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Claiming Car Insurance Advice Needed

Issue One Avatar
7y, 4m agoPosted 7 years, 4 months ago
A stupid driver drove into the back of my car whilst I was stopped at traffic lights...and put a crack in the bumper.

Although very stupid, he was very co-operative and I have his details.

If I was to claim off of his insurance....do I have to pay my excess, or does HE have to pay his?

This has never happened to me before and I just don't want the situation to backfire...
Issue One Avatar
7y, 4m agoPosted 7 years, 4 months ago
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(27) Jump to unreadPost a comment
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1 Like #1
His insurance
1 Like #2
He has to pay excess, you would only have to if it was a claim on your insurance
1 Like #3
You shouldnt have to pay any excess as in actual fact you are claiming off HIS insurance if he was at fault - as thats the key. When you both claim, once fault is established it is that persons insurance which settles the claim amount. The excess should only really apply when you claim on fully comp for something you have done to your own vehicle/property or third party.
1 Like #4
You may find that you will have to pay the excess first and then be repaid it as part of your claim.

I had to do this.
#5
Consider also the amount of damage as if minor its sometimes easier all round for him to pay for repairs, but get it done at a dealer so it is covered by guarantee. If insurance companies pay then they will guarantee through the repairer.
banned 1 Like #6
You dont claim his insurance you claim yours

They then pursue his insurance company for the repair costs and excess costs etc

you may have to stump up the excess at first then get it refunded later
banned#7
marmalade47
You shouldnt have to pay any excess as in actual fact you are claiming off HIS insurance if he was at fault - as thats the key. When you both claim, once fault is established it is that persons insurance which settles the claim amount. The excess should only really apply when you claim on fully comp for something you have done to your own vehicle/property or third party.


you cant claim his insurance only through your own company
1 Like #8
Its his fault - he hit you. His insurance will pay for all of it including excess, but through your insurance company.
#9
bargainhunter2009
Its his fault - he hit you. His insurance will pay for all of it including excess, but through your insurance company.


Just because he hit you doesn't neccessarily make it his fault, that is why you pay your own excess until the claim is settled.
#10
And am I right in saying this has nothing to do with MY no claims...???
banned#11
Issue One
And am I right in saying this has nothing to do with MY no claims...???


if the insurance companies deem it to be his fault then your NCB is unaffected
otherwise wave it bye bye
#12
You are assuming that you are going to win?
#13
dimebars
if the insurance companies deem it to be his fault then your NCB is unaffected
otherwise wave it bye bye


How would/could they not deem it his fault if I was stopped at a traffic light and he just drove straight into the back of me?
#14
Issue One
How would/could they not deem it his fault if I was stopped at a traffic light and he just drove straight into the back of me?


He could claim you reversed into him (it has been known). No witnesses will lead to you claiming off your own insurance.
#15
I see.

Can my passengers be seen as witnesses?

And also. Say he was to turn around and say that ...and then the companies settled it saying it wasnt his fault..could I not just 'drop the claim' so to speak...so then I don't use my insurance company to pay for repairs, and thus protecting my no claims?
#16
Issue One
I see.

Can my passengers be seen as witnesses?

And also. Say he was to turn around and say that ...and then the companies settled it saying it wasnt his fault..could I not just 'drop the claim' so to speak...so then I don't use my insurance company to pay for repairs, and thus protecting my no claims?


No they cannot to the first bit, yes to the second. But I guess he could claim off your insurance for his damage.

Won't come to that though. You will pay your excess, they will find in your favour, claim settled (with excess returned), car repaired, job done.
#17
greg_68
No they cannot to the first bit, yes to the second. But I guess he could claim off your insurance for his damage.

Won't come to that though. You will pay your excess, they will find in your favour, claim settled (with excess returned), car repaired, job done.


Lol, thanks for plucking out that seed of doubt that you pushed in the soil a few minutes ago.
1 Like #18
if he admits liability he will have to pay not you, as you wouldnt be making the claim on your insurance, he would. but if you have no witnesses he could try and say you reversed into him or rolled back into him:-(. Hopefully for your sake he will admit liability and you'll be in the clear hope it all works out for you!:thumbsup:

you ok did you get any neck pain, whiplash?
#19
greg_68
Just because he hit you doesn't neccessarily make it his fault, that is why you pay your own excess until the claim is settled.


If your hit in the rear it is alsmost certainly the other drivers fault (in most instances)
#20
greg_68
He could claim you reversed into him (it has been known). No witnesses will lead to you claiming off your own insurance.


I serioulsy doubt that would succeed though - I know someone who was hit up the rear last week and their insurance company already said the other driver at fault
#21
bargainhunter2009
If your hit in the rear it is alsmost certainly the other drivers fault (in most instances)


bargainhunter2009
I serioulsy doubt that would succeed though - I know someone who was hit up the rear last week and their insurance company already said the other driver at fault


I know it's unlikely but you stated "he hit you, it's his fault" which isn't definitely the case.
#22
blonde.kezza
if he admits liability he will have to pay not you, as you wouldnt be making the claim on your insurance, he would. but if you have no witnesses he could try and say you reversed into him or rolled back into him:-(. Hopefully for your sake he will admit liability and you'll be in the clear hope it all works out for you!:thumbsup:

you ok did you get any neck pain, whiplash?


Ahh, so caring! I'm not too shabby thanks. And yes hopefully it works out well.
#23
P.s. Thanks for your input guys, rep left to show my appreciation.
#24
Hi

I hope you took out legal cover with your policy.
If you did they will deal with everything.
If you want it fixed yesterday pay your excess.
If you can wait then do so and no excess to pay ins company will sort it all out and tell you when to come in and get fixed.
ORRRRRRRRR go through one of the no win no fee companys and see how quick they sort it out when they lend you a car @300/400 a week lol.And all that neck Painnnnnnnnn AGHHHH
banned#25
bigwheels
Hi

I hope you took out legal cover with your policy.
If you did they will deal with everything.
If you want it fixed yesterday pay your excess.
If you can wait then do so and no excess to pay ins company will sort it all out and tell you when to come in and get fixed.
ORRRRRRRRR go through one of the no win no fee companys and see how quick they sort it out when they lend you a car @300/400 a week lol.And all that neck Painnnnnnnnn AGHHHH



can you repeat that in english?
#26
dimebars
can you repeat that in english?


exactly.
banned#27
the BEST advice:-

ring your insurance company!

I think there is some obligation to report within 24 hours regardless of blame

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