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Help... DH just crashed my car.

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  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    also worth noting that any insurance "inconsistencies" on his car will not affect any claim he or his passengers make against you or rather your OH.

    as your OH ran into the back of the TP I doubt there is any question about liability and as the TP car was damaged I'd be amazed if a claim didn't follow
  • Kira000
    Kira000 Posts: 1,983 Forumite
    vaio wrote: »
    also worth noting that any insurance "inconsistencies" on his car will not affect any claim he or his passengers make against you or rather your OH.

    as your OH ran into the back of the TP I doubt there is any question about liability and as the TP car was damaged I'd be amazed if a claim didn't follow

    I have done some digging from someone in the motorschool business, and i believe that the issue of insurance "inconsistencies" may be that the terms of his using the driving school leased car, do not permit him to use it for social/domestic purposes. Therefore if he were to claim, he would have to reveal himself as having broken those terms, which could have serious consequences for his continued usage of the car, and therefore his ability to work.

    In response to a few similar points on liability. I absolutely accept that my DH has liability in the accident. Not trying to debate that in any way. If a claim comes for damage to the car, then it does.

    What i have a problem with, is that i do not accept that an official AA driving school car, holds 4 properly restrained rear seat passengers which means he was driving with an overloaded car with unsecured passengers, and that if we accept the claim for injury is genuine, if they had been wearing restraints the injuries may have either been a) avoided or b) reduced. As a driver or adult pax you have a responsibility for your own safety too.

    Thank you for your input. I guess we shall wait and see what happens.
    Married 13/03/10 #1 DD born 13/01/12!!

    ;)Newborn Thread Founder ;)
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    A quick look through the T&C of companies that actually lease cars to driving schools doesn’t come up with any that don’t allow private use or use by spouses although of course the terms of the AA cars might be different. Along the same lines I can’t find anything that says you can’t carry a front seat passenger in a duel controls equipped car.

    In any event, even if you can prove lack of seatbelts and that lack is judged to have contributed (would belts actually help in a rear impact?) then your insurance company will maybe get a 10-25% reduction but that’ll make no difference to the loading applied to your future premiums.

    In practice, your insurance company will likely settle as soon as they can and I’d have thought they wouldn’t be particularly interested in arguing contributory negligence as the argument will probably cost more than any saving.

    Overall, (and at the risk of sounding like a father), 5hit happens, leave the insurance to sort it out and concentrate on the good things in your life, you’ve got an exciting couple of months ahead of you and whether the people your husband hit get £2k each or only £1.5k really doesn’t matter.
  • At the end of the day, its bent metal, and all insured. Any worry about injury to the people in the other car, well thats the insurance companys problem, and im sure they know best how to deal with it.

    concentrate on new baby, and let your insurance company deal with both yours and the third partys damage, after all its what you pay the fee's for in the first place.
  • Whilst pre medical offers do exist, with respect I don't think you know enough either about this case specifically or individual insurers' policies on that generally to state that such an offer is 'likely' to be made. Equally, I'm not sure where your figure of £30k+ comes from, or what that refers to (referral fees, general damages, costs etc), but it does seem to be something of an arbitrary figure.

    My guess at the £30k+ only comes from bitter experience in similar circumstances.

    I am assuming PI claims of around £1800 each + solicitor costs + medical fees = £20k+. Repairs to both cars + Hire car. Not going to be far out I think, unless they are decent victims and don't get induced to make the PI claims.

    Maybe the OP will let us know the final figure.
    Mr Straw described whiplash as "not so much an injury, more a profitable invention of the human imagination—undiagnosable except by third-rate doctors in the pay of the claims management companies or personal injury lawyers"

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