Car insurance claim

wannamakeamil

I am looking for some help/ advice regarding making a claim. A friend of mine was driving my car with third party insurance cover provided by his fully comp insurance policy. While he was driving he had an accident. A lady opened the door while my friend was driving. As a result the lady's insurance company said it was my friends fault. My friend denied this and after one and a half years the claim went to court as the lady's insurance company wanted me to pay. My friends insurance company fought the claim and we won. However as cover was 3rd party I haven't been able to repair my car as I have to pay the repair myself. The car had been sitting on my driveway. I was wondering if I could get the car repaired and claim against the lady's insurance company as it was her fault. Any help/advice would be appreciated.

Quentin

wannamakeamil wrote: »

I was wondering if I could get the car repaired and claim against the lady's insurance company as it was her fault.

Yes .

Strider590

So lets get this straight.... She opened her door into the path of another car and she thinks that's not her fault?
Whilst yes you should never drive in what's known as the "door zone", on many roads that's impossible to avoid.

vax2002

Men slam doors shut, women slam them open, usually at the worst possible time.

Strider590

vax2002 wrote: »

Men slam doors shut, women slam them open, usually at the worst possible time.

I had to think about this............

YOU ARE SO RIGHT!! :rotfl:

InsideInsurance

wannamakeamil wrote: »

My friend denied this and after one and a half years the claim went to court as the lady's insurance company wanted me to pay. My friends insurance company fought the claim and we won

I was wondering if I could get the car repaired and claim against the lady's insurance company as it was her fault. Any help/advice would be appreciated.

Basically you can't now.... the case has already gone to court and all claims had to be settled in that one court case unless there was express agreement that the third party insurers would settle on the same basis of the judgement.

You can speak to the TPI but the likelihood is they will tell you to go away because you can no longer litigate against the third party as the litigation has already happened.

You should also speak to the insurer of your friend (he will probably have to do the talking due to data protection) and find out if they did have any agreements in place and why they didn't ask if you were counter claiming for damages

Quentin

InsideInsurance wrote: »

Basically you can't now.... the case has already gone to court and all claims had to be settled in that one court case unless there was express agreement that the third party insurers would settle on the same basis of the judgement.

You can speak to the TPI but the likelihood is they will tell you to go away because you can no longer litigate against the third party as the litigation has already happened.

You should also speak to the insurer of your friend (he will probably have to do the talking due to data protection) and find out if they did have any agreements in place and why they didn't ask if you were counter claiming for damages

The OP should ignore all this.

The court case was brought by the third party against the OP's friend.

Thus as there was (apparently) no counter claim by the OP's friend then they can now pursue a claim against the negligent driver.

thenudeone

The court case should have been about about Party A (lady) suing Party B (driver).

Party C (owner) should not have been involved.
Although the OP states "the lady's insurance company wanted me to pay" that seems very odd because Party C's insurer didn't cover the driver at the time of the accident. A claim against Party C would be almost bound to fail.

So was the case dismissed because Party A was taking action against the wrong person (Party C's insurer)? Did the court actually examine fault?

Why can't Party C take action against Party A (or make a claim against her insurers) now? (I accept it would have been better to have done so earlier), especially if the court didn't even look at the issue of liability.

InsideInsurance

Quentin wrote: »

The court case was brought by the third party against the OP's friend.

Misread the original post - thanks for clarifying