Car Accident Insurance Claim

boomyanka

Hello,

I wonder if someone can give me some advice on this.

I was recently a passenger in a car crash, just before Christmas, the police are currently looking into the crash to decide who was at fault, however it is a fairly simple case and it is likely that the driver of the other car was at fault. As I was not the driver of the car I was in I have no insurance claim to make.

However I had to visit hospital for a check up and suffered minor whiplash. I wonder if I am able to make a claim as a result of this, how I would go about doing it as my insurance is not involved??

Any help is much appreciated.

Ian

losgiganteskid

Boomwanka - as you were a passenger in the car, you are on a solid wicket as far as claiming injuries is concerned, ie neither your drivers insurers or the third party insurers can repudiate liability (one has to be liable or partial fault lies with both). Usual course for you is to write a letter of claim to the driver who you think was to blame. This maybe the driver of the car in which you were a passenger !!. When the driver receives your official letter of claim for injuries he/she will in turn pass this on to his/her insurers who will then communicate with you directly. You need to be mindful that with claims for whiplash all insurers are on the button regarding claims of this nature and may insist you go for examination at "their" chosen medical doctor. You don't have to do this but they may insist, as they like to get a grip of the claim at an early stage, rather than have you go through a solicitor, where cost will be added. However, seeing a solicitor may be no bad thing, as if liability is not in dispute, and the insurer offers say £500, how are you to know whether it should be £500 or £5,000 ?? - a good criminal motor claims solicitor will know the amount to claim for, as a rule the insurer will offer 50% of what it expects to pay, so if you wanted a quick settlement merely double their offer - good luck

boomyanka

That is very helpful thank you very much.

I have however one more quick question, would it be better for me to wait until the police apportion blame to somebody or should I send the letter directly now to the other person whom I believe was at fault, and secondly what is to stop him just putting the letter directly in the bin, should I not forward the letter on to their insurers directly.

Many Thanks

Boomyanka

losgiganteskid

All claims are personal, so strictly speaking you are making a claim against the person responsible and not their insurers. The driver looks to his insurers to indemnify him/her in respect of any claim made against him. For the driver to throw away a letter of claim would be very foolhardy and prejudice his position with his insurers. If I were you I would send the letter immediately as if you wait for the police to decide who to prosecute you may be waiting months, then they may decide to prosecute neither driver.

Bossyboots

losgiganteskid wrote:

- a good criminal motor claims solicitor will know the amount to claim for, as a rule the insurer will offer 50% of what it expects to pay, so if you wanted a quick settlement merely double their offer - good luck

It is actually a good personal injury solicitor with knowledge of motor claims who will know what to settle for.

grumpyoldgit_2

Agree with previous posts - just a few important procedural points - send ANY correspondence by recorded delivery and keep the receipts etc.
You should inform the police that you were injured in the accident as they will need this information on record - the insurers will pay for copies of police records and if your injury is not recorded they can justifiably challenge that your claim is genuine. Also the Road Traffic Act requires certain injury accidents to be reported.
If you visited hospital following the accident the hospital can claim a statutory fee from you for treatment received - can't remember how much guessing it is about £30 - copy the paperwork and pass it on to your driver's insurance company for settlement - again keep copies of correspondence and send by recorded delivery.
cheers
GoG