Car Insuarance issue

rjayne15

Hi all

Very similarly to someone who posted yesterday, I had my car hit this morning and will now probably get nothing back from the insurance.

Yes, 3rd party F&T realisation sinks in that it's fine for their car but I have no redress for mine.

I was driving to work when I saw three cars "parked" with their hazard lights on about 200 meters in front of me. I slowed right down and then skidded, I managed to get the car under control and guided it towards the kerb on the correct side of the road, it stoppped so I put the hazards on and got out.

A few cars came up behind me, they saw that there were cars with hazard lights on and they slowed down to a crawl and managed to get past me fine.

A car came along and straight away I could see it was going to fast, I could tell it wasn't going to stop or slow down and I knew it was going to hit my car - they can't have dropped speed below 30mph maybe faster. Instead of trying to slow or stop they just started to move out to go around my car but skidded and obviously they hit it... with such a wack that they were shot across the other side of the road, mounted the kerb and into a hedge.

Police came but said nothing, obviously they had a lot on and had to sort the traffic out.

So, after explaining this to my insurance broker, then my insurer and now a solicitor I basically am stuffed.

The other drivers insurance will only pay out if they admit liability - like they will! I'm sure they will just it was icy.

I'm gutted, only had the car three months and ok it was only £1500 but its the most I've ever spent on a car.

Im sure there are those that will say "serves you right for only getting 3rd party" but I don't think a lot of people actually realise the implication of what this cover actually means - also for some it is all they can afford.

Take care out there peeps and check your insurance.

lisyloo

but I don't think a lot of people actually realise the implication of what this cover actually means

That's why a couple of us tried to explain this (and you said we were saying "serves you right" which isn't the case).

Basically in law people are only liable if they are negligent.
Let me give you an example.
Let's suppose you throw open your windows in the summer and you have music playing. A house rider round the corner is thrown from their horse.
Is this your fault? Are you liable?
No it isn't. No your not.
It's not your fault because you didn't do it deliberately, maliciously and you weren't negligent because you could not see the horse when you opened your windows.
You would not be liable in this situation.

Similarly if a car driver had a heart attack with NO prior warning and dropped dead at the wheel, then they are not liable for that situation.

With Ice it more tricky, because it isn't clear in some of these case whether the driver is negligent or not. However if people are sliding all over the place left right and center then they do have soemthing of a defence.

Insurance and liability are different things.
You can be liable without having insurance and just because you have insurance doesn't mean you are liable.

I agree that not everyone can afford fully comp.
In which case you have to weigh up your options.
One options is to buy a cheaper car and get better insurance.

JPS29

lisyloo wrote: »

A house rider round the corner

QUOTE]

Small dolls house:D

lisyloo

ha ha

Sorry that's meant to be a horse rider not a house rider.
But I guess you couldn't be expected to anticipate a house rider either :-)

McKneff

Sorry, am i missing something here, if he hit you, then he is liable, so you claim off his insurance. Whether yu have third party is irrelevant isnt it.

If the police made a report, get a copy of it.
You, of course would have to deal with their insurnace company personally,
do you have any legal help on your car/house insurance.

lisyloo

Sorry, am i missing something here, if he hit you, then he is liable

No they aren't necessarily liable.

Drivers are not always liable if they hit you.
Let's say (for example) a driver suddenly drops dead from a heart attack with no prior warning. They (or their estate) would not be liable.

Similarly a housholder is not always liable if a tile falls off their roof onto your car.
In this case it would depend on whether it's freak weather (no liability) or lack of maintenance (negligence).

So yes, you are missing the point, that a car driver is not necessarily liable if they hit you. The liability depends on whether they were negligent or not.
If there driving was negligent then they are liable.
If they were taking all reaonable care and it was just icy and every careful driver was doing the same then they might say they aren't liable.

As you rightly point out, if you have no motor insurance or legal insurance then you are on your own fighting your corner.
I don't know whether "no win no fee" or credit hire firms will get involved. Depends on what they think of the chances (they don't flog dead horses).

Some insurers may take different positions on this.

mattymoo

I think rjayne has a better chance than some though since she witnessed the incident and the final resting positions would certainly suggest the other driver was travelling too fast for the conditions.

Did you take any photos rjayne? If not, get back to the scene and photograph the location and the damaged hedge if possible.