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Insurance question

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  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 February 2015 at 11:03PM
    DUTR wrote: »
    I'm not sure why you are wanting to debate about it?
    You don't agree which is fair enough, however I've just asked my mate who works in the industry as a similar incident occured across the road from him and he says it was resolved as I wrote, the clim on car B's policy will just show notified and fully recovered.

    The reason I'm posting as the advice you're giving on this thread is plain wrong as has been pointed out to you by RS65, Quentin & myself who both work in the industry and understand how this works.

    If the OP reads your advice they will take away from this thread incorrect advice.

    Sorry but if your friend who works in the industry actually exists, then he is also wrong. If he does exist ask him to explain to you how negligence works in relation to civil claims eg Insurance and also how the lack of negligence means an Insurer (driver) is not liable.

    While you're at it ask him whether your example of a hand brake failing on a well maintained car would mean you're liable.

    P.S Is your friend's name google?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wish people with Insurance questions would post on the insurance part of MSE rather than the motor part as the advice they would get would be correct.

    The OP would have received the correct answer from Quentin in post 2 without being confused by the other incorrect posts and the thread running into three pages due to correcting incorrect advice
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dacouch wrote: »
    The reason I'm posting as the advice you're giving on this thread is plain wrong as has been pointed out to you by RS65, Quentin & myself who both work in the industry and understand how this works.

    If the OP reads your advice they will take away from this thread incorrect advice.

    Sorry but if your friend who works in the industry actually exists, then he is also wrong. If he does exist ask him to explain to you how negligence works in relation to civil claims eg Insurance and also how the lack of negligence means an Insurer (driver) is not liable.

    While you're at it ask him whether your example of a hand brake failing on a well maintained car would mean you're liable.

    P.S Is your friend's name google?

    I posted this in post #2
    True, as I understand it though the owner/keeper of the car in front of the OP's raises a claim against the Op's insurers.

    trouble is we often get the beginning of an episode and the OP's rarely come back to say what actually happened.
    No my friend is not made up, if you are both in the industry I can give you the post code of where the incident occured if you wish?
    The offending car was a Molly maid driver.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DUTR wrote: »
    I posted this in post #2
    True, as I understand it though the owner/keeper of the car in front of the OP's raises a claim against the Op's insurers.

    trouble is we often get the beginning of an episode and the OP's rarely come back to say what actually happened.
    No my friend is not made up, if you are both in the industry I can give you the post code of where the incident occured if you wish?
    The offending car was a Molly maid driver.

    Quentin's first post was the second post on this thread and correctly answered the OP's question. The thread could have ended there but was followed by a number of incorrect answers.
    Quentin wrote: »
    The police are not the experts on civil law/insurance liability etc! (The drunk driver is liable for all the damage he caused)

    Your post in response to Quentin's was wrong.
    DUTR wrote: »
    True, as I understand it though the owner/keeper of the car in front of the OP's raises a claim against the Op's insurers.

    I have a feeling Quentin will respond to this when he logs on next.

    I'm not sure what you expect me to do with the post code of an accident and the name of the company involved. Besides has your friend ever heard of the DPA?
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dacouch wrote: »
    Quentin's first post was the second post on this thread and correctly answered the OP's question. The thread could have ended there but was followed by a number of incorrect answers.



    Your post in response to Quentin's was wrong.



    I have a feeling Quentin will respond to this when he logs on next.

    I'm not sure what you expect me to do with the post code of an accident and the name of the company involved. Besides has your friend ever heard of the DPA?

    Property damage claims come in many shapes and sizes. If your vehicle was hit by another vehicle while parked, it is considered a property damage claim.
    The at fault vehicle’s insurance policy is the policy which pays to repair property damage.
    In this situation, the coverage is determined by vehicle not by driver.
    If you know who damaged your property, you will be able to file a property damage claim against their insurance policy. You will not be required to pay a deductible and you are also eligible for a rental car while your vehicle is being repaired.
    Not knowing who damaged your property changes the claim from a property damage claim into a collision claim. If you do not know who damaged your vehicle, you will be responsible for your collision deductible. If you do not have collision damage, your insurance company will not pay out for the claim.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DUTR wrote: »
    Property damage claims come in many shapes and sizes. If your vehicle was hit by another vehicle while parked, it is considered a property damage claim.
    The at fault vehicle’s insurance policy is the policy which pays to repair property damage.
    In this situation, the coverage is determined by vehicle not by driver.
    If you know who damaged your property, you will be able to file a property damage claim against their insurance policy. You will not be required to pay a deductible and you are also eligible for a rental car while your vehicle is being repaired.
    Not knowing who damaged your property changes the claim from a property damage claim into a collision claim. If you do not know who damaged your vehicle, you will be responsible for your collision deductible. If you do not have collision damage, your insurance company will not pay out for the claim.

    Did your friend give you this information?

    P.S It's known as Liability in this country, the website you copied and pasted this from is an American website...

    http://carinsurance.about.com/od/CarInsuranceClaims/a/What-Is-A-Property-Damage-Claim.htm
  • Aretnap
    Aretnap Posts: 5,871 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DUTR wrote: »
    Property damage claims come in many shapes and sizes. If your vehicle was hit by another vehicle while parked, it is considered a property damage claim.
    The at fault vehicle’s insurance policy is the policy which pays to repair property damage.
    In this situation, the coverage is determined by vehicle not by driver.
    If you know who damaged your property, you will be able to file a property damage claim against their insurance policy. You will not be required to pay a deductible and you are also eligible for a rental car while your vehicle is being repaired.
    Not knowing who damaged your property changes the claim from a property damage claim into a collision claim. If you do not know who damaged your vehicle, you will be responsible for your collision deductible. If you do not have collision damage, your insurance company will not pay out for the claim.
    Congratulations. You have worked out how to use Google. You should really link to the site you're cutting and pasting from though.

    http://carinsurance.about.com/od/CarInsuranceClaims/a/What-Is-A-Property-Damage-Claim.htm

    You should also use the "pages from the UK" filter - that way you won't look silly by using terms like "deductible" in relation to British insurance.

    (I see dacouch types faster than me)
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Aretnap wrote: »
    Congratulations. You have worked out how to use Google. You should really link to the site you're cutting and pasting from though.

    http://carinsurance.about.com/od/CarInsuranceClaims/a/What-Is-A-Property-Damage-Claim.htm

    You should also use the "pages from the UK" filter - that way you won't look silly by using terms like "deductible" in relation to British insurance.

    (I see dacouch types faster than me)

    So are either of you going to point to some documentation on the claim proceedure?
    The majority thought Jesus was wrong, the majority thought Noah was wrong.
    Or we can just wait for the Op to come back with an update ;)
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DUTR wrote: »
    So are either of you going to point to some documentation on the claim proceedure?
    The majority thought Jesus was wrong, the majority thought Noah was wrong.
    Or we can just wait for the Op to come back with an update ;)

    Which bit of civil law and how negligence do you want us to explain?

    The very basic principle of it is that you're liable if you were negligent. To be negligent the incident needs to be avoidable by a reasonable man.

    So the drunk driver is liable for the entire damage he has done as the accident was avoidable. The OP is not negligent (Liable) as he could not reasonably have avoided the damage to his neighboors car.

    In the same way if you have a heart attack at the wheel of a car and had no previous heart problems then you would generally not be classed as being negligent and thus liable as it could reasonably be predicted you would have a heart attack.

    There are plenty of websites explaining the principle of negligence and liability on UK websites out there.

    Incidently I believe in Jesus and Noah as much as I believe in your other imaginary friend
  • ic
    ic Posts: 3,474 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    c1981 wrote: »
    Its just very frustrating as my car was parked legally outside my house, and this person very obviously shouldnt have been driving, and no accident would have happened had he made the right choice not to get in the van.
    This is one reason why insurers ask where you park your car at night. Park on your driveway or in a garage and you're far less likely to suffer opportunistic theft, crashes or vandalism. I live on a main road where most houses don't have driveways. In the past ten years I've seen cars written off by an old man falling asleep at the wheel, another by a drunk driver, another clipped by a lorry. There has also been spates of cars being keyed and having their mirrors ripped off. I've never had any trouble parked tucked away on the drive.
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