Rear end collision liability question
Discussion
TwigtheWonderkid said:
If you read the third party section on your policy, it'll say that it provides cover for the policyholder's legal liabilities to third parties, up to a set limit (£50m property damage, unlimited injury). Legal liabilities is the key phrase. You are not legally liable for damages or injury caused to third parties unless you have in some measure been negligent. Having a heart attack is not negligent (unless you haven't taken medication etc), waiting behind someone in a line of traffic and being struck and pushed into them is not negligent. That's why people should have comp insurance, to pick up damage done to their car where no one else was negligent.
Are you trying to explain automatism as a defence or some other principal?BlueHave said:
I thought the uninsured driver got sued by all the other parties insurance companies for all the cost.
If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
MIB. If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
Edited by BlueHave on Saturday 1st October 21:56
Boosted LS1 said:
BlueHave said:
I thought the uninsured driver got sued by all the other parties insurance companies for all the cost.
If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
MIB. If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
Edited by BlueHave on Saturday 1st October 21:56
JonV8V said:
TwigtheWonderkid said:
If you read the third party section on your policy, it'll say that it provides cover for the policyholder's legal liabilities to third parties, up to a set limit (£50m property damage, unlimited injury). Legal liabilities is the key phrase. You are not legally liable for damages or injury caused to third parties unless you have in some measure been negligent. Having a heart attack is not negligent (unless you haven't taken medication etc), waiting behind someone in a line of traffic and being struck and pushed into them is not negligent. That's why people should have comp insurance, to pick up damage done to their car where no one else was negligent.
Are you trying to explain automatism as a defence or some other principal?TwigtheWonderkid said:
I'm explaining that you should read your policy and then read up on the law of tort, (I suggest you focus on snails in ginger beer), to see what your legal liabilities to third parties are.
You need to read up more than just tort - I was helping you by giving you the answer but you chose to not understand it. ging84 said:
The road traffic act governs road traffic insurers liabilities.
RTA insurers must provide insurance for damage/injuries caused by or arising from the insurer vehicles' use on the road, this is not limited to negligence.
Without there being more to the story, there should be absolutely no reason the 3rd party insurer would not have paid out this claim.
There can be no claim from a tp without negligence. That's why insurers will never pay in these circumstances. Car A damaging car B is not enough, as per my lorry/car/Aston Martin example. RTA insurers must provide insurance for damage/injuries caused by or arising from the insurer vehicles' use on the road, this is not limited to negligence.
Without there being more to the story, there should be absolutely no reason the 3rd party insurer would not have paid out this claim.
See attached link:
https://www.theguardian.com/money/2016/mar/12/driv...
TwigtheWonderkid said:
Boosted LS1 said:
BlueHave said:
I thought the uninsured driver got sued by all the other parties insurance companies for all the cost.
If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
MIB. If that is the case then what happens should the uninsured knobhead have no money apart from his jobseekers and big television.
Edited by BlueHave on Saturday 1st October 21:56
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff