Car Insurance claiming question

paulfoel

If you have an accident and there is doubt over which driver was at
fault what happens?


I know usually the insurance companies dont bother getting involved in
any arguments but what happens?
Do you both end up claiming on your own insurance (and paying the
excess) ? Or claiming off each others (with no excess to pay)?

raskazz

If both parties are comprehensively covered they both claim under their own policy. Then this leaves the two insurers to negotiate over liability after repairs have been sorted.

paulfoel

raskazz wrote: »

If both parties are comprehensively covered they both claim under their own policy. Then this leaves the two insurers to negotiate over liability after repairs have been sorted.

But that means the excess must be paid, yeh?

Or is there ANY chance of reclaiming this?

raskazz

paulfoel wrote: »

But that means the excess must be paid, yeh?

Or is there ANY chance of reclaiming this?

Yes, if you claim under your own policy the excess will be payable. You can recover all (or some) of it if the other party is subsequently found to be wholly (or partially) at fault.

paulfoel

raskazz wrote: »

Yes, if you claim under your own policy the excess will be payable. You can recover all (or some) of it if the other party is subsequently found to be wholly (or partially) at fault.

Well, I do have legal claim cover....

But, what are my chances? How on earth do I prove I was not at fault?

raskazz

paulfoel wrote: »

Well, I do have legal claim cover....

But, what are my chances? How on earth do I prove I was not at fault?

Impossible to say what your chances are given we know nothing about the incident, the circumstances around it or other evidence. You prove you were not at fault through evidence (e.g independent witnesses) - although given that you wrote in the first post that there was doubt suggests to me that you were at fault to some extent!

tootie

You should send in any evidence - photographs or names and adres of independant witness' you may have to your insurance company

They will look at the evidence and decide if a claim is worth persuing.
If they decide to do this they will make a claim to the TP insurance and wait for a response.
Depending on what evidence the TP has given their insurance, the two companies will negotiate liability.

It is generally straightforward to the insurance company as to who is liable and who is not. If both sides decide that you are both at fault then they will negotiate between themselves if it will be 50-50 0r 30-70 etc

depending on what percentage you were at fault, you can claim the percentage of your excess back

paulfoel

tootie wrote: »

You should send in any evidence - photographs or names and adres of independant witness' you may have to your insurance company

They will look at the evidence and decide if a claim is worth persuing.
If they decide to do this they will make a claim to the TP insurance and wait for a response.
Depending on what evidence the TP has given their insurance, the two companies will negotiate liability.

It is generally straightforward to the insurance company as to who is liable and who is not. If both sides decide that you are both at fault then they will negotiate between themselves if it will be 50-50 0r 30-70 etc

depending on what percentage you were at fault, you can claim the percentage of your excess back

No witnesses unfortunately....