Accident advice

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SAS Tom

Original Poster:

3,661 posts

188 months

Wednesday 12th February
quotequote all
Hi All,

Yesterday I had some drive into the back of me. Pretty open and shut case as far as liability but need some advice on what to do as it isn’t as straightforward as I thought it might be.

I put a claim in with my insurance as after speaking to the third party we agreed that it was the best option to go through insurance. Their insurance company has contacted me already to try and get me to sort it all out through them, offering a hire car etc. I opted against this as it was very difficult to understand their claims handler and I didn’t really want them to be dictating to me about how the car is repaired etc. I told them that I had already started the claim with my insurer and they were dealing with it.

I’d like to know what else I need to do. My insurer said as I don’t have motor legal protection with them, they would just recommend a company to pursue for the rest of the claim but I’m not sure how this works? Do my insurance company just organise fixing my car but I need to go through a different company for anything like injury/belongings?

They have recommended a company called minster law. Are they good or is there a PH favourite to use?

E-bmw

10,961 posts

166 months

Wednesday 12th February
quotequote all
SAS Tom said:
Hi All,

Yesterday I had some drive into the back of me. Pretty open and shut case as far as liability but need some advice on what to do as it isn’t as straightforward as I thought it might be.

I put a claim in with my insurance as after speaking to the third party we agreed that it was the best option to go through insurance. Their insurance company has contacted me already to try and get me to sort it all out through them, offering a hire car etc. I opted against this as it was very difficult to understand their claims handler and I didn’t really want them to be dictating to me about how the car is repaired etc. I told them that I had already started the claim with my insurer and they were dealing with it.

I’d like to know what else I need to do. My insurer said as I don’t have motor legal protection with them, they would just recommend a company to pursue for the rest of the claim but I’m not sure how this works? Do my insurance company just organise fixing my car but I need to go through a different company for anything like injury/belongings?

They have recommended a company called minster law. Are they good or is there a PH favourite to use?
If it is a straight cut case as you are implying, why would you need legal assistance?

Steve57

2,172 posts

256 months

Wednesday 12th February
quotequote all
If this was me, i would let the other parties insurance company deal with it, basically admitting fault and repairing your car. if you go via your insurance it will most likely be through a third party claim company that charge extortionate rates

Sebring440

2,695 posts

110 months

Wednesday 12th February
quotequote all
SAS Tom said:
but I need to go through a different company for anything like injury/belongings?
You were injured and your belongings damaged? Is that correct?

BUG4LIFE

2,313 posts

232 months

Wednesday 12th February
quotequote all
I find it very strange that there isn't one, and only one, way of sorting insurance, should you be at fault or not. It shouldn't be complex or have decisions to make...it should be one, recognised, simple system to follow. The OP will have people here saying go through your own insurance and an equal number saying use the third party. Which is the correct way?! It shouldn't stress the OP, which I can understand why it might. Sorry I can't help you man.

SAS Tom

Original Poster:

3,661 posts

188 months

Wednesday 12th February
quotequote all
I’ve asked about legal assistance because my insurance company have advised me to speak to a law firm. It was literally the first thing they did. I thought because I’d spoken to my insurance company they would deal with everything but that doesn’t seem to be the case.

I don’t know what the next steps are which is why I’m asking.

Freakuk

3,839 posts

165 months

Wednesday 12th February
quotequote all
IMO just let your insurance company deal with their insurance company, it's what you are paying them to do.

If you have any injuries etc go and get them checked out professionally, get a report and then speak to your insurance as how to proceed.

Drawweight

3,285 posts

130 months

Wednesday 12th February
quotequote all

Your own insurance company will only cover injuries if you had taken out personal accident cover.

The advice to contact a third party is probably going to be correct.

Yellow Lizud

2,647 posts

178 months

Wednesday 12th February
quotequote all
SAS Tom said:
I’ve asked about legal assistance because my insurance company have advised me to speak to a law firm. It was literally the first thing they did. I thought because I’d spoken to my insurance company they would deal with everything but that doesn’t seem to be the case.

I don’t know what the next steps are which is why I’m asking.
OK, it would make it easier for others to help you if you said what you wanted the insurance company to do.

What are you hoping they will pay for?

Your CAR insurance is for damage to your CAR (+any 3rd party damage if you are at fault).
If you wish to claim for anything else, injury, personal belongings, lost earnings, etc, you will probably need to go down another route.

What does your insurance policy say it covers?

WonkeyDonkey

2,470 posts

117 months

Wednesday 12th February
quotequote all
Your insurers won't be putting you in touch with a law firm. It'll be an accident management company.

Speak to the third parties insurers, take their hire car and tell them where you want it repaired. They will more than likely agree as it'll be a million times cheaper for them than you having an accident management company deal with it.

Yellow Lizud

2,647 posts

178 months

Wednesday 12th February
quotequote all
BUG4LIFE said:
I find it very strange that there isn't one, and only one, way of sorting insurance, should you be at fault or not. It shouldn't be complex or have decisions to make...it should be one, recognised, simple system to follow.
It sort of is, if you tick all the right boxes when you take out the policy and then contact your own insurance co if you want to claim.

Unfortunately too many people just go for the cheapest option without really bothering to work out what they are actually paying for and then want to try and be 'clever' when they have a claim.

BUG4LIFE

2,313 posts

232 months

Wednesday 12th February
quotequote all
Yellow Lizud said:
BUG4LIFE said:
I find it very strange that there isn't one, and only one, way of sorting insurance, should you be at fault or not. It shouldn't be complex or have decisions to make...it should be one, recognised, simple system to follow.
It sort of is, if you tick all the right boxes when you take out the policy and then contact your own insurance co if you want to claim.

Unfortunately too many people just go for the cheapest option without really bothering to work out what they are actually paying for and then want to try and be 'clever' when they have a claim.
Obviously we don't know what boxes the OP ticked, but it sounds like he just wants his car repaired [and not have to go with whoever the other guys insurance company says he has too]...however, as predicated, there is conflicting opinions whether he should go through his insurance company or not?! And it sound like his insurance company are making the process more difficult.

simon_harris

2,079 posts

48 months

Wednesday 12th February
quotequote all
I am in a similar situation where someone went into the back of me at a round about but I do have legal cover. In the first instance I contacted my insurance company and they were very insistent I use their recommended accident management co which I refused.

They would have continued to manage the claim but I also spoke to the third parties insurance co and they were very helpful (and obviously keen to manage the claim) so I decide to let them proceed with that.

I have engaged the legal cover team to manage the injury claim, but the third parties company would have done that also.

for reference my insurance co is Admiral, and the third parties is Direct line, my car is being collected for repair on Friday and my hire car was delivered yesterday, the accident happened on 16th Jan (my car is drivable so I have been in no super hurry)


davek_964

10,067 posts

189 months

Wednesday 12th February
quotequote all
When I had a non-fault accident, the third party insurers admitted liability very quickly so I dealt with them.

I got to choose where it was repaired (I would not have let them deal with it otherwise) and was offered a like for like car. I had no problems with it, except for a disagreement with them because I wanted the car collected for repair - because it was driveable, they initially refused, but were persuaded it was in their best interests to collect it.

By coincidence, I was also Admiral and the third party was also Direct Line - they handled it well enough, and seemed helpful. I notified my insurers, but since I told them clearly I was claiming via the third party we didn't have a conversation about accident management companies or lawyers.

This was a few years ago mind you (2018 I think).

KungFuPanda

4,510 posts

184 months

Wednesday 12th February
quotequote all
There are two losses to be considered here. Your insured loses sea and your uninsured losses.

Insured losses are what your own insurer will cover which will be the damage to your car (less excess) if you’re fully comprehensive. As you’ve already stated, they will deal with this themselves and will recover their outlay from the third party insurer.

Your uninsured losses such as excess, personally injury, loss of earnings, hire car etc etc are not covered by your insurer. If you had legal expenses insurer, this is where they would step in and pursue the third party on your behalf. Alternatively, if you don’t have legal expenses insurer, you could make use of an Accident Management Company to pursue the losses on your behalf. An AMC will only take your case on if they consider that your have a real prospect of success. In this case, liability seems clear cut so they would be happy to take it on. However, they will take a cut of your damages claim. On average, this will be circa 25%.

The third option is to let the third party insurer deal with your claim. They will handle everything and will in all likelihood bend over backwards to ensure that you’re happy. They will normally let you use whichever repairer you like as well as provide a hire car at no cost to yourself.

Personally, I’ve let the third party insurer deal with my claim on two occasions and there have never been any problems.