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EZrider
L Plate Warrior



Joined: 25 Nov 2018
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PostPosted: 13:13 - 25 Nov 2018    Post subject: Insurance complicated matter Reply with quote

I have been involved in accident. The third party hit me at rear then after 2 hours their representatives called me to offer help.I did not have time to answer. They left message and I have never contacted them.
Now this part is a little complicated, be patient.
I have reported accident to WRONG insurance company I had policy before and hence my call mistakenly dialed to them.They asked for address, my date of birthday and so on.Then they refered to some extranal company stating that in this case it goes against Third Party Insurer.
Bike has been taken to repair and company dealing with it is in process of notifying Third part of costs and they will order parts to be replaced.Same happened with minor body injury,I have been refered to some tratment company.
I am all stressed as I have never claimed against 3rd party insurer.
I have never recieved emails or calls from my insurer neither insurer I called by error ( as I assume case goes via others they do not have to contact me).
Now I have few questions.
Cow the insurance company I have no policy with can check my details and do not notify me about that I called wrong company still moving case to some external company.
Is that error or the person I talked to?
If this goes against third party should I still call my company and tell them that I called incorrect company to report accident?
Am I covered and should not worry.
Should I wait until all gets settled?
Does this matter in this case who I did call to report and they have some major database and they know who I am insured with?
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doggone
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Joined: 20 May 2004
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PostPosted: 14:34 - 25 Nov 2018    Post subject: Reply with quote

Have you now reported it to the current insurers?
You need to do that regardless, you can't let it drift on.

Obviously the company you contacted should have said sorry Mr Rider you are not on our database any more.
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yen_powell
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Joined: 22 Jun 2008
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PostPosted: 15:12 - 25 Nov 2018    Post subject: Reply with quote

doggone wrote:


Obviously the company you contacted should have said sorry Mr Rider you are not on our database any more.
Unless it auto-renewed and he never noticed.
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T.C
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Joined: 05 Nov 2003
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PostPosted: 16:30 - 25 Nov 2018    Post subject: Reply with quote

You have been hit up the rear, that is called strict liability and as a result it matters not who you reported the crash/claim to as the claim is made against the third parties insurance not yours.

Strict liability means that the oter side cannot wiggle out of denying responsibility (save for a couple of exceptions) and if you have been insured you do not really need to even report it to your insurance company unless you are using to use your legal expenses insurance (assuming you have it as part of your policy) and even then, you are not obliged to use the solicitors appointed by your insurance comapny, you are free to use whoever you want.

Once the solicitor is in place, your insurance company will have very little involevement anyway.

So back to the original point, at this stage you do not need to report it per se unless making use of LEI and from a civil claim point of view, it would not even matter if you were uninsured as it makes no difference to your entitlement to claim.

So don't worry about it. It makes no difference.
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EZrider
L Plate Warrior



Joined: 25 Nov 2018
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PostPosted: 17:20 - 25 Nov 2018    Post subject: Reply with quote

T.C
Thanks for good explanation.
My logic dictates me that you are right.
Only doubts I have is does it matter to Insurance company I have wrongly reported to if they will be charged by solicitors running the case.
If there is no Policy with them how are they going to sort it out?Maybe I am getting too paranoid.
In shorts.I thought there are always some financial obligations between whoever I have reported to and solicitors or I am wrong in this instance because none of insurers is assigned to my case.
I have never recieved any email from any of old and current insurers.I take it as they have nothing to do otherwise I would get some automatic email.
That is most bizzare thing has happened to me regarding vehicle insurance in my whole life .
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T.C
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Joined: 05 Nov 2003
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PostPosted: 17:47 - 25 Nov 2018    Post subject: Reply with quote

EZrider wrote:
T.C
Thanks for good explanation.
My logic dictates me that you are right.
Only doubts I have is does it matter to Insurance company I have wrongly reported to if they will be charged by solicitors running the case.
If there is no Policy with them how are they going to sort it out?Maybe I am getting too paranoid.
In shorts.I thought there are always some financial obligations between whoever I have reported to and solicitors or I am wrong in this instance because none of insurers is assigned to my case.
I have never recieved any email from any of old and current insurers.I take it as they have nothing to do otherwise I would get some automatic email.
That is most bizzare thing has happened to me regarding vehicle insurance in my whole life .


Insurance companies do not get charged by solicitors for referring cases in the same way that paying referral fees has been illegal for a few years now.

What has happened in the past few years though is that some of the bigger insurance companoes have actually brought out their own law firms so they can keep all their costs in house and make a few shillings and regardless of whether they fight your corner or do the minimum, they will get paid anyway, which is why in 99% of cases you are better off going elsewhere for your legal representation.

But in any case you are not liable to any costs to any solicitor until such time as you formally instruct them to represent you and sign the agreement either under the terms of a legal expenses insurance or a no win no fee agreement (conditional fee agreement is its proper name).

But whover you get to represent you, you always have the option of moving law firms if you become dissatisfied with the way your case is being handled.

So, if 6 months or a year down the line you think you are being screwed over or the firm is not looking after your best interests, yu are free to change to sack your current firm and move elsewhere without any financial obligation.

All that happenss id that your new firm will write to the old firm requesting your file (which they are obliged to hand over) and also provide an undertaking to pay your old firms reasonable costs at the successful conclusion of the case.

These costs are claimed back from the third party (The defendant)

So you have no financial obligation to anyone.

Even if you instruct solicitors whether it be under a CFA or an LEI, the only time you are likely to bear any financial obligation is it it transpires that you lied about or exagerated the severity of your injuries, or if you decide to withdraw your legal representation some time down the line and your law firm is not given the opportunity to recoup some of their costs.

The reason I mention about exagerating the severity of your injuries is because in minor injury cases there is no obligation to obtain medical records anymore, and if you claim the injuries are more severe than they actually are and therefore more resources have been put into the case and therefore higher costs accrued on that basis, then they will be unlikey to recover all their costs because of fixed fees uner the fast track scheme and they would therefore probably come after you for the difference in the costs they recovered and what they should have recovered.

But, tell the truth and it will not cost you a penny.
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MCN
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Joined: 22 Jul 2015
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PostPosted: 17:53 - 25 Nov 2018    Post subject: Reply with quote

Report to your insurer.
Write down what happened, when, where and who was involved.
No matter who is at fault you are making a claim and you were involved in an accident.
Two things that can be a cause to load your future insurance premiums for any vehicles you want to insure.
They may not add anything to the cost but you have to.let them know before buying insurance.

And make a point of ensuring that you recover any 'Un-Insured Loss'. That is what 'excess' you agreed to pay before your insurers begin to pay any costs. If you took a policy with £300 excess then if the repair bill is £500 then you will have to pay £300 and your insurer pays the balance £200 (Or more depending on cost of repairs.)
You may want to use you insurer/brokers to deal with it all for convenience.

The main points are:
You are making a claim. Claim and Blame is another matter as far as insurance is concerned.
And you were involved in an accident. The insurers can use this as reason to load policies using their statistical formula.

It really should be a straight forward deal providing you are dealing with real people and not some of the reptiles dealing with insurance these days.
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Disclaimer: The comments above may be predicted text and not necessarily the opinion of MCN.


Last edited by MCN on 18:03 - 25 Nov 2018; edited 1 time in total
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EZrider
L Plate Warrior



Joined: 25 Nov 2018
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PostPosted: 17:58 - 25 Nov 2018    Post subject: Reply with quote

T.C
Sounds convincing.
How come you know so much about subject if I may ask?
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T.C
World Chat Champion



Joined: 05 Nov 2003
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PostPosted: 18:03 - 25 Nov 2018    Post subject: Reply with quote

EZrider wrote:
T.C
Sounds convincing.
How come you know so much about subject if I may ask?


Its the area of law I work in
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EZrider
L Plate Warrior



Joined: 25 Nov 2018
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PostPosted: 18:12 - 25 Nov 2018    Post subject: Reply with quote

Quote:

Its the area of law I work in

Thank you sir for spending time posting replies to my topic. Thumbs Up
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