Car insurance/claim question

s88urd

DullGreyGuy said:

s88urd said:

DullGreyGuy said:

So you think a parked vehicle is to blame for the accident?  Would love to hear your argument for that one in court. 

The claim will have to go against the driver of the vehicle that shunted the van into you. Given your statement about them being uninsured and an overseas resident that is inevitably going to be difficult and likely best left to your insurers. Worth checking if your insurance has anything like a "uninsured driver promise" as certain direct to consumer brands do to avoid it being considered a fault claim if they cannot recover their outlay

Hi, no i dont think the parked vechile is to blame, as i said i would feel bad claiming against the owner as its not something they have done. The question stems from others advising me that it's the person who hits from behind who is liable, so I was just asking the questionon here for clarification. So the attitude is not appreciated thankyou.

Unfortunately thats the sort of thing the bloke down the pub will say and it's over simplistic. 

To claim off someone you must be able to demonstrate they were negligent, ie they did something a reasonable person wouldn't do or failed to do something a reasonable person would do. Parking your van up with the handbrake on is not negligent. Someone pushing your parked vehicle into another is not your negligence but is the negligence of the person that hit your car. 

If your logic was true then if you reversed into a parked car then you could claim it was their fault because you have rear damage. Clearly thats not true

born_again said:

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

No it won't @born_again the van insurer will repudiate the claim from the OP and tell them to pursue the driver of the car

Sorry yes, i know what you mean. To be honest i would feel the same if my parked car got pushed into the back of another as clearly its not the Van owners fault (or anything he/she has done to cause the accident)

My insurance seem ok about it, have taken the details of all the vehciles and people involved and it basically falls down to noone being able to claim from the driver as he is not insured.
Luckily my uninsured drivers promise states that my excess is waived and it wont impact my NCD however my renewal will increase,

BarelySentientAI

s88urd said:

DullGreyGuy said:

s88urd said:

DullGreyGuy said:

So you think a parked vehicle is to blame for the accident?  Would love to hear your argument for that one in court. 

The claim will have to go against the driver of the vehicle that shunted the van into you. Given your statement about them being uninsured and an overseas resident that is inevitably going to be difficult and likely best left to your insurers. Worth checking if your insurance has anything like a "uninsured driver promise" as certain direct to consumer brands do to avoid it being considered a fault claim if they cannot recover their outlay

Hi, no i dont think the parked vechile is to blame, as i said i would feel bad claiming against the owner as its not something they have done. The question stems from others advising me that it's the person who hits from behind who is liable, so I was just asking the questionon here for clarification. So the attitude is not appreciated thankyou.

Unfortunately thats the sort of thing the bloke down the pub will say and it's over simplistic. 

To claim off someone you must be able to demonstrate they were negligent, ie they did something a reasonable person wouldn't do or failed to do something a reasonable person would do. Parking your van up with the handbrake on is not negligent. Someone pushing your parked vehicle into another is not your negligence but is the negligence of the person that hit your car. 

If your logic was true then if you reversed into a parked car then you could claim it was their fault because you have rear damage. Clearly thats not true

born_again said:

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

No it won't @born_again the van insurer will repudiate the claim from the OP and tell them to pursue the driver of the car

Sorry yes, i know what you mean. To be honest i would feel the same if my parked car got pushed into the back of another as clearly its not the Van owners fault (or anything he/she has done to cause the accident)

My insurance seem ok about it, have taken the details of all the vehciles and people involved and it basically falls down to noone being able to claim from the driver as he is not insured.
Luckily my uninsured drivers promise states that my excess is waived and it wont impact my NCD however my renewal will increase,

Which it would even if the other driver was insured of course.

born_again

DullGreyGuy said:

born_again said:

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

No it won't @born_again the van insurer will repudiate the claim from the OP and tell them to pursue the driver of the car

Things have changed a bit then have they?

DullGreyGuy

born_again said:

DullGreyGuy said:

born_again said:

It will become a chain of claims. Each person claiming off the owner of the vehicle that hit theirs.

No it won't @born_again the van insurer will repudiate the claim from the OP and tell them to pursue the driver of the car

Things have changed a bit then have they?

Nope, been the same the 20 years I've been doing insurance. 

Its different if its a queue of traffic and a shunt where there is inevitably a question of if the middle car hit the OP first and was then in turn hit themselves or if the middle car stopped in time and was then pushed into the OP. In that scenario sometimes the lead car will be dealt with on a Without Prejudice basis as the clear innocent party whilst the two cars behind fight it out. 

This is clear cut, the van was pushed into the OP as it was parked and unattended at the time and as such they aren't going to entertain taking on costs on a WP basis which they will then be stuck with when its confirmed no other insurance is in place and the TP driver doesn't have the means to reimburse the claim.