Claiming Car Insurance Advice Needed

27 replies
Found 15th Jul 2009
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...

27 Comments

His insurance

He has to pay excess, you would only have to if it was a claim on your insurance

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 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.

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

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

marmalade47;5755196

You shouldnt have to pay any excess as in actual fact you are claiming … 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

Its his fault - he hit you. His insurance will pay for all of it including excess, but through your insurance company.

bargainhunter2009;5755233

Its his fault - he hit you. His insurance will pay for all of it … 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.

Original Poster

And am I right in saying this has nothing to do with MY no claims...???

Banned

Issue One;5755282

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

You are assuming that you are going to win?

Original Poster

dimebars;5755297

if the insurance companies deem it to be his fault then your NCB is … if the insurance companies deem it to be his fault then your NCB is unaffectedotherwise 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?

Issue One;5755328

How would/could they not deem it his fault if I was stopped at a traffic … 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.

Original Poster

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?

Issue One;5755372

I see.Can my passengers be seen as witnesses?And also. Say he was to … 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.

Original Poster

greg_68;5755400

No they cannot to the first bit, yes to the second. But I guess he could … 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.

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?

greg_68;5755261

Just because he hit you doesn't neccessarily make it his fault, that is … 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)

greg_68;5755344

He could claim you reversed into him (it has been known). No witnesses … 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

bargainhunter2009;5755545

If your hit in the rear it is alsmost certainly the other drivers fault … If your hit in the rear it is alsmost certainly the other drivers fault (in most instances)



bargainhunter2009;5755559

I serioulsy doubt that would succeed though - I know someone who was hit … 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.

Original Poster

blonde.kezza;5755528

if he admits liability he will have to pay not you, as you wouldnt be … 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.

Original Poster

P.s. Thanks for your input guys, rep left to show my appreciation.

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

bigwheels;5756570

HiI hope you took out legal cover with your policy.If you did they will … HiI 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?

Original Poster

dimebars;5756592

can you repeat that in english?



exactly.

Banned

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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