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Should I Claim And From Whom?

My wife's car was hit from behind by a car which itself was hit in the rear by a van. There does not appear to be a lot of damage to my wife's car, but we are getting it checked out by the dealer. I suspect that the damage would not be more than £200 to repair if that.

My question is what is the best way to reclaim this money?

1) Do we approach the van driver direct and settle the amount privately if he is happy to do so.

2) Do we approach our insurance company and let them settle it? My wife has protected no claims, but will this route affect anything?

3) Do we approach the van driver's insurance company or the other car driver's insurance company?

Any advice would be welcome.
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Comments

  • steveo3002
    steveo3002 Posts: 2,731 Forumite
    Part of the Furniture Combo Breaker
    you need the van drivers insurance, that way if the garage finds extra damage when the take it apart for repair you are covered
  • I presume that I get a quotation for the work and then contact the van driver's insurance before proceeding. Or should I just contact the insurance company and let them get quotations?
  • epninety
    epninety Posts: 563 Forumite
    steveo3002 wrote: »
    you need the van drivers insurance, that way if the garage finds extra damage when the take it apart for repair you are covered

    I may be wrong, but I thought you needed the car drivers details, not the van drivers, as that was the vehicle which caused damage to yours. It's up to his insurer to pass the claim to the van insurance.

    In a three way claim, I wouldn't be keen to get involved in a cash settlement as there's more chance for an argument to start up later. Also dont forget you probably need to inform your insurance co. even if you are not making a claim.

    If you are making a claim, inform your ins. co. and let them take care of dealing with the other parties. I may fight shy of letting them sort out your damage though, having seen some of the clowns ins. co. will engage to do repairs. I'd want to select the repairer myself if possible.
  • Thanks for the thoughts. We will have to go through the van drivers insurers as my wife didn't take the car drivers details. She just took the van driver's details. Will steer clear of a cash settlement.
  • scbk
    scbk Posts: 1,216 Forumite
    1,000 Posts Combo Breaker
    It was the car that ran into your wife not the van, so you need to claim off the car driver's insurance.

    This is why tailgaiting is against the law, it causes accidents (not that your wife was to blame)

    Made me smile on the M6 last saturday in the heavy traffic, there was an accident (police/HATO were there), over 5 cars with broken bumpers at each end :rolleyes: :)
  • jonathon
    jonathon Posts: 751 Forumite
    Part of the Furniture 500 Posts
    she has to claim off the car that hit her insurance and him in turn off the van. why didnt she take the cars details ?
  • Tojo_Ralph
    Tojo_Ralph Posts: 8,373 Forumite
    1,000 Posts Combo Breaker
    Thanks for the thoughts. We will have to go through the van drivers insurers as my wife didn't take the car drivers details. She just took the van driver's details. Will steer clear of a cash settlement.

    I would agree with those who have stated that your claim is against the car that hit your wife, not the van driver and I doubt the van drivers insurance company will be volunteering to pay out more than they need to.

    IMHO you therefore need to try and get the car drivers details from the van driver. :)
    The MSE Dictionary
    Loophole - A word used to entice people to read clearly written Terms and Conditions.
    Rip Off - Clearly written Terms and Conditions.
    Terms and Conditions - Otherwise known as a loophole or a rip off.
  • movilogo
    movilogo Posts: 3,229 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Few months back I read about similar incident on Honest John's site. The rule says, in this case, you need to claim from the driver causing the accident! So, you need to claim against the van driver! The car driver's action didn't cause damage to your car, but it was the van driver who was responsible.
    Happiness is buying an item and then not checking its price after a month to discover it was reduced further.
  • askakd
    askakd Posts: 55 Forumite
    Part of the Furniture Combo Breaker
    From the information given, we have no way of knowing who caused the accident, therefore the claim will be against the car driver who caused the actual damage. you need to get the details of the car driver urgently
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    You are getting very mixed advice.

    Best scenario would have been to have obtained all the involved vehicles detrails.

    But as you didn't either of them should suffice.

    The insurers will determine responsibility/liability;)

    Let them earn there fees
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
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