Who do I claim from?
Discussion
I was involved in a collision where I (car A) was in the inside lane; car B was in the middle lane and car C was in the outside lane. I saw car C swerve from the outside lane towards car B and car B swerved to avoid car C and ended up hitting me. Car C, who caused the accident, didn't stop, but car B was the one who actually hit me. Do I need to claim from car B (and then car B has to take the hit because they can't claim from C, although their only damage was from hitting me) or my own insurance because it was car C who caused the accident but didn't stop, so I can't claim from them?
Tom_C76 said:
You claim from the car that hit you. You can chose whther to deal with it via an AMC yourself, but the easy way is to tell your insurers who will claim off the guy that hit you.
Incorrect, you claim off your own insurance that car B hit you. The insurance company then recovers from Car Bs insurance.Mutley said:
Tom_C76 said:
You claim from the car that hit you. You can chose whther to deal with it via an AMC yourself, but the easy way is to tell your insurers who will claim off the guy that hit you.
Incorrect, you claim off your own insurance that car B hit you. The insurance company then recovers from Car Bs insurance.AyBee said:
Mutley said:
Tom_C76 said:
You claim from the car that hit you. You can chose whther to deal with it via an AMC yourself, but the easy way is to tell your insurers who will claim off the guy that hit you.
Incorrect, you claim off your own insurance that car B hit you. The insurance company then recovers from Car Bs insurance.Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
Mutley said:
No, you aren't contacting car B directly, you claim for the damage caused to you on your insurance policy.
Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
Thanks Mutley!Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
If you claim from your own insurance you will have to pay the excess and your NCD will be reduced until your insurer obtains redress from B's insurer, when you will get your excess and NCD back!
If your insurance is due for renewal during this you premium will be higher but you should get some of that back when the NCD is reinstated.
If your insurance is due for renewal during this you premium will be higher but you should get some of that back when the NCD is reinstated.
Mutley said:
No, you aren't contacting car B directly, you claim for the damage caused to you on your insurance policy.
Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
You can either claim off your own insurance, and ask them to recover the money, or you can claim directly off the other party. If car C had stopped, then you or your insurers would claim from them. They were the negligent party. You or your insurers can try and claim against B in this case as C didn't stop, but you may not be successful, if B claims they weren't negligent and had no choice other than to hit you. Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
Just because someone's vehicle damages your vehicle, it doesn't mean they are liable. Only if they are negligent. Of course it may be that B over reacted, and there was negligence.
TwigtheWonderkid said:
Mutley said:
No, you aren't contacting car B directly, you claim for the damage caused to you on your insurance policy.
Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
You can either claim off your own insurance, and ask them to recover the money, or you can claim directly off the other party. If car C had stopped, then you or your insurers would claim from them. They were the negligent party. You or your insurers can try and claim against B in this case as C didn't stop, but you may not be successful, if B claims they weren't negligent and had no choice other than to hit you. Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
Just because someone's vehicle damages your vehicle, it doesn't mean they are liable. Only if they are negligent. Of course it may be that B over reacted, and there was negligence.
AyBee said:
TwigtheWonderkid said:
Mutley said:
No, you aren't contacting car B directly, you claim for the damage caused to you on your insurance policy.
Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
You can either claim off your own insurance, and ask them to recover the money, or you can claim directly off the other party. If car C had stopped, then you or your insurers would claim from them. They were the negligent party. You or your insurers can try and claim against B in this case as C didn't stop, but you may not be successful, if B claims they weren't negligent and had no choice other than to hit you. Motor Insurance doesn't have a cause+effect type clause like your home insurance does. You can only claim for what happened to you - car C didn't hit you, B did.
Just because someone's vehicle damages your vehicle, it doesn't mean they are liable. Only if they are negligent. Of course it may be that B over reacted, and there was negligence.
But the bottom line is that if he wasn't negligent, you can't claim from him. If he was, or partially was, you can, or partially can.
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