Accident claim
Discussion
I am sure it as all above board but any advice would be greatly welcomed
In brief 84yr old MIL's car insured for her and grandson. Grandson was driving, rear ended at a junction and pushed onto car in front. Car was written off and monies, less excess paid out very quickly indeed (about £1400.)
edit - there was another (4th) car (a police car) that rear ended the car behind and admitted liability of starting the whole chain of events at the scene at the time.
Renewal due no more than 2 weeks later and premium was increased by about £150 due to accident now being classed as a "fault claim" despite them actually agreeing it was a "no fault claim really"! After a bit of to and fro this was reduced by 50% and the end of the matter..or so we thought.
Now, almost 6 months later, she has received a letter from solicitors (not insurers LV) saying they have been asked to recover monies and issuing legal proceeding against the 3rd party on HER behalf not the insurers for the sum of £2k! It also states LV have been unable to make recovery from the 3rd part or their insurer.
As an aside in their summary the wrongly states she, "the claimant" was driving which clearly she wasn't.
In the notes of the engagement letter
Court rules only permit name of person who's vehicle involved on claim.
"Most instances" insurers cover their costs!
Fail to return....accident will remain "fault accident" against your policy.....effect No Claims (already has?)
Lose hearing - your no claims may be affected (already has!)
Contract is between you and the solicitor not LV.......may be circumstances where LV refuse to indemnify you under their Collective Conditional Fee Agreement....you have primary responsibility for legal fees!
So over to PH gurus on what to do next....thanks in advance
In brief 84yr old MIL's car insured for her and grandson. Grandson was driving, rear ended at a junction and pushed onto car in front. Car was written off and monies, less excess paid out very quickly indeed (about £1400.)
edit - there was another (4th) car (a police car) that rear ended the car behind and admitted liability of starting the whole chain of events at the scene at the time.
Renewal due no more than 2 weeks later and premium was increased by about £150 due to accident now being classed as a "fault claim" despite them actually agreeing it was a "no fault claim really"! After a bit of to and fro this was reduced by 50% and the end of the matter..or so we thought.
Now, almost 6 months later, she has received a letter from solicitors (not insurers LV) saying they have been asked to recover monies and issuing legal proceeding against the 3rd party on HER behalf not the insurers for the sum of £2k! It also states LV have been unable to make recovery from the 3rd part or their insurer.
As an aside in their summary the wrongly states she, "the claimant" was driving which clearly she wasn't.
In the notes of the engagement letter
Court rules only permit name of person who's vehicle involved on claim.
"Most instances" insurers cover their costs!
Fail to return....accident will remain "fault accident" against your policy.....effect No Claims (already has?)
Lose hearing - your no claims may be affected (already has!)
Contract is between you and the solicitor not LV.......may be circumstances where LV refuse to indemnify you under their Collective Conditional Fee Agreement....you have primary responsibility for legal fees!
So over to PH gurus on what to do next....thanks in advance
Edited by alfie2244 on Sunday 2nd July 16:06
Edited by alfie2244 on Sunday 2nd July 16:16
Gran is the claimant as it's her car and so her loss. LV have presumably been trying to get the money from the car behind hers, but they say no doubt they were stationary too,and blame the cops. Solicitors will claim against the 3rd car and 3rd car will bring in the cops as third party to her claim, or 2nd defendant.
She has to cooperate with insurance company as part of her policy, she can ask them to claim the excess paid too(or agree that liability on that follows the main action) LV will be paying their costs though as it's just their outlay.
Once they get the money back they change it to no fault accident.
She has to cooperate with insurance company as part of her policy, she can ask them to claim the excess paid too(or agree that liability on that follows the main action) LV will be paying their costs though as it's just their outlay.
Once they get the money back they change it to no fault accident.
kowalski655 said:
Gran is the claimant as it's her car and so her loss. LV have presumably been trying to get the money from the car behind hers, but they say no doubt they were stationary too,and blame the cops. Solicitors will claim against the 3rd car and 3rd car will bring in the cops as third party to her claim, or 2nd defendant.
She has to cooperate with insurance company as part of her policy, she can ask them to claim the excess paid too(or agree that liability on that follows the main action) LV will be paying their costs though as it's just their outlay.
Once they get the money back they change it to no fault accident.
Much as I thought myself...many thanks.She has to cooperate with insurance company as part of her policy, she can ask them to claim the excess paid too(or agree that liability on that follows the main action) LV will be paying their costs though as it's just their outlay.
Once they get the money back they change it to no fault accident.
They have added the wrong excess £250 for grandson not £150 for MIL and will also want the increased premium (her 50% - £75) added to the claim or refunded somehow once changed to no fault..
If someone runs into the back of me and pushes me into the car in front of me how do I prove that I didnt simply run into the back of someone and then get rear ended after that ?
I always thought that, to remove these arguments about who hit who first, each person would simply make a claim against the person who has hit them regardless of why ? Hence, I this case, I can't understand why LV haven't been able to get payment from the insurer of the car immediately behind ?
I always thought that, to remove these arguments about who hit who first, each person would simply make a claim against the person who has hit them regardless of why ? Hence, I this case, I can't understand why LV haven't been able to get payment from the insurer of the car immediately behind ?
OddCat said:
If someone runs into the back of me and pushes me into the car in front of me how do I prove that I didnt simply run into the back of someone and then get rear ended after that ?
I always thought that, to remove these arguments about who hit who first, each person would simply make a claim against the person who has hit them regardless of why ? Hence, I this case, I can't understand why LV haven't been able to get payment from the insurer of the car immediately behind ?
The number of bangs each driver felt may help.I always thought that, to remove these arguments about who hit who first, each person would simply make a claim against the person who has hit them regardless of why ? Hence, I this case, I can't understand why LV haven't been able to get payment from the insurer of the car immediately behind ?
i.e grandson only felt 1 hence we know (police car) No4 hit No3 who then hit No2 (Gson) who then hit 1st car....other wise gson would have felt 2 bangs and No1 would have felt 3.....................I think
alfie2244 said:
The number of bangs each driver felt may help.
i.e grandson only felt 1 hence we know (police car) No4 hit No3 who then hit No2 (Gson) who then hit 1st car....other wise gson would have felt 2 bangs and No1 would have felt 3.....................I think
This was what it came down to when I had a similar accident on a roundabout. I felt one bang where someone went into me, they had two bangs - one when they were hit and another when they hit me.i.e grandson only felt 1 hence we know (police car) No4 hit No3 who then hit No2 (Gson) who then hit 1st car....other wise gson would have felt 2 bangs and No1 would have felt 3.....................I think
Subsequent incidents have been much easier to deal with - I feel a bang, get out, look at the tow hitch imbedded in someone's grille, have a chuckle and get on with my day.
It's all a matter of evidence. If a car has stopped and is then pushed into another, why should they pay,there has been no negligence.
Worst one I recall was 4 large saloons,all saying they were pushed into the car in front by the one behind...till the last blamed the car behind for ALL damage. That last car was a classic Mini with a tiny dent in its chrome bumper
Worst one I recall was 4 large saloons,all saying they were pushed into the car in front by the one behind...till the last blamed the car behind for ALL damage. That last car was a classic Mini with a tiny dent in its chrome bumper
MIL's insurers paid out for her car (No2 in the line) within a week but I am guessing No3's insurers don't want to pay out as it was No4 (the police car) that started the chain of events and admitted liability at the scene at the time.
At the moment the MIL's claim is classed as a "fault" claim and her renewal premium was increased. Once No3 pays up her insurers should then re-class it as a "no fault" claim and refund the extra premium.
Just checked policy and found excess amount deducted for grandson driving was actually £450 not the £150 included in the claim forms so have spoken to them to amend the claim and change it from the MIL to the grandson as the driver.
All does seem a bit complicated to my mind but we will see where it goes.
At the moment the MIL's claim is classed as a "fault" claim and her renewal premium was increased. Once No3 pays up her insurers should then re-class it as a "no fault" claim and refund the extra premium.
Just checked policy and found excess amount deducted for grandson driving was actually £450 not the £150 included in the claim forms so have spoken to them to amend the claim and change it from the MIL to the grandson as the driver.
All does seem a bit complicated to my mind but we will see where it goes.
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