to another person (third party) in respect of an accident. they will only deal with damages to your own car if the damage is caused by fire or theft (hence Third Party, Fire and Theft).

 

Your insurer will of course defend your case when the other party tries claiming against you if they feel you weren't at fault.

 

If there are no independent witnesses and conflicting circumstances then a 50/50 is the only realistic settlement. There would be no point in your insurer trying to defend it further, as the case may end up in court and it would be settled 50/50 anyway.

 

That means that you insurer will have to pay 50% of the damage to the other persons car and it will affect your no claims discount.

 

You can also claim 50% of your damages from the other insurers.

 

Although your insurer won't do this for you, if you have legal expenses cover on your policy speak to your insurer (or broker if the policy was taken out that way) and advise them you want to claim against the other party using the legal cover.

 

If you don't (or even if you do but don't want to use the legal cover), contact the other insurer direct and tell them that as they have accepted 50% liability you want them to pay for 50% of your claim.

 

Then send them an estimate and they will most likely offer you cash-in-lieu for 50% of the estimated repair costs (they may send an engineer to inspect your vehicle first).

 

Let me know if you have any problems.

  • Haha 1
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Excellent advice never shay die...

Yes if you had legal expenses cover you could push for 50% of the damage, and you will probably get a cash payout.

Good thinking mate, clicked those scales for ya!

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