04 Apr 2016

A question about : Accident in borrowed vehicle

Just checking how this works on behalf of wife's workmate.

Her car was off the road but insured fully comp with LV=
Policy says she is covered 3rd party to drive other vehicles.
She borrowed a friends car with their permission.

She had an accident today.
Other driver admitted she was at fault.
There is a witness. Police were present.

She phoned LV= who explained its 3rd party only and weren't going to help with the claim.

I spoke to her and suggested she call the other drivers insurer (DLine) and ask them to deal with the claim and drop into the conversation she is considering using a Claims Management company.

Is that the right advice and best way to get the claim moving?

Slight risk of the other driver backtracking I guess but I've seen the pictures that make it look like the other driver was going the wrong way around the mini roundabout!

Best answers:

  • Yeah she needs to do the chasing unless one of the claims company think she has a good case and worth taking on.
    If the other driver denies liability or says she was partially to blame though, it could take a while for it to get sorted.
    Is the car still driveable?
  • I would call the liable person's insurance and suggest several accident management companies have been phoning you and if they won't help you'll need to go via that route.
  • Just been on the phone to her after she had phoned DL. The other driver has now denied liability.
    Bit crazy IMO because the other driver has no witnesses and my wifes friend has two independent witnesses and the photo's look damning.
    I will post them up, obscuring any VRN's.
    I told her to now pester LV= because they should now expect a claim against her.
    Car is not driveable apparently.
    Grey car is wife's workmates, trying to drive straight on.
  • It'll be interesting to know how she'll be claiming she's not liable from those photos.
  • Ask your insurance for a recommendation for a claims company, they usually have at least one on referral.
  • I am really struggling to see any basis on which the third party is denying liability based on those photographs. The cars haven't moved from their point of collision and movement would have been relatively minor because they're still touching, which means that the other vehicle must have been pointing more or less in that direction at the point of impact. My instinct is the same as yours; it looks like they've been driving the wrong way round a roundabout, or perhaps tried to cut across it or similar?
    Anyway, if the other party is denying liability do you know whether or not they are intending to bring a claim for their vehicle damage? The reason why I ask that is because if the other side are bringing a claim, your wife's insurer would then get involved to defend that claim, and in that situation you could probably convince them to counterclaim for the repair costs.
    The situation becomes a little more tricky if the other side are denying liability but are not intending to bring a claim for the vehicle damage. The issue is that unless there has been any injury this is almost certainly a small claim, and it is not therefore a claim that either a solicitors firm or claims management company would take on a 'no win no fee' basis. It is a situation where such a company may try to convince your wife to take a hire vehicle and ramp up costs that way, though given that it is not her vehicle even that may be unlikely, and I expect you've been active long enough on this site not to be caught by that anyway.
    Unless someone else is aware of claims management companies who deal with small claims (and if so, I would be interested to know on what basis), it may be that your wife has to start a claim herself.
  • They will probably claim, they were signalling to turn right and took avoiding action against a car approaching too fast ignoring the car already on the roundabout.
    If you were going straight on and they were indicating right, it will take some explaining as to why you were on the roundabout at all.
  • It's crazy to admit liability at the roadside, no matter what the circumstances. You don't know what the eventual implications might be. They probably just want the insurance companies to sort it all out. It doesn't mean that they're going to lie about the accident.
  • You can not judge positions of pre- collision from photos, the forces are such cars get pushed, spun round, moved.
    The silver car has its wheel on the roundabout if we start going down that road.
    I would get ready for a 50/50% decision on this.
  • It appears to be an open and shut case. Would be even more water tight with a dashboard camera.
  • Thanks everyone for your comments and advice.
    The driver of the white car cut across the roundabout. i.e. didn't go around it so as Jamie says the collision happened where the cars are photographed.
    There is no way the white car would end up there if they have been proceeding around the roundabout correctly.
    There are 2 independent witnesses (pedestrians) who were in fear of their safety because the white car was heading towards them just before the collision.
    Police were on the scene very quickly and took statements. No idea if the white car driver admitted fault to them but they were apologising profusely.
    White car driver banged to rights with overwhelming evidence in my opinion.
    The problem now is white car driver is claiming it is grey car drivers fault, despite overwhelming evidence and no witnesses to back her up.
    I have advised Grey car driver to hassle DL. She has phoned again and it sounds like white car is not admitting fault but also not going to claim.
    So both insurers are backing off, not helping and both now saying grey car should engage a CMC.
    Any other options here?
    I don't know any reputable CMC's that I could recommend. I certainly don't want to make things any more difficult for an already distressed innocent victim.
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