Non fault third party insurance problem

Treadway1

Hi all,

I realise that this may be a "Depends on what the T&C's say" question but was wondering if anyone had any general knowledge/experience with regards a claim on third party insurance by virtue of driving someone elses car. If that makes sense..... Ill explain.

My sister in law borrowed my partners car last week, for which she is covered third party on her own insurance, and was unfortunate enough to be hit by another car. Long story short, the other party is at fault (although denying it, obviously) and my SIL's insurance company is refusing to do anything as she is only third party when driving someone elses car and as the other party is at fault there is no 'third party' costs to cover. Also, my partners insurance wont do anything either as my SIL is not a named driver on that policy.

Is this normal? and if so, does anyone know what can be done now? Does my SIL now have to take the other driver to a small claims court, etc?

My SIL's insurers are saying that they would have paid out for the other parties damage if she was at fault, which is obvious I guess but it just seems a little strange. Why bother giving third party insurance to drive other cars if you wont do anything when an accident that isnt your fault happens? Surely they would recover their costs from the other side so no loss to them anyway???

Anyway, I appreciate I may be missing the point so any advice would be appreciated.

Cheers

raskazz

Your sister in law will not receive any assistance from her own insurer or the insurer of your partner's car. They will not repair the vehicle themselves as they will not acquire any right to recover their outlay (they are not obliged by contract, statute or common law to repair the car hence any repairs undertaken would be ex gratia and not recoverable from the party at fault).

Treadway1

Ok, that makes sense but what does she have to do now? Small claims court?

Thanks for the help.

rabster74

Unless she has legal cover on her own policy then unfortunately she will have to deal with the claim privately unless she wants to instruct her own solicitor. Your SIL will have to meet the costs

Treadway1

Thanks a lot for that. She does have legal cover but her insurers are saying that she can't even use that to help her! Is that right, or again would it depend on what's in the T&C's

Quentin

They will be correct.

She had no insurance at all for damage done to the car, and as has been advised already, her choices are to pursue the matter with the third party's insurer herself or instruct a solicitor/claim handler to pursue the matter, (or pay for the repairs herself!)