Involved in an accident whereby pulled off from opposite side of road into single line of queueing traffic at a roundabout. The gap I was going to go into the other driver decided did not want to let me in and so accellerated to close the gap, in doing so coming very close to the passenger side of my car. I stopped momentarily to allow them to continue, they didn't so I went forward damaging their wing mirror, which I could not see (small car). They say I am totally at fault, I say its 50-50. There is very minor damage to my car that I am not interested in claiming for. Can they claim off my insurance initially or do they have to claim off their own and then go to mine?
2007-12-08 07:32:29 · 22 answers · asked by footie 2 in Cars & Transportation ➔ Insurance & Registration
Also, if it goes through insurance, as I am not claiming for any damage, just 'informing them' in effect, do I pay an excess? Do I have to pay my excess on their damage?
2007-12-08 07:49:55 · update #1
both insurance companies will make their own decision. If he files though your insurance, then your insurance may offer him what they decided(100% damages, 70% damages, 50% damages, depending on their assessment of fault). If he does not like it then he can file through his inurance, THEN AND ONLY THEN would both insurance companies get together in attempt to reach a settlement. Maybe your insurance company will offer him 70% and he accepts it. Then everything is done with right then.
Now your insurance company will get both drivers account of what happened and they will make thier decision. If you don't agree with them, you can present your point to them but they may stick with their decision. Your policy says that they are able to settle claims as neccisary and you don't have to agree with them. If your insurance company pays the claim(which they very well may) they are looking out for your best interest. If they feel that they don't owe a claim or only owe part of the claim they won;t pay more then then owe. They will base their decision on statutes and the rules of the road which most drivers are not 100% familiar with.
If your insurance company pays for thier damage, it will be under your liablity coverage which does not have a deductable or excess for you to pay.
2007-12-08 08:33:24 · answer #1 · answered by abitawm 2 · 1⤊ 0⤋
You will have a hard time proving the driver who was already legally in the driving lane has fault in a collision with a vehicle entering a moving line of traffic. If you are judged at fault, it doesn't matter if you accept responsibility at all, they can claim on their insurance which then claims from your policy. Was a ticket issued by the local constabulary? Or were they even consulted. If not, the insurance companies are free to make their own determination of fault based on your statement that you were cut off, and his likely statement that you came out of nowhere and drove into him.
2007-12-08 08:51:27 · answer #2 · answered by Fred C 7 · 1⤊ 0⤋
They can't claim off your insurance policy because they are not a party to the contract (The insurer is the first party, you are the second party) - in fact thay are a 'third party' - hence the use of the phrase 'third party insurance'.
What happens is that they claim against you and you ask your insurance company to 'indemnify you' i.e. pay your losses from this claim. If they have comprehensive insurance then they CAN claim from their own insurance company BUT the excess under the policy is probably more than the cost of repairs.
You must advise your insurance company of the incident (see your policy wording). You can advise them that the report is for information only - in which case they will not disallow your no claims bonus BUT have you considered the potential costs that you might incur should you decide to deny (or only admit part) liability?
Nearly all motor policies DO NOT have a third-party excess so any claim made against you would be paid by the insurer in full. If they do pay you can re-imburse them to preserve your no claims bonus.
2007-12-08 21:58:36 · answer #3 · answered by welcome news 6 · 0⤊ 2⤋
In most of these sorts of claims when neither party has admitted liability the two insurance companies will almost always deal with the claims on what they call a "knock for knock" basis. This basically means the cost of repairs (or "write off" if applicable) will be split between the two insurance companies equally, no matter whose mistake is considered to be to blame or mainly to blame for the accident happening. That is just the way they work together.
2007-12-08 07:55:42 · answer #4 · answered by Wamibo 5 · 2⤊ 1⤋
You're totally at fault, you were the person entering the circle.
They can try to file the report with your insurer. A lot of personal auto companies will allow it. If you report the claim to your insurer, you're going to be found at fault. If you deny the claim to your insurer, they'll deny the claim, then the people can sue you, and they'll win. And your insurer won't pay the damages, as you lied to them. So you'll have to pay out of pocket.
One way or the other, they'll get their $$ from you. Sorry.
2007-12-08 12:17:51 · answer #5 · answered by Anonymous 7 · 2⤊ 1⤋
It's rather obvious who's to blame here, you drove into them. However, if you're in the UK they will report to their insurers who will in turn claim off your insurers and they will then bicker amongst themselves. Once a decision has been made that it was your fault, your company will pay out and you will lose your no-claims bonus.
It would probably be more sensible to offer to pay for their damage yourself, which will save them the hassle of all the paperwork and yourself your ncb.
2007-12-08 19:17:36 · answer #6 · answered by champer 7 · 0⤊ 0⤋
It depends on what state you live in. If you live in a state like Michigan that has no fault insurance then no matter who's fault it is your very own insurance pays for your car if you have full coverage and if not then your just screwed. But if you live in a state like Iowa or Illinois then you have regular insurance and in that case the other persons insurance has to pay. That would be you and in most cases they will win. You don't have to admit guilt. Its up to the two insurance companies to battle it out. What did the police report say? They will probably base any decision on that.
2007-12-08 07:48:11 · answer #7 · answered by Z 2 · 1⤊ 2⤋
Yes if you are proven to be at fault but as another driver seemed to behave aggressively you might be able to prove him at fault
You were the one that was entering an already existing line of traffic so you might be held as the guilty party
Give all the info to your insurance co and let them sort it out
2007-12-09 01:50:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
In an accident where no one was injured, the police will not get involved. How the claim will be settled finally is out of your hands. You submit your version, they submit theirs, and the insurance companies will decide. If the damage to them was just the wing mirror, you should try to settle it without your insurance getting involved. Sometimes it's cheaper that way.
2007-12-08 07:45:34 · answer #9 · answered by Anonymous · 3⤊ 1⤋
they changed the law several years ago to stop people doing what you are suggesting. It used to be that if you refused to fill in a report the other driver would have to do it as a civil claim.
Now the insured has to provide details and can be prosecuted if they refuse.
2007-12-08 09:30:44 · answer #10 · answered by rick r 2 · 1⤊ 0⤋