Insurance claiming outlay back after accident

flying_low

I was involved in accident with third party the vehicle crossed my path at a road junction. I saw the vehicle coming & managed to stop I was stationary when the vehicle front of vehicle missed the front of my vehicle but the rear wheel arch bumper made contact with my vehicle & it was deemed a total loss 
my insurance paid me out but I was convicted of drink driving & now won’t me to reimburse them with the money that they payed to me which I understand my question is can I chase this person for the damages caused to my vehicle? Anyone had any experience with this. Sort of thing or should I just right it off 

DullGreyGuy

So you pulled out of a side road into the path of a correctly proceeding vehicle. You managed to stop but the TP swerved to miss you but hit the front of your car?

Any dashcam footage? Or independent witnesses?

Surprised they paid out on your car if there was any question of you possibly being over the limit.

Unless I have the circumstances incorrect then liability doesnt look good for you without evidence to prove not only that you were stationary but had been for some time, not just moments. 

What are your insurers views on liability? If they deem that you were liable then you'll be on the hook for reimbursing the third party's costs which could be substantially more than yours depending on hire cars, injury etc.

flying_low

Hello thanks for your reply
i was travelling on the main road with the junction with wide type bell entrance to the left of my vehicle 
the car was approaching the suddenly veered across the carriage way ahead not using the filter lane I stoped the vehicle entered the junction on the exit lane of the junction & hit my vehicle she admitted to the police that it was her fault & witness say what had happened 
Can I claim the outlay from this person or just write it off

DullGreyGuy

Sorry, one of those times where a drawing may be better.

Assuming they are fully to blame for the accident then you are entitled to reclaim your losses which should be the same as the insurance company's charges. 

What are the insurers charging you for? There should be the total loss settlement, the reimbursement from the salvage yard, possibly some storage/recovery fees, potentially an engineer report bill...

flying_low

Hello
They are just charging for the outlay of the settlement of the vehicle 
the are not charging for recovery storage or anything else I haven’t been in contact with them yet I know that I will have to reimburse them the outlay just wondering if I can claim this back from the 3rd party 

Grey_Critic

Whaqt does your policy say about Drink Driving claims? I think most insurers will say they will not pay for your repairs.

flying_low

It states that they will not pay out for this claim I would like to know if I can claim off the person that caused the accident 

DullGreyGuy

flying_low said:

Hello
They are just charging for the outlay of the settlement of the vehicle 
the are not charging for recovery storage or anything else I haven’t been in contact with them yet I know that I will have to reimburse them the outlay just wondering if I can claim this back from the 3rd party 

So if they are to blame you can recover the outlay plus your excess however they should be giving you credit for the salvage

flying_low

So you think I should be asking my insurance company for breakdown of payment & if it hasn’t included salvage I should be asking for the salvage 

DullGreyGuy

flying_low said:

So you think I should be asking my insurance company for breakdown of payment & if it hasn’t included salvage I should be asking for the salvage 

They either have to give you the car back or give you what they got for the car, they cannot have it both ways

flying_low

Thanks for your reply I’ll have to contact the insurance company about this