Suing for a car accident

Mishomeister

Returnoftony said:

If you sue you will lose it not america. 

So, what are you basing your opinion of me losing? You are in profession related to legal matters or know of simillar cases where someone tried to sue in simillar situation and lost?
Or is the point you are trying to make that every person in the UK that takes someone else to court loses because it is not USA, with judges rulling everytime: 'Not.Gulty. This is not America'

shaun_from_Africa

Mishomeister said:

Returnoftony said:

If you sue you will lose it not america. 

So, what are you basing your opinion of me losing? You are in profession related to legal matters or know of simillar cases where someone tried to sue in simillar situation and lost?

Ignore anything and everything posted by Returnoftony. They are either a bored schoolkid or a troll and never post anything that ever comes close to being useful to anyone. 

pinkshoes

You were advised 3 months ago in your previous thread to let your insurance deal with this...

or is this another car and a different incident?

powerful_Rogue

Mishomeister said:

bris said:

You claim on your insurance, did you not know thats why you buy it in the first place?

Claiming on my insurance will cost me loads in no claim bonus loss and excess payment. Why exactly should I suffer any finwncial losses that arose from no fault accident?

If it's a non fault RTC, then you wont lose your exess as you'll be claiming in the other persons insurance.

You'll suffer the same in regards to NCB, as you have declared and will have to declare it going forward anyway.

DoaM

Mishomeister said:

bris said:

You claim on your insurance, did you not know thats why you buy it in the first place?

Claiming on my insurance will cost me loads in no claim bonus loss and excess payment. Why exactly should I suffer any finwncial losses that arose from no fault accident?

As your insurance already know, your premiums are going to be hit anyway. If the other party is 100% at fault, and this has been admitted by their insurance company, then having your own insurance deal with this won't cost you any more.

Mishomeister

DoaM said:

Mishomeister said:

bris said:

You claim on your insurance, did you not know thats why you buy it in the first place?

Claiming on my insurance will cost me loads in no claim bonus loss and excess payment. Why exactly should I suffer any finwncial losses that arose from no fault accident?

As your insurance already know, your premiums are going to be hit anyway. If the other party is 100% at fault, and this has been admitted by their insurance company, then having your own insurance deal with this won't cost you any more.

I understand what you are saying, however my insurance has explicitely told me thatvas their assessor company said that the car will be likely written off. I either do a full claim affecting my NCB on my insurance and have to pay excess on it, or deal myself directly witg third party insurance on my own.

waamo

Court should always be the last resort. A judge may well be of the opinion this is a matter for the insurance company. The other party would have a very persuasive defence.

powerful_Rogue

Exactly what @waamo said, a judge would not be impressed with this claim and could likely through it out. It's a waste of courts time as this is what insurance is for.

bris

The damage is already done, this accident fault or no fault will have to be declared every time you renew your insurance for the next 5 years. You won't have an excess because it's a third party loss that their insurers pay. I really don't think you know how this works. You have an crash, your insurers deal with it simple really.

You can sue but you will get no where except a scalding by the judge for a needless claim, you will almost definitely get costs awarded against you too.

shaun_from_Africa

Mishomeister said:

I understand what you are saying, however my insurance has explicitely told me thatvas their assessor company said that the car will be likely written off. I either do a full claim affecting my NCB on my insurance and have to pay excess on it, or deal myself directly witg third party insurance on my own.

As the other party is at fault and you are claiming against their insurance, you won't lose any of your NCB.
The loss of NCB only happens when your insurer suffers a loss from your policy.
The same goes for your excess. You normally only end up losing the excess amount when claiming from your policy, not when claiming against the policy of another driver.
You may initially have to pay but it can generally be recovered from the other driver's insurers.