Getting compensation after an accident or non fault incident.

"No Win No Fee accident compensation claims"

So you've had a accident and your pride and joy is damaged.

If the cost of repairs exceeds 50% of the current market value of the car it is likely to be deemed a total loss and written off.

Fault claims
Comprehensive cover - your insurers will repair the car or make an offer of the current market value of the car. Your excess (deductible) will be taken off the amount paid out or in the case of a repair the repairer will ask you to pay the excess effectively collecting this for the insurers. The claim was your fault so you have no way to claim back your excess. Even if you think the accident was your fault TorqueCars recommends that in line with your policy wording you do not admit liability, leave this to the insurers. A technicality may come to your defence here if you have not prejudiced yourself by admitting liability.

Non Fault claims
Comprehensive Cover
You will again pay the excess or have the excess deducted but this will be recoverable from the guilty party (ultimately their insurers.)

Values of cars - everyone is disappointed at the value given on a car. The value will generally be the current glass's guide price which tends to be around the level of Parkers good condition private sale.

Negotiation begins. If you obtained the car from a main dealer with a warrantee you have an opportunity to negotiate a price nearer to the main dealer prices. If you can prove that cars in the same condition as yours are selling for more money you can go back to the insurers and negotiate a higher valuation. Remember that if your car has rust or a dent (before the accident of course!) this will be deducted from the offer amount generally by the amount it would cost to repair the fault.

When you search online print off the cars for sale in your area (say 100 miles) and send this to your insurers. Similar condition cars must also be a similar mileage and be the same age. Also if you have done some work on the car that puts it in a better condition than average such as a reconditioned engine this can add weight to the argument for more money (changing the oil and servicing is not an extra but is expected. Ask yourself if I were buying this car is it worth more money having had this work done!)

Injury claims are dealt with by the guilty drivers insurers. In the event of the third party driver being uninsured you will have to make an injury compensation claim against the motor insurers bureau (only for injury claims though.) Get any injuries thoroughly checked over - they can have a profound effect on the rest of your life or complications can arise later negotiate compensation based on a sound medical opinion rather than shrugging it off as one of those things.

Third Party fire and theft and Third party only cover does not pay for your car in the event of an accident even if it is not your fault. You need to claim back your uninsured losses from the other driver.

There are many uninsured loss recovery claim specialists and many of them offer a no win no fee basis - it is worth checking what the fee is when they win and if this is deducted from the compensation claim at source or if the payment is required from you up front.

Liability.
Liability is decided upon pretty much solely on the basis of the road traffic act and you need to bear in mind that speed is hard to prove so it cannot be used as an effective accusation against the other driver.

If they were driving down the main road at 90 miles per hour and you pulled out and they slammed in to the back of you it is classed as your fault. The other driver had the right of way.

In the same situation if the third party came around a bend at 90 miles per hour and you pulled out you have a defence, but only if the collision happened outside the stopping distance the third party would have been expected to stop in it becomes his fault. So measure the distances - take photos and allege 'the third party was not visible. I deemed it to be safe to move on the road. I travelled 300 feet when the third party collided with the rear of my vehicle - at the correct road speed his stopping distance is 150feet. The third party failed to keep a proper look out, failed to control his vehicle and bring it to a stop.'

If you are in the wrong lane on a roundabout, or moved into the path of another car within his stopping distance liability is again down to you.

A recorded delivery letter should be sent to the other driver to pass on to his insurers. Write without prejudice at the top and do not accept liability, merely state facts - day & place of incident. The fact that you hold their insured responsible and that he has 14 days to respond to you with his insurance details (policy number and name/address).

When you have the insurers details send them a letter with your details outlining the quantum (the amount) of your claim and state the allegations against their client. (Use diagrams and photos - it makes your argument look much better.) Once liability is established and accepted you can then submit a claim for compensation detailing all the losses incurred that were not covered by your policy such as hire car, hospital and medical expenses and ongoing medical problems backed up with documentary evidence such as receipts and medical reports (send copies at this stage.)

This article was written by Waynne Smith on TorqueCars, and I appreciate your feedback and suggestions. This entry was filed under Articles, Insurance. You can leave a response below or join TorqueCars forum to discuss this article and car modification in detail with our members.

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