Making a claim on other drivers insurance?
Making a claim on other drivers insurance?
Author
Discussion

atutto

Original Poster:

18 posts

95 months

Yesterday (11:50)
quotequote all
Hi,
Just looking for some advice on this.
My car was hit by another driver who has accepted liability for the accident. Due to the age of my car and the damage sustained I suspect that it will be declared a write-off.
My insurer Aviva have notified me that I can try to recover my excess and any other losses from the third-party insurer 'AXA'
Unfortunately I neglected to include legal expenses cover on my policy so would have to pursue these expenses myself. I do have protected no claims at least.
Would I be better pursuing the claim myself or using one of those third party agents? I am inclined to do this myself but how straightforward is the process and is there anything I need to be aware of?
Thanks for taking the time to read this.

vikingaero

12,773 posts

195 months

Yesterday (12:08)
quotequote all
Just write a letter to the third party and copy in the Insurer saying you wish to claim:

£xxx for your excess
£x for any other costs

Most Insurers charge around £30 for legal cover, I use https://memonline.co.uk/motor-legal-protection-ins...
where one car can be covered for £28.99 for 2 years - effectively half the price. I buy 4 vehicles for 2 years for £77.99.

Other flavours/varieties may be available elsewhere.

davek_964

11,048 posts

201 months

Yesterday (12:09)
quotequote all
Have the other drivers insurers accepted liability? As that's a bit different from the other driver.

I have claimed off the third party insurers directly before - they contacted me, and were keen to do it that way - presumably to avoid stupid hire car fees with an accident management company. It worked fine for me, and I'd probably do the same again.

If I actually had to chase the third party insurers myself, I don't think I'd bother and would use my own insurers I think.

BertBert

21,093 posts

237 months

Yesterday (12:43)
quotequote all
davek_964 said:
Have the other drivers insurers accepted liability? As that's a bit different from the other driver.

I have claimed off the third party insurers directly before - they contacted me, and were keen to do it that way - presumably to avoid stupid hire car fees with an accident management company. It worked fine for me, and I'd probably do the same again.

If I actually had to chase the third party insurers myself, I don't think I'd bother and would use my own insurers I think.
This sums it up. If it's easy it's easy. If the third party or their insurers put up a fight and need taking to court that's somewhat harder.

PorkInsider

6,447 posts

167 months

Yesterday (13:54)
quotequote all
atutto said:
Hi,
Just looking for some advice on this.
My car was hit by another driver who has accepted liability for the accident. Due to the age of my car and the damage sustained I suspect that it will be declared a write-off.
My insurer Aviva have notified me that I can try to recover my excess and any other losses from the third-party insurer 'AXA'
Unfortunately I neglected to include legal expenses cover on my policy so would have to pursue these expenses myself. I do have protected no claims at least.
Would I be better pursuing the claim myself or using one of those third party agents? I am inclined to do this myself but how straightforward is the process and is there anything I need to be aware of?
Thanks for taking the time to read this.
Your insurer is looking at it from the viewpoint of them paying out and you trying recoup costs associated with a claim on your own insurance.

You could go directly to the 3rd party insurer and see what they have to say. They'll want it resolved as cheaply as possible, if they do concede liability.

atutto

Original Poster:

18 posts

95 months

Yesterday (14:15)
quotequote all
Thanks for the replies.
I will contact AXA directly and go from there. My insurer Aviva have confirmed that the third-party insurer have accepted liability not just the other driver.
The Police attended the scene of the accident and interviewed the other driver under caution for reckless driving.
I am currently driving a hire car supplied via my insurance while the damage to my car is assessed.

simon_harris

2,875 posts

60 months

Yesterday (14:19)
quotequote all
you just claim everything off their insurer - no need to involve yours at all (unless the hire car you are in is from them in which case you are already buggered from that perspective)

atutto

Original Poster:

18 posts

95 months

Yesterday (14:29)
quotequote all
Aviva are claiming the hire car costs back from AXA. I need to claim my excess plus hopefully an extra fee of £70 that I paid the hire car company for accident damage cover while I have the hire car. Thought this additional extra cover was worth it just in case.

The Gauge

6,939 posts

39 months

Yesterday (14:35)
quotequote all
Do you have legal cover on another policy such as house insurance?
If so I think you can use them to assist?

atutto

Original Poster:

18 posts

95 months

Yesterday (14:44)
quotequote all
That's a great point, will check thanks.

Mr Tidy

30,500 posts

153 months

Yesterday (20:58)
quotequote all
Someone tapped the back of my car in 2023. Driver was thinking about paying himself until I called and gave him an indication of the parts cost, then said he would notify his insurer.

A few days later his insurer contacted me and I agreed a settlement with them.

I didn't want to have an outstanding claim on my policy and this way I didn't have to fund the excess then reclaim it.

Aretnap

1,948 posts

177 months

The Gauge said:
Do you have legal cover on another policy such as house insurance?
If so I think you can use them to assist?
Legal expenses cover associated with home insurance will generally exclude cover for car related claims - car insurance and home insurance (and their respective add-ones) are designed not to overlap.

You might have access to more general legal assistance from another source, such as trade union membership.

BertBert

21,093 posts

237 months

atutto said:
Thanks for the replies.
I will contact AXA directly and go from there. My insurer Aviva have confirmed that the third-party insurer have accepted liability not just the other driver.
The Police attended the scene of the accident and interviewed the other driver under caution for reckless driving.
I am currently driving a hire car supplied via my insurance while the damage to my car is assessed.
Then you must have made a claim through your own insurer. Your can't do both at the same time

atutto

Original Poster:

18 posts

95 months

The instruction to contact the third party insurer came from my insurer. All I am trying to do is claim back my excess which Aviva will be deducting from the settlement payment once agreed.
I am expecting my car to be a write off and would imagine that the other car involved will be as well. The damage to both cars was fairly substantial.

davek_964

11,048 posts

201 months

atutto said:
The instruction to contact the third party insurer came from my insurer. All I am trying to do is claim back my excess which Aviva will be deducting from the settlement payment once agreed.
I am expecting my car to be a write off and would imagine that the other car involved will be as well. The damage to both cars was fairly substantial.
I'm pretty sure Aviva should be doing that for you.

Smurfsarepeopletoo

993 posts

83 months

If the Third Party Insurers have accepted liability, then normally there isnt a requirement to pay your excess, as technically your not claiming from your own policy, your only using your insurers to get the claim sorted, and they know they will make a recovery.

kestral

2,181 posts

233 months

atutto said:
The instruction to contact the third party insurer came from my insurer. All I am trying to do is claim back my excess which Aviva will be deducting from the settlement payment once agreed.
I am expecting my car to be a write off and would imagine that the other car involved will be as well. The damage to both cars was fairly substantial.
You have gone trough your own insurance now. So they may claim the excess back if they so choose,then you will be either refunder or won't pay it.

If they don't claim it back you will have to claim it back yourself from the TP insurers (or the driver).

If you had claimed via the TP insurance you would not have any excess to claim back.

Also because you have gone with your own insurer you may not be able to claim the salvage after write off.

kestral

2,181 posts

233 months

davek_964 said:
I'm pretty sure Aviva should be doing that for you.
They are not obliged to in anyway.