Insurance - claim on top of a claim

Insurance - claim on top of a claim

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Discussion

AyBee

Original Poster:

10,527 posts

202 months

Thursday 5th May 2016
quotequote all
A mate of mine was knocked off his bike by a van last week; the van has admitted fault and bike/kit damage will be sorted by the van's insurance, however, he was knocked off into a taxi, damaging the taxi's front grille. The taxi driver has had this replaced and is now hassling my mate for a cheque or postal order for the repair (and being quite aggressive about it). Obviously this is all the van's fault, but should the taxi be claiming directly from the van, or does he have to claim from my mate, who then claims from the van? confused

P.S. Cycling mate is insured also.

Magic919

14,126 posts

201 months

Thursday 5th May 2016
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Tell the taxi guy it'll be passed to the van's Insurer for settlement.

anothernameitist

1,500 posts

135 months

Thursday 5th May 2016
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Good on your mate been insured.

He needs to go through his insurance, that's what he pays his premium for.

Give van details to insurance .

snorky782

1,115 posts

99 months

Thursday 5th May 2016
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anothernameitist said:
Good on your mate been insured.

He needs to go through his insurance, that's what he pays his premium for.

Give van details to insurance .
Seriously? It's a motorbike, do you think motorbikes are normally uninsured.

The rest of your post is equally nonsensical.

The motorbike rider should point the taxi driver at the van's insurer and that's it.

bodhi808

211 posts

179 months

Thursday 5th May 2016
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snorky782 said:
Seriously? It's a motorbike, do you think motorbikes are normally uninsured.

The rest of your post is equally nonsensical.

The motorbike rider should point the taxi driver at the van's insurer and that's it.
How do you know it was a motorbike? The last statement of the OP suggests it was a bicycle.
AyBee said:
P.S. Cycling mate is insured also.
Refer taxi driver to his insurance company, that's what they're for.

AyBee

Original Poster:

10,527 posts

202 months

Thursday 5th May 2016
quotequote all
It was a bicycle.

snorky782

1,115 posts

99 months

Thursday 5th May 2016
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bodhi808 said:
snorky782 said:
Seriously? It's a motorbike, do you think motorbikes are normally uninsured.

The rest of your post is equally nonsensical.

The motorbike rider should point the taxi driver at the van's insurer and that's it.
How do you know it was a motorbike? The last statement of the OP suggests it was a bicycle.
AyBee said:
P.S. Cycling mate is insured also.
Refer taxi driver to his insurance company, that's what they're for.
Oops, I saw kit and went to motorbike. Apologies all withdrawn.

TooMany2cvs

29,008 posts

126 months

Thursday 5th May 2016
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AyBee said:
A mate of mine was knocked off his bike by a van last week; the van has admitted fault and bike/kit damage will be sorted by the van's insurance, however, he was knocked off into a taxi, damaging the taxi's front grille. The taxi driver has had this replaced and is now hassling my mate for a cheque or postal order for the repair (and being quite aggressive about it). Obviously this is all the van's fault, but should the taxi be claiming directly from the van, or does he have to claim from my mate, who then claims from the van? confused

P.S. Cycling mate is insured also.
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.

Jujuuk68

363 posts

157 months

Thursday 5th May 2016
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[quote=TooMany2cvs]
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.[/quote

Total rubbish.

You go to the proximate cause of the accident. Taxi driver goes to van insurer. There is no negligence (presumably, given the admission of liability from the van driver) against the cyclist here,and so the taxi has no cause of action to pursue him in common law. He can point to the negligence of the van, and thus in common law, this is where he claims. The whole basis of a third party claim is that someone failed in their common law duty of care. You seek redress from them for their negligence, and insurance companies exist to provide cover to third parties for the insured's possible future negligent acts.



Retroman

965 posts

133 months

Thursday 5th May 2016
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TooMany2cvs said:
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.
The Taxi cannot claim from the cyclist because the cyclist has not been negligent.

Blue Oval84

5,276 posts

161 months

Thursday 5th May 2016
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Retroman said:
TooMany2cvs said:
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.
The Taxi cannot claim from the cyclist because the cyclist has not been negligent.
I was at the front of a four car pile up, caused by the car at the rear. I claimed from the car at the rear. To suggest I would have claimed off the car that hit me is ludicrous.

snorky782

1,115 posts

99 months

Thursday 5th May 2016
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Blue Oval84 said:
I was at the front of a four car pile up, caused by the car at the rear. I claimed from the car at the rear. To suggest I would have claimed off the car that hit me is ludicrous.
And so opens up another can of worms.

You'd claim off whichever car caused the one behind you to hit you. It might be the car just behind, the car behind that, or the one at the back. It all depends.

Blue Oval84

5,276 posts

161 months

Thursday 5th May 2016
quotequote all
snorky782 said:
Blue Oval84 said:
I was at the front of a four car pile up, caused by the car at the rear. I claimed from the car at the rear. To suggest I would have claimed off the car that hit me is ludicrous.
And so opens up another can of worms.

You'd claim off whichever car caused the one behind you to hit you. It might be the car just behind, the car behind that, or the one at the back. It all depends.
Sorry I should have clarified, it was the car at the back that caused the whole thing. Hence he had three of us claiming off him...

GC8

19,910 posts

190 months

Thursday 5th May 2016
quotequote all
Jujuuk68 said:
TooMany2cvs said:
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.
Total rubbish.

You go to the proximate cause of the accident. Taxi driver goes to van insurer. There is no negligence (presumably, given the admission of liability from the van driver) against the cyclist here,and so the taxi has no cause of action to pursue him in common law. He can point to the negligence of the van, and thus in common law, this is where he claims. The whole basis of a third party claim is that someone failed in their common law duty of care. You seek redress from them for their negligence, and insurance companies exist to provide cover to third parties for the insured's possible future negligent acts.
Most of his excessive know-it-all posting could be described thus.

Edited by GC8 on Friday 6th May 02:41

snorky782

1,115 posts

99 months

Thursday 5th May 2016
quotequote all
Blue Oval84 said:
snorky782 said:
Blue Oval84 said:
I was at the front of a four car pile up, caused by the car at the rear. I claimed from the car at the rear. To suggest I would have claimed off the car that hit me is ludicrous.
And so opens up another can of worms.

You'd claim off whichever car caused the one behind you to hit you. It might be the car just behind, the car behind that, or the one at the back. It all depends.
Sorry I should have clarified, it was the car at the back that caused the whole thing. Hence he had three of us claiming off him...
I knew what you were saying, but you know how everyone then comes up with the other scenarios just to make it confusing smile

Nigel Worc's

8,121 posts

188 months

Thursday 5th May 2016
quotequote all
Blue Oval84 said:
Retroman said:
TooMany2cvs said:
Yep, that's the way it'd normally work.

Van hits bike. Bike claims from van.
Bike hits taxi. Taxi claims from bike who claims from van.

The taxi driver had no involvement with the van. How the van vs bike claim gets settled is not his problem.
The Taxi cannot claim from the cyclist because the cyclist has not been negligent.
I was at the front of a four car pile up, caused by the car at the rear. I claimed from the car at the rear. To suggest I would have claimed off the car that hit me is ludicrous.
It was many years ago (about 20 years ago), but I was in the same situation as you, but with the opposite experience.

CYMR0

3,940 posts

200 months

Friday 6th May 2016
quotequote all
Maybe the insurers of the innocent driver that hit you passed the claim on to the correct insurer as a courtesy, or just the easiest way of defending the claim, but unless that driver hit you and was then hit in turn (which is not what happened here) he had no liability.

At worst, innocent drivers might have to deal with their own damage if they have no one to claim from. The law wouldn't treat the driver at the front as a special case and make him deal with two claims (yours and his) just so you can deal with none.

The taxi driver is just the second claimant against the original driver.

TwigtheWonderkid

43,317 posts

150 months

Friday 6th May 2016
quotequote all
You cannot claim off a third party who has not been negligent. End of story.

(Unless your car gets damaged by a wild animal that has escaped. Even if the owner of the wild animal has not been negligent, say a meteor hits the enclosure and the rhino escapes, the owner is still responsible in law. So unless your car has been damaged by an escaped rhino, or other captive wild animal that has got out, forget it.)


Edited by TwigtheWonderkid on Friday 6th May 08:39

AyBee

Original Poster:

10,527 posts

202 months

Monday 9th May 2016
quotequote all
Thanks all smile