Car accident insurance issues

charleneann09

Someone crashed into me last week. Her insurance (hastings) contacted me straight away to deal with the car. I called them yesterday to ask why noone has been in touch about my injuries as I told them an ambulance was called for me. I was then told they do not process any claims for injuries. The accident wasn't my fault and the woman had admitted fault. Can this be correct? I thought her insurance company were liable to pay for any injuries incurred by me.
I have contacted my insurance company who have emailed them saying they need to take my injury details but I've still not heard anything. I'm not really sure how to proceed with this so if anyone has any advice that would be great.

Car_54

Claim from your own insurance. They will pursue Hastings, and they'll be better at it than you (they do it every day).

Mildly_Miffed

Bet you aren't actually speaking to Hastings, but to an "accident management" (= car hire) company.

charleneann09

Car_54 said:

Claim from your own insurance. They will pursue Hastings, and they'll be better at it than you (they do it every day).

They said we can't claim through them as the claim is being processed by hastings and we can't have 2 claims for the same thing 

charleneann09

Mildly_Miffed said:

Bet you aren't actually speaking to Hastings, but to an "accident management" (= car hire) company.

Do I need to ask for someone higher up?

laidbackgjr

Hastings are correct in saying they don't process claims for injuries for people who aren't their customer, but they will pay out if you put in a claim for £x based on the medical evidence that you've obtained, although it's likely to be a long protracted discussion over the evidence and amount. Otherwise speak to your own insurance company and ask them to take over the claim in it's entirety if you don't want to put in all the legwork.

DullGreyGuy

Car_54 said:

Claim from your own insurance. They will pursue Hastings, and they'll be better at it than you (they do it every day).

Your own insurance doesn't cover injuries, beyond a token PA and thats only for loss of limb or a sense etc. 

If you have legal expenses insurance they will instruct someone to help with your uninsured losses but they don't payout themselves and recover it, they represent you to claim directly from the third party insurer (or MIB etc)

charleneann09 said:

Someone crashed into me last week. Her insurance (hastings) contacted me straight away to deal with the car. I called them yesterday to ask why noone has been in touch about my injuries as I told them an ambulance was called for me. I was then told they do not process any claims for injuries. The accident wasn't my fault and the woman had admitted fault. Can this be correct? I thought her insurance company were liable to pay for any injuries incurred by me.
I have contacted my insurance company who have emailed them saying they need to take my injury details but I've still not heard anything. I'm not really sure how to proceed with this so if anyone has any advice that would be great.

They will be liable to pay for your injuries, assuming they are the insurer (hasting also act as a broker if they don't want the risk themselves). Just because they are liable to pay doesn't mean they have to handhold you through the process.

I do wonder however in this case if it is not to literal, in my claims days we had our TP/100% team that dealt with third party claims that didn't involve injury. We had a seperate Personal Injury team that dealt with the same sorts of claims, plus disputed liability, where there was an injury to the third party. When the person said they don't process claims for injuries it could just have been them meaning their team doesn't. 

Really your options are:

1) Go back to the TPI and clarify what they mean
2) If you have LE cover then go to your insurers and ask for assistance just with uninsured losses
3) Find your own no win, no fee lawyer to deal with the injuries
4) Use the new government Injury Portal to manage the claim against Hastings yourself. 

Really though, unless your injuries were limited to a superficial cut it's far too early to be discussing the injury claim yet. Just make sure you keep receipts from prescriptions or anything else you have to pay for to form part of the claim. 

Aretnap

DullGreyGuy said:

Really though, unless your injuries were limited to a superficial cut it's far too early to be discussing the injury claim yet. Just make sure you keep receipts from prescriptions or anything else you have to pay for to form part of the claim. 

Very much this. Do not accept an offer unless you are confident that you know your long term prognosis. If you accept a few hundred quid in full and final settlement now for (say) your sore knee in the expectation that it will be better in a couple of weeks, it will be too late to do anything more if it turns out that in six months time you can't walk.

Unless they're fairly minor injuries you should be looking for proper legal advice rather than trying to manage the claim yourself, or trusting the third party insurer to manage it for you.

charleneann09

Aretnap said:

DullGreyGuy said:

Really though, unless your injuries were limited to a superficial cut it's far too early to be discussing the injury claim yet. Just make sure you keep receipts from prescriptions or anything else you have to pay for to form part of the claim. 

Very much this. Do not accept an offer unless you are confident that you know your long term prognosis. If you accept a few hundred quid in full and final settlement now for (say) your  sore knee in the expectation that it will be better in a couple of weeks, it will be too late to do anything more if it turns out that in six months time you can't walk.

Unless they're fairly minor injuries you should be looking for proper legal advice rather than trying to manage the claim yourself, or trusting the third party insurer to manage it for you.

Oh I was not aware od this I genuinely believed it was all part of the same claim. I have really bad back ache and it doesn't help I was born with a muscular skeletal condition. Which will probably mean it takes longer to get better 

DullGreyGuy

charleneann09 said:

Aretnap said:

DullGreyGuy said:

Really though, unless your injuries were limited to a superficial cut it's far too early to be discussing the injury claim yet. Just make sure you keep receipts from prescriptions or anything else you have to pay for to form part of the claim. 

Very much this. Do not accept an offer unless you are confident that you know your long term prognosis. If you accept a few hundred quid in full and final settlement now for (say) your  sore knee in the expectation that it will be better in a couple of weeks, it will be too late to do anything more if it turns out that in six months time you can't walk.

Unless they're fairly minor injuries you should be looking for proper legal advice rather than trying to manage the claim yourself, or trusting the third party insurer to manage it for you.

Oh I was not aware od this I genuinely believed it was all part of the same claim. I have really bad back ache and it doesn't help I was born with a muscular skeletal condition. Which will probably mean it takes longer to get better 

It is part of the same claim but different aspects can get settled at different speeds... if you had major injuries like a loss of limb it'll take years to settle because you need the wound to heal, to see how you cope with life with a prosthetic etc that doesn't mean the car cannot be repaired/replaced, and potentially adapted, until all your injuries are healed.