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  • FIRST POST
    • mrbg07546
    • By mrbg07546 4th Jan 18, 12:24 PM
    • 224Posts
    • 13Thanks
    mrbg07546
    Non fault claim - no legal Insurance
    • #1
    • 4th Jan 18, 12:24 PM
    Non fault claim - no legal Insurance 4th Jan 18 at 12:24 PM
    Someone hit the back of us last week.

    My wife (primary driver) and I who was driving (secondary)

    We had 2 young kids (3 nonth and 3.5 years ) in the back.

    Someone hit us on the back on the m1. So there at fault.


    We went to go. My wife has minor whiplash and back trouble. I have a bad back. Thanks fully kids are ok(except the 3.5 years is not keen to get in car)
    We also have the following issues.

    - I took taxi to go to go appointments
    - we have been given a courtesy car. But I donít feel good to drive it. So we been getting taxi everywhere


    We donít have legal cover(silly me)I will be perusing the injury claim. What are my options
Page 1
    • Robin9
    • By Robin9 4th Jan 18, 12:26 PM
    • 2,649 Posts
    • 1,726 Thanks
    Robin9
    • #2
    • 4th Jan 18, 12:26 PM
    • #2
    • 4th Jan 18, 12:26 PM
    Have you reported this to your insurers?
    Never pay on an estimated bill
    • mrbg07546
    • By mrbg07546 4th Jan 18, 1:09 PM
    • 224 Posts
    • 13 Thanks
    mrbg07546
    • #3
    • 4th Jan 18, 1:09 PM
    • #3
    • 4th Jan 18, 1:09 PM
    Have you reported this to your insurers?
    Originally posted by Robin9
    Yes I reported it to my insurance company within 24 hours of incident
    • glentoran99
    • By glentoran99 4th Jan 18, 1:12 PM
    • 5,336 Posts
    • 4,521 Thanks
    glentoran99
    • #4
    • 4th Jan 18, 1:12 PM
    • #4
    • 4th Jan 18, 1:12 PM
    Yes I reported it to my insurance company within 24 hours of incident
    Originally posted by mrbg07546




    Not the accident, your issues
    • missile
    • By missile 4th Jan 18, 1:20 PM
    • 9,479 Posts
    • 4,715 Thanks
    missile
    • #5
    • 4th Jan 18, 1:20 PM
    • #5
    • 4th Jan 18, 1:20 PM
    Go see a solicitor of your choice
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • IanMSpencer
    • By IanMSpencer 4th Jan 18, 1:43 PM
    • 1,462 Posts
    • 1,080 Thanks
    IanMSpencer
    • #6
    • 4th Jan 18, 1:43 PM
    • #6
    • 4th Jan 18, 1:43 PM
    You need to be careful. While you are entitled to compensation for the consequences of the accident, you are under an obligation to minimise your costs, so for example, if you are saying that you can drive but suffer some discomfort, rather than cannot drive, then the insurers might take the view that you are being extravagant and therefore might refuse to reimburse those costs.

    1. Record all expenses carefully.
    2. Make sure you have a proper medical record of your injury and any restrictions you have, not just your own opinion. It may cost to get a doctor to issue a letter confirming your injuries.
    3. Get legal advice. There are a number of options but DIY for a substantial claim is probably not going to be the best option unless you have time and tenacity. Be very clear though on what the charging options are going to be, and again it is important for you to minimise the costs to those that are reasonable, don't assume that as you have a rock solid case that if it goes to court you will get your money back for all your legal expenses - if it is decided you have been unreasonable, that might not be the case. That advice should cover what you can reasonably claim for and what is a risk.

    Not belittling the problems of a bad back, I've been there! However, you would need to prove that your journeys were reasonable and that your need to be driven was reasonable too.

    Further, if the insurer is providing a courtesy car, they may be expecting for the other party to reimburse the cost, so the other party would not be happy about paying for both an unused courtesy car and taxis. Talk to your insurer about this.
    • Quentin
    • By Quentin 4th Jan 18, 2:33 PM
    • 35,908 Posts
    • 20,170 Thanks
    Quentin
    • #7
    • 4th Jan 18, 2:33 PM
    • #7
    • 4th Jan 18, 2:33 PM
    You need to get your own legal team dealing with this for you and the children. ,(,Minors have till they are 21 to claim compensation for injuries and who knows what may develop over the years)

    A no win no fee solicitors specialising in injury claims is worth discussing this with
    • mrbg07546
    • By mrbg07546 4th Jan 18, 2:50 PM
    • 224 Posts
    • 13 Thanks
    mrbg07546
    • #8
    • 4th Jan 18, 2:50 PM
    • #8
    • 4th Jan 18, 2:50 PM
    Ok. I rang a solicter. They asked if me or wife was a member of a trade union. She is with unison. They said as this is the case they won!!!8217;t take 25 percent of fee?
    • Quentin
    • By Quentin 4th Jan 18, 2:55 PM
    • 35,908 Posts
    • 20,170 Thanks
    Quentin
    • #9
    • 4th Jan 18, 2:55 PM
    • #9
    • 4th Jan 18, 2:55 PM
    Yes - use the union's legal team
    • AdrianC
    • By AdrianC 4th Jan 18, 3:48 PM
    • 17,602 Posts
    • 15,967 Thanks
    AdrianC
    Someone hit us on the back on the m1. So there at fault.
    Originally posted by mrbg07546
    Is it that clearcut? If they start claiming you changed lanes and braked sharply...

    My wife has minor whiplash and back trouble. I have a bad back.
    Document it thoroughly.

    We also have the following issues.

    - I took taxi to go to go appointments
    - we have been given a courtesy car. But I donít feel good to drive it. So we been getting taxi everywhere
    Then hand the courtesy car back NOW. But if the taxis are costing more than the courtesy car, you're not going to get them fully repaid. If neither of you are physically ABLE to drive, rather than simply "don't want to", then get that fully documented by your doctor.

    We donít have legal cover(silly me)I will be perusing the injury claim. What are my options
    Just go through your insurer, assuming you're fully comp. If the other driver has admitted liability, go straight to his insurer. There is no need for anything to go legal at all.
    • Joe Horner
    • By Joe Horner 4th Jan 18, 4:14 PM
    • 4,378 Posts
    • 3,849 Thanks
    Joe Horner
    She is with unison.
    Originally posted by mrbg07546
    In that case she does have legal cover for this as part of her membership.

    https://www.unison.org.uk/get-help/services-support/legal-services/

    UNISON provides quality legal services for employment-related and non-work issues at no extra cost to members and their family.


    What do UNISON legal services cover?

    Employment advice
    Personal injury service Ė covers any accident which happens either outside or in the workplace, including assaults at work and industrial disease claims as well as road traffic accidents and accidents on holiday.
    • Quentin
    • By Quentin 4th Jan 18, 4:18 PM
    • 35,908 Posts
    • 20,170 Thanks
    Quentin


    Just go through your insurer, assuming you're fully comp. If the other driver has admitted liability, go straight to his insurer. There is no need for anything to go legal at all.
    Originally posted by AdrianC
    If you have no uninsured losses recovery (aka motor legal cover) then irrespective of whether or not you have comprehensive cover your insurer won't help over any uninsured losses eg. Injury compensation/ taxi fares/loss of earnings
    • mrbg07546
    • By mrbg07546 4th Jan 18, 9:14 PM
    • 224 Posts
    • 13 Thanks
    mrbg07546
    Many thanks all.

    My renewal is coming up. If we have this with unison, do we need the motor legal cover going forward??
    • Joe Horner
    • By Joe Horner 4th Jan 18, 9:24 PM
    • 4,378 Posts
    • 3,849 Thanks
    Joe Horner
    Many thanks all.

    My renewal is coming up. If we have this with unison, do we need the motor legal cover going forward??
    Originally posted by mrbg07546
    No. Both offer broadly the same service, so you may as well use the one you're effectively getting for free
    • mrbg07546
    • By mrbg07546 4th Jan 18, 10:09 PM
    • 224 Posts
    • 13 Thanks
    mrbg07546
    Thanks all. Again.

    I wasnít gonna claim because Iím just glad my children are ok.

    But Iíve read a few threads here so I will go through the process.

    My car did a lot of good work and gave us lots of protection(a merc) A young corsa driver hit me
    • glentoran99
    • By glentoran99 5th Jan 18, 11:33 AM
    • 5,336 Posts
    • 4,521 Thanks
    glentoran99
    Is it that clearcut? If they start claiming you changed lanes and braked sharply...
    .
    Originally posted by AdrianC


    I tried that excuse when I went in the back off someone, my Insurer was having none of it,


    Other party tried that excuse when they went into the back of my wife, Insurer paid up no quibble, Its generally considered non fault if you get hit from behind, Ive never come across a case where it went any other way
    • AndyMc.....
    • By AndyMc..... 5th Jan 18, 12:42 PM
    • 1,575 Posts
    • 1,012 Thanks
    AndyMc.....
    I tried that excuse when I went in the back off someone, my Insurer was having none of it,


    Other party tried that excuse when they went into the back of my wife, Insurer paid up no quibble, Its generally considered non fault if you get hit from behind, Ive never come across a case where it went any other way
    Originally posted by glentoran99
    Karma strikes then.

    Someone carved you up and you paid. Your wife carved someone up and they paid.
    • Aretnap
    • By Aretnap 5th Jan 18, 1:37 PM
    • 2,976 Posts
    • 2,490 Thanks
    Aretnap
    Other party tried that excuse when they went into the back of my wife, Insurer paid up no quibble, Its generally considered non fault if you get hit from behind, Ive never come across a case where it went any other way
    Originally posted by glentoran99
    They do happen, though they are not common. One of the more recent examples is Ali v D'Brass, where a driver who braked "without warning and for no good reason" was found to be 40% liable for the resulting collision - the driver who hit him still got 80% of the blame. Reading between the lines there was some road rage, tailgating and brake-testing going on (it involved a BMW and a white van), but those actual words don't appear in the court reports.

    In practice there's a presumption that the driver behind is responsible unless there's good evidence to the contrary, and I can't imagine an insurer would think it was worth even trying to rebut that presumption unless it was a particularly big claim or the evidence was particularly good (or preferably both).
    • IanMSpencer
    • By IanMSpencer 5th Jan 18, 2:02 PM
    • 1,462 Posts
    • 1,080 Thanks
    IanMSpencer
    In practice there's a presumption that the driver behind is responsible unless there's good evidence to the contrary, and I can't imagine an insurer would think it was worth even trying to rebut that presumption unless it was a particularly big claim or the evidence was particularly good (or preferably both).
    Originally posted by Aretnap
    OTOH, it would not be a good idea to rack up large charges if your accident did happen to fall into the small number of scenarios where there could be blame apportioned, or even, being cynical, where the other party was able to suggest that a different scenario than the victim believed happened did occur.

    So for example, if the scenario had any hint of lane changing by the hit car then the defence of "the following car should have kept its distance" fails.

    The danger is to assert that a rear end accident will always be settled in favour of the front car without knowing the circumstances might create the false impression that it is safe to run up significant costs depending on that outcome.

    The other scenario might be the uninsured driver - I'm not familiar with how this would end up, but I think again you might be at risk.

    All I am saying is - be certain that any optional costs you incur will be reimbursed before you start incurring them.
    • glentoran99
    • By glentoran99 5th Jan 18, 2:09 PM
    • 5,336 Posts
    • 4,521 Thanks
    glentoran99
    Karma strikes then.

    Someone carved you up and you paid. Your wife carved someone up and they paid.
    Originally posted by AndyMc.....


    Or I wasn't paying attention and didn't stop in time, and the the wife had the audacity to stop at a red light
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