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21st January 2019, 16:13 | #11 |
This is my second home
Rover 75 Saloon & Tourer Join Date: Sep 2012
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I had a coming together with someone with the same insurance company but did not have any issues. The other party was held responsible
macafee2 |
21st January 2019, 16:49 | #12 |
This is my second home
MG ZT-T 190 Join Date: Jun 2009
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Likewise, both with tesco, no hassle at all from the insurance company.
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23rd January 2019, 09:20 | #13 |
This is my second home
Rover 75 cdt club + Rover 2.5 KV6 Conni SE Join Date: May 2008
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I agree with your suggestion about phoning the police. And your comment about rear facing dash cams..............I have one in the back and front. When /if those behind seem to notice the camera in the rear, they tend to back off.
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23rd January 2019, 12:47 | #14 | ||||
This is my second home
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Errr, what?
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Or look for evidence of phone usage immediately prior to the collision? Quote:
Also suspicion that they were on drugs or using the phone. They may not get much in the way of punishment - but it goes toward making a case for blame. Quote:
Doesn't always go that way... any doubt and they'll try and 50/50 it. Why? because then both drivers will end up paying more in insurance one way or another.
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23rd January 2019, 13:17 | #15 | |
This is my second home
MG ZT 2.0 CDTI+ in Typhoon, MG TF 135 in Typhoon & Rover 75 Connoisseur CDTI SE in Pearl Black Join Date: Oct 2012
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If you or me were caught speeding whilst on the phone that would be what 6 points for being on the phone + points for speeding and a fine. Anyways in an update to this, had a call from the assessor informing us that he has pushed the repair through so the back bumper will be replaced by Ford. Damn right! |
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23rd January 2019, 14:25 | #16 |
Posted a thing or two
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As regards the lack of justice in Deanna's earlier collision, I would pursue it with the police complaints authority. They can at least justify why they thought it not prudent to go for a conviction. You should have the right to know why.
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23rd January 2019, 16:42 | #17 |
Gets stuck in
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A few years ago I had a knock on the door and the postman said that he had bumped into my parked car outside in the road and handed me the details of who to call to sort out the insurance and repair.
The Post Office insure themselves but when I contacted them they said that I had to go through my own insurance company who would claim the money back off Royal Mail. I wasn't happy at all as I see no reason whatsoever to even get in touch with your own insurance company when you are claiimning off another party. Reluctantly I contacted my own insurance company who said that this procedure was correct and that basically I would be claiming through them and they would recover the money off Royal Mail. When I naturally asked what would be the situation with my no claims, my own company sauid that I would temporarily lose it while the whole matter was sorted out and that it would be restored in full as soon as Royal Mail settled up. To say that I was getting a touch tetchy at this point would be the understatement of the century. I pointed out that my insurance renewal premium was due in two weeks time and surely if my no claims was temporarily removed that I would through no fault of my own have to come up with a wacking big increase in my premium if even for a short time until the no claims was restored. My insurance company confirmed that i would have to initially pay an increased premium due to a reduced no claims bonus but everything would be fine as I would be reimbursed as soon as Royal Mail settled with them. Bursting a gasket at this point and wondering why on earth i was dealing with the idiots at my insurance company instead of just sorting it out with Royal Mail I recontacted Royal Mail and played merry hell until they backed down and said that they would just sort it out themselves. I still can't believe that my own insurers wanted to get involve ( they said that this was the industry standard procedure) and were quite prepared to remove my no claims whilst a 'no fault of mine' claim was sorted out with a third party. |
24th January 2019, 15:22 | #18 | ||||
This is my second home
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I'm afraid you have missed the point. A key part of the OP's rant is that his insurer has refused to supply to him details of the other party's insurance policy so that he can "claim directly off their policy". My view is that under no circumstances is one party be able to claim directly off another party's insurance policy. It has to be facilitated by the other party, or not. This is because when one party damages another's car, person etc. the liability for this rests with the party that caused the damage, not "their insurer or representative". This is why in any court case it is the person who caused the damage that is in the dock and not their insurer or any representative. The insurer is there to provide indemnity when the insured faces costs resulting from his/her actions. If you read between the lines, the OP's case appears to be one where the two parties involved in an incident have given different inputs to their respective insurers about the severity of the incident. That is most likely why the insurer would have marked the case as a "low impact collision". Ask yourself a question - would you want a third party to have the ability to make a claim directly off your insurance policy if you have chosen not to facilitate this by providing your insurer's details? I would not wish this to happen and nor I believe would any straight thinking person. The ability to do this would lead to a rise in frivolous claims. Now, to answer your specific questions/points, So that a driver who causes damage to another's property or person is capable of compensating the other party for the damage caused. The legal requirement to have third party insurance is the mechanism for ensuring this position exists. Quote:
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The negating of the no-claims is on the basis of who is deemed to be at fault and therefore pays for the damage. This is irrespective of whether you deal with your own insurer or directly with the other party's insurer. If the other party is deemed to be at fault, your insurer will try to recover costs from the other party and if successful, will mark it as a no-fault claim thus protecting your NCD. If you disagree with my views on liability, please show a legal, procedural or code of conduct document which supports what you say. Last edited by MSS; 24th January 2019 at 15:26.. |
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24th January 2019, 23:54 | #19 | |||||||
This is my second home
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Ahh, I have, have I? Quote:
Well, perhaps you'd better check the contract you have with your insurance then. Quote:
No, really? both parties involved in an accident disagreeing somewhat over the details how (not) surprising! Quote:
Doesn't really matter what you want. Either provide your insurance details or end up being chased for thousands in damages. Up to you isn't it? Actually, if another person has been injured then you must provide your insurance details. Also regardless of injury you must report the accident to the police within 24 hours. RAC advises that you provide your insurance details anyway. Besides, what good do you think witholding your details will do? As you have to give your name and address, and the car registration number and the owner's name and address anyway. A simple enquiry at ask MID will provide all the relevant details. http://www.askmid.com/askmidenquiry.aspx Quote:
You completely miss the point of my remark here. How does someone with only third party insurance make a claim when someone else is at fault if they can't claim against the other driver('s insurance)? They can't make claim against their own as they are only ... 3rd party insured! Quote:
Well, show me an insurance contract that allows the party causing damage to settle without telling their insurance. As I said, once insured the insurer has full control in the matter. Settling without telling the insurer is failure to report a material fact and will void your insurance. Quote:
How wrong can you be? The only thing the driver being claimed against can do is to counter-claim. Call that contesting if you will, but basically it boils down to making a statement about the circumstances of the accident. At some point the insurers will agree a balance of blame and divide compensation in line with that ratio. Quote:
(liability isn't being argued here - that is down to individual cases) I've no need to show any documents, and could equally ask you to provide the same evidence in support of your own argument. However all you need do is actually read your full contract of insurance and any accompanying documentation. And actually check with the .gov guidelines. What you choose to believe is your business. What you advise others isn't. I'm no more, or less, a legal insurance expert than yourself. I'm just highlighting that I believe (based on my own experiences of the insurance process post accident, and what I can easily find authorative source for online) that you are so far from correct that any advice you give anyone else in this area is likely to mislead. In my opinion: Anyone involved in an accident where the sum involved is greater than around £1000 should seek completely independent qualified legal advice from a qualified solicitor that specialises in accident insurance. Forget using the legal insurance - which will just provide you an unqualified and inexperienced person to your case. P.S. The No Claims Discount and how that may be removed or provided is at the discretion of the (individual) insurer (e.g. protected no claims);e.g. some insurers don't offer NCD) however, be clear - it's called 'no claims discount' and not 'no fault discount' for a reason... if you claim against your insurance for any reason - even if they eventually recover all costs from the other party's insurance they can still reduce or negate entirely your no claims discount if that's permitted by their contractual terms with the insured. They can inf fact (but usually only after very serious accidents which are their insured clients fault) cancel the remainder of the insurance term retaining the full payment for the insurance.
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25th January 2019, 00:00 | #20 |
This is my second home
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And for Rick - just in case this was lost in the massive post above.
If you have the registration number of the other vehicle and reasonable ground for requesting their insurance details go here and pay the small fee. http://www.askmid.com/askmidenquiry.aspx And feel free to claim directly. Although I'd recommend legal advice, the only trouble with legal advice is that you are actually limited as to the total value of legal assistance that can be provided based on the probable value of the claim. This is because the courts will not now award expenses that outweigh the claim itself. (there's an actual fixed scale of allowable costs). Look for free consultations to find out the basic details.
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Need a T4 ?: T4 Owners Map thanks to Stevestrat ( use at your own risk) Where?: https://en.wikipedia.org/wiki/Tanelorn Mods/Retrofits: PCV vortex 'filter'; bluetooth; inline thermostat; reversing sensors; plenum spyhole ; headlamp washers ; Diy mp3 player replacing CD multichanger; FBH with remote; Headlamp washers; black/chrome front grille, rear blind; Xenon projectors To do: puddle lights; 2 Din cd/nav to fit; boot release button |
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