RTA 2 vehicles involved both with the same insurance company

I have a colleague who was driving home from work and was involved in a RTA, another vehicle hit them head on (oncoming vehicle appeared directly in their path. The colleague was on the correct side of the road.

The colleague has a written off vehicle and is off sick from work with some injuries.

Both appear to have the same insurance company

The other driver was fatally injured, and the police are conduction an investigation.

What is the score from the claim aspect, do they start a claim for injuries, unfortunate the colleagues insurance is bog standard without legal assistance cover

The insurance company has offered a lot less for the vehicle that what it was purchased for 12 months ago

Any advice or information greatly received

Archie
 

The_Duke

LE
Moderator
The value of the car is down to the insureds vs insurers perception of “fair market value”. You can certainly contest an initial valuation, but the evidence is more about what it would cost to replace now than what he paid for it then.

They should absolutely put a claim in for their injuries. Keep a record of all costs incurred (lost earnings, travel to hospital for visits etc). If his road to recovery is long, he should seek an interim payment, but he shouldn’t sign anything marked “full and final” or similar until he is happy that his claim is truly over and the sum is fair.

Your insurer will use legal advice, and so should he. This is where no win, no fee kicks in. And make sure legal fees are in addition to any settlement he is due.
 

MoleBath

LE
Kit Reviewer
Book Reviewer
Ensure you have any injuries photographed asp .helps with damages claim.Also log carefully anxiety , pain and any (even non prescription painkillers) by date and time. Be prepared to ask for physio as part of the recovery process
 
Ensure you have any injuries photographed asp .helps with damages claim.Also log carefully anxiety , pain and any (even non prescription painkillers) by date and time. Be prepared to ask for physio as part of the recovery process
RE painkillers etc.
Keep all the receipts as evidence
 
I see where you're coming from.
But it's still evidence that you've had to use painkillers, even if they are Tesco own
 

The_Duke

LE
Moderator
True.
I'll step out of the thread now as there are people who are more qualified and experienced in these matters than I am.
Personal experience has value too - it is just that insurance fraud is a huge problem for the motor insurance industry, and nothing is taken at face value or on trust.

Fraud is considered a “victimless crime”, but causes significant losses to the industry, which they pass on by way of premiums. Any time you hear someone bragging what they screwed out of a car insurer, make sure they are buying the beers. You are paying for their payout!
 
I have a colleague who was driving home from work and was involved in a RTA, another vehicle hit them head on (oncoming vehicle appeared directly in their path. The colleague was on the correct side of the road.

The colleague has a written off vehicle and is off sick from work with some injuries.

Both appear to have the same insurance company

The other driver was fatally injured, and the police are conduction an investigation.

What is the score from the claim aspect, do they start a claim for injuries, unfortunate the colleagues insurance is bog standard without legal assistance cover

The insurance company has offered a lot less for the vehicle that what it was purchased for 12 months ago

Any advice or information greatly received

Archie
Are you surprised. The bint ( say no more ) wrote it off
 

Arte_et_Marte

ADC
Moderator
Personal experience has value too - it is just that insurance fraud is a huge problem for the motor insurance industry, and nothing is taken at face value or on trust.

Fraud is considered a “victimless crime”, but causes significant losses to the industry, which they pass on by way of premiums. Any time you hear someone bragging what they screwed out of a car insurer, make sure they are buying the beers. You are paying for their payout!
This.

A job that kept me in beer for many years.

The chances of two vehicles being involved in a collision and having the same insurer is not as high as you'd expect. It happens all the time.

Despite this, both drivers will still have different case officers dealing, and as usual, both desks will be under instruction to keep the cost down.

Not having legal protection is a bugger though. The reason for ticking that box and paying a bit extra, is so the driver who was not at fault, can claim back (through a Solicitor) the uninsured losses. i.e. Loss of earnings, taxis to the doctors, medicine etc and these costs can add up very quickly.

As the OP's colleague apparantly had not opted for legal cover, so the Insurer is not obliged to have Solicitor at hand to claim those aforementioned uninsured losses, so as @The_Duke correctly stated, it'll be a "no win no FEE" Solicitor if the 'other' driver is to be sued.
 
Not having legal protection is a bugger though. The reason for ticking that box and paying a bit extra, is so the driver who was not at fault, can claim back (through a Solicitor) the uninsured losses. i.e. Loss of earnings, taxis to the doctors, medicine etc and these costs can add up very quickly.

As the OP's colleague apparantly had not opted for legal cover, so the Insurer is not obliged to have Solicitor at hand to claim those aforementioned uninsured losses, so as @The_Duke correctly stated, it'll be a "no win no FEE" Solicitor if the 'other' driver is to be sued.
When I first started in an IT Claims dept in the late 80's our Legal protection was subcontracted to another company.

When the Claims bods worked out that the amount paid out for the cover was far exceeded by the income it was swiftly brought in-house. I can remember a senior claim's manager telling us what a money spinner it was.

Having said that, I have always taken the LP cover, as you only have to be unlucky once to end up in the crap through no fault of your own.
 
The value of the car is down to the insureds vs insurers perception of “fair market value”. You can certainly contest an initial valuation, but the evidence is more about what it would cost to replace now than what he paid for it then.

They should absolutely put a claim in for their injuries. Keep a record of all costs incurred (lost earnings, travel to hospital for visits etc). If his road to recovery is long, he should seek an interim payment, but he shouldn’t sign anything marked “full and final” or similar until he is happy that his claim is truly over and the sum is fair.

Your insurer will use legal advice, and so should he. This is where no win, no fee kicks in. And make sure legal fees are in addition to any settlement he is due.
My insurers paid out significantly more than the dealers told me my written off car was worth. things like dealer servicing and the options racked it up, but then they were claiming it all back off the other party's insurers
 

Imago

Old-Salt
It’s 7/8 years ago now, but when junior son had his first car written off by an idiot driving out of a side road into his path, he was furious at the paltry figure initially offered by the insurance company. He got on the phone and argued – and the clerk to whom he spoke admitted she had just looked up online Auto Trader (or something of that ilk) and picked the first vehicle she found of similar make and age. He told her two could play at that game (his car was old, but had been top spec) and sent her six images of vehicles for sale which more nearly approximated. The offer went up from I think around £1000 to £1900.

Of course the OP’s friend’s car’s value may be in a different ball park.
 

Arte_et_Marte

ADC
Moderator
It’s 7/8 years ago now, but when junior son had his first car written off by an idiot driving out of a side road into his path, he was furious at the paltry figure initially offered by the insurance company. He got on the phone and argued – and the clerk to whom he spoke admitted she had just looked up online Auto Trader (or something of that ilk) and picked the first vehicle she found of similar make and age. He told her two could play at that game (his car was old, but had been top spec) and sent her six images of vehicles for sale which more nearly approximated. The offer went up from I think around £1000 to £1900.

Of course the OP’s friend’s car’s value may be in a different ball park.
Aye, that's exactly how it works. Evidence (key word) your vehicles value and you'll get that back.

Everybody thinks, (key word) their vehicle is worth more than it is.

Never accept the 1st offer.
 

PAXBloke

Old-Salt
Your insurer will use legal advice, and so should he. This is where no win, no fee kicks in. And make sure legal fees are in addition to any settlement he is due.
If your mate has a PAX Personal Accident policy, he might try the legal help line to see what help can be provided via that policy:

02380 930 730

Regards,

PB
 
The value of the car is down to the insureds vs insurers perception of “fair market value”. You can certainly contest an initial valuation, but the evidence is more about what it would cost to replace now than what he paid for it then.

They should absolutely put a claim in for their injuries. Keep a record of all costs incurred (lost earnings, travel to hospital for visits etc). If his road to recovery is long, he should seek an interim payment, but he shouldn’t sign anything marked “full and final” or similar until he is happy that his claim is truly over and the sum is fair.

Your insurer will use legal advice, and so should he. This is where no win, no fee kicks in. And make sure legal fees are in addition to any settlement he is due.
@The_Duke can you expand on the submitting of a claim for personal injury etc. I assume that no win no fee solicitors will only take on a case if they expect to win however I expect these solicitors will be very experienced in this type of situation and as apposed to a local solicitors office.

Is it the best course of action to get a solicitor on board for the claim ?

Finally if the injured party is on full pay during the period of being signed off sick can lost of salary be legitimately claimed

Many Thanks

Archie
 

The_Duke

LE
Moderator
@The_Duke can you expand on the submitting of a claim for personal injury etc. I assume that no win no fee solicitors will only take on a case if they expect to win however I expect these solicitors will be very experienced in this type of situation and as apposed to a local solicitors office.

Is it the best course of action to get a solicitor on board for the claim ?

Finally if the injured party is on full pay during the period of being signed off sick can lost of salary be legitimately claimed

Many Thanks

Archie
Archie,

One of the key components of UK motor insurance is third party liability. In this case, the third party is your colleague, and the insured/insurer's liability is due to the physical injury caused by the crash.

Your assumption on NWNF lawyers is spot on. They have a pretty good idea on the likelihood of a successful outcome, and won't back something that is likely to be a loser. However, as a first potential action your colleague can simply file a claim and see what they respond with if they chose. Not everything needs to go to lawyers, especially if the claim is relatively clear cut.

You can't claim loss of salary if you never lost it. That would be "betterment" - ie your claim puts you in a better position than you were before the event causing the claim.

For a minor injury, you are probably looking at incidentals (travel, prescriptions, a little bit of pain and suffering). I would probably claim that one myself, because the sums will be low.

If it is a life changing injury, it is an entirely different ball game and a lawyer is essential.
 

Latest Threads

Top