My partner injured as passenger on her insurance

mikeybikey

I was ironically driving to get my car re-mot'd.

My partner was a passenger, and, the car in front came to a stop but I saw no brake lights. Unfortunately as I went into the back of him, I am declared as at fault.

The car is a right off as is around 10 years old, so deemed uneconomical to repair.

My partner had insurance in her name for the car, and, as a result of the accident, has whiplash and knee injuries.
She is a little miffed as no-one seems to care - or has asked - about her injuries.

What are her rights regarding her injuries, given she wasn't the driver, but this is her insurance policy?

thanks

Hintza

mikeybikey wrote: »

What are her rights regarding her injuries, given she wasn't the driver, but this is her insurance policy?

thanks

She can sue you for compensation!

mikeybikey

if she had the money right
sorry but not enormously helpful Hintza!

AdrianC

She's the policyholder?

The car you hit is claiming from her insurance.
She may or may not be claiming for the damage to her car from her insurance.

She is a little miffed as no-one seems to care - or has asked - about her injuries.

If she needs to claim for her injuries, why would it be anybody's responsibility but her own to raise the subject...?

neilmcl

mikeybikey wrote: »

I was ironically driving to get my car re-mot'd.

My partner was a passenger, and, the car in front came to a stop but I saw no brake lights. Unfortunately as I went into the back of him, I am declared as at fault.

The car is a right off as is around 10 years old, so deemed uneconomical to repair.

My partner had insurance in her name for the car, and, as a result of the accident, has whiplash and knee injuries.
She is a little miffed as no-one seems to care - or has asked - about her injuries.

What are her rights regarding her injuries, given she wasn't the driver, but this is her insurance policy?

thanks

So just get this straight. You were driving the car as a named driver on your sister's policy?

Why would she want to claim for personal injuries against her own insurance?

I'm sure if she rings her insurer they'll be able to tell her all she needs to know.

mikeybikey

so let's say

a couple are driving along, partner crashes car, and, as a result his partner gets her arm chopped off.
She took out and paid for the insurance policy in her name, but he is driving.
Can she get any type of compensation UNDER the her own insurance policy?

Aretnap

The legal situation is much as it is for any other accident, ie:

You drove badly
Your bad driving caused another person injury
You therefore have a liability towards her for her injuries (which doesn't go away just because you happen to be her partner)
Your liability will be covered by the third party element of your insurance policy

This situation is not changed by the fact that "your" insurance policy also happens to be her insurance policy - it covers all your liabilities to third parties, whoever they may be.

The only practical difference it makes is that while normally an innocent party's insurance company would happily pass their detail's to an associated ambulance chaser in order that they make an injury claim against the at fault driver, her (your) insurers are hardly going to go out of their way to encourage her to make a claim against themselves. However she can still start a claim off her own back. If her policy comes with motor legal protection she can call the helpline and see whether it covers this situation. Or if your home insurance policy includes legal expenses cover you can check whether it covers her for claims made as a passenger in a car accident. Or alternatively she can get the phone book out and find a no win no fee injury solicitor on her own. (The third option will usually involve paying a share of any compensation to the solicitor, so she should check the insurance options first).

Added: The other potential difference is that as the claim ultimately ends up being made against her own policy it may have some negative consequences for her, ie it will mean a claim on her record and a reduction in her no claims bonus. However as there is damage to both cars this would presumably happen anyway, and in any event any future increase in her premiums will likely be less than the compensation she's due.

mikeybikey

that's great advice, and, exactly what I was looking for
many thanks Aretnap, for such detailed info

Tothepoint.

mikeybikey wrote: »

so let's say

a couple are driving along, partner crashes car, and, as a result his partner gets her arm chopped off.
She took out and paid for the insurance policy in her name, but he is driving.
Can she get any type of compensation UNDER the her own insurance policy?

Yes she can.

peter_the_piper

Don't be surprised to see claims for 15 passengers all with whiplash.

loskie

neilmcl wrote: »

So just get this straight. You were driving the car as a named driver on your sister's policy?

Why would she want to claim for personal injuries against her own insurance?

I'm sure if she rings her insurer they'll be able to tell her all she needs to know.

incest AND a car accident! excellent!