Author: numan
IF I CLAIM AGAINST MY DRIVER, WILL THE AFFECT THE DRIVERS INSURANCE?
When an accident happens, it is likely the driver the vehicle will have reported the accident to his insurance company. The minute the accident is reported, the insurance of the driver will be affect as having a claim registered against the policy.
Once a claim is registered against the policy it generally makes very little or no difference if the passengers make a claim against the drivers insurers especially if someone else has made a claim against the driver or even if the driver claims for his / her own damage.
We will always advise the passengers to make a claim for their losses as the drivers insurers will settle the claim in full.
SHOULD I CLAIM AGAINST MY DRIVER?
Many people are understandably are hesitant in claiming against their driver, especially if the person is a friend or family, but the main thing to keep in mind is that the insurance company of the driver will deal with the claim in full.
You are technically claiming against the driver but it is the insurance company who pay out the damages.
If you have suffered injury and or losses as a result of an accident then we will always advise you to make a claim as that is your legal right.
WHAT IF MY DRIVER WAS AT FAULT FOR THE ACCIDENT?
Not all accidents are straightforward and when another driver is at fault then a claim would be made against that person and his or her insurers.
One of the biggest misconceptions is that when the passengers in a vehicle are involved in an accident, the passengers cannot make a claim against their driver. This is not correct and the fact of the matter is that passengers can make a claim against their driver as they were the innocent party; their claim should be dealt in full.
I AM NOT SURE WHO WAS AT FAULT, WHO SHOULD I CLAIM AGAINST?
Initially a claim can be submitted against the other driver if it is not known who is at fault.
If the other driver’s insurance company does not deal with the claim, then on a without prejudice basis a passengers claim can be submitted against the driver of the vehicle where the passenger was sat.
It is not necessary to blame the driver for the vehicle for the accident but a claim can be submitted to the driver’s insurance company to ask them to deal with the claim on a without prejudice basis (without blame) as you were the innocent passenger.
The passengers can have their claim dealt with even if fault cannot be established between the two vehicles as the passenger was the innocent party.
WHAT IF THE OTHER DRIVER DOES NOT ACCEPT FAULT?
In certain cases, you will get both parties disputing liability. In this instance, Versus Law will carry out an in-depth investigation to determine who is at fault. If necessary we will contact any witnesses to support your claim if we believe you are not responsible. Even if the accident was PARTLY your fault, then don’t worry, you may still have a claim
I WASN’T WEARING A SEAT BELT, CAN I STILL CLAIM?
Not wearing a seat belt, does not mean you are not able to claim.
You are still entitled to make a claim but the insurers may make a reduction to your damages ranging from 15-25% depending on the level of injury suffered and the circumstances of the claim.
WHAT IF THE VEHICLE WAS STOLEN?
If an accident happens and the vehicle had been stolen at the time of the collision, then you can still claim for your losses.
The possible situations are as follows:
- Vehicle is stolen, but it was insured, the culprit not found = MIB UNTRACED
- Vehicle is stolen, but it was insured, the culprit found = insurance company will deal with the claim
- Vehicle stolen, not insured, the culprit found = MIB UNINSURED
WHAT IF THE OTHER DRIVER WAS NOT INSURED OR CANNOT BE LOCATED?
In the case of a Road Traffic Accident; when making a claim against another driver, in most cases, they will be insured and we would make a claim against their insurers. However, a significant amount of drivers are uninsured or cannot be traced and in this instance, we would make a claim to the Motors Insurance Bureau (MIB). The MIB was set up to compensate victims of untraced and uninsured drivers. So don’t let this hold you back from making a claim.
WHAT SHALL I DO IF AN INSURER CONTACTS ME DIRECTLY / OR MAKES AN OFFER OF SETTLEMENT?
If an insurance company contacts you direct or any other company other than us wanting to discuss your claim then please pass them our details and hang up.
Insurers try to contact clients direct and attempt to severely under settle claims in the hope a client will be tempted with the offer.
We will make sure your compensation reflects the level of damage you have suffered and based on past experiences, the offer made by the insurers is ALWAYS beaten significantly by us when a client takes our advice.
WILL YOU ARRANGE TREATMENT FOR ME?
If you require treatment, such as physiotherapy or CBT for psychological injury, chiropractor etc then we can arrange the treatment for you to assist your recovery.
The treatment provided to you will be paid for by the Defendant insurers therefore you will not need to worry about the cost.