My vehicle is off the road as a result of the crash, can I hire a car?
Providing that you are able to prove that you need a vehicle, eg you travel to work, live in a remote area etc, then, yes, you can hire a car. You must ensure that the time you hire for is kept to a minimum and hire a like for like vehicle. Sometimes your insurers will be able to provide a car as part of your insurance policy benefits, but if they can't, or the vehicle is not suitable for your requirements then again there is no reason why you should not hire. We can put you in contact with a hire company who can assess your needs and supply a suitable vehicle. They will then ask us to claim the costs of hiring this vehicle back as part of your claim.
I only have third party insurance, what does this mean?
Basically, there are 2 types of insurance you can have – comprehensive insurance and third party insurance. If you have comprehensive insurance your insurers will take care of the bills relating to the damage to your vehicle, including any towing from the scene of the collision. They will then claim these back from the other driver if the crash was not your fault. If you have third party insurance, this only covers you for claims made against you by other people if you cause an accident. As such, you are responsible for any costs incurred in connection with the damage to your car. You can of course claim these back from the other driver if the collision was not your fault. If your car is not driveable we can put you in contact with a garage who can repair it, or, if it is damaged beyond repair, we can instruct an engineer to prepare a report as to its value. We can then claim these costs back. It is important to act promptly when your car is being stored by a garage as you will be being charged a daily rate for this.
The driver who caused the crash was not insured, can I still claim?
Yes. Sometimes, even if the driver was not themselves insured, the vehicle may have been insured and those insurers may still be responsible for paying any claims made following a collision. If not, your claim would be submitted to the Motor Insurers Bureau, (MIB), who deal with the claims of innocent motorists hit by uninsured drivers. Making a claim to the MIB can be a lengthy and complex process. You should also be aware that the MIB will not pay the first £300.00 of any property damage claim, which obviously includes vehicle damage, and they also do not reimburse insurance companies for their outlay which, in turn, can affect your no claims discount. You must report these accidents to the police as soon as possible.
I was hit by a "hit and run" driver. What can I do?
Again, your claim would be considered by the MIB. They have a scheme to compensate the victims of untraced drivers. They will only pay for property damage, (vehicle damage, items, clothing), if you have managed to obtain the registration number of the other vehicle and again it is subject to a £300.00 deduction. If the vehicle drove off and you didn't get any details, then the MIB would only consider your claim for injury and injury related losses, such as medication, medical treatment, loss of earnings etc. Again, you are obliged to report these accidents to the police as soon as possible.
I was not injured in the accident, can I still make a claim?
Even if you weren't injured, chances are you have some financial losses, such as your damaged car. If these losses are less than £5,000.00, then this is considered to be a "small claim" by the Court and you cannot recover the costs of employing a solicitor to represent you. We can send you a pack which contains helpful advice on how to deal with a small claim should you wish. If your losses are over £5,000.00, then we could assist you, as you should recover your legal costs if you win the case.
How long do I have to make a claim?
For a loss and injury claim against an insured motorist, you have 3 years from the date of the collision to issue court proceedings. You need to instruct your solicitor well before this deadline as they will have a lot of preparatory work to do before.
For a loss and injury claim against an uninsured motorist you also have 3 years, however, for an untraced motorist, you have 3 years to bring an injury claim, but only 9 months in which to submit a property damage claim, (even if you are also bringing an injury claim)
For a loss only claim, (where there are no injuries), you have 6 years from the date of the collision to issue court proceedings.
A child injured in an accident has until their 21st birthday to issue court proceedings.
