I had a automobile collision as good as we hold it was third party’s fault. However, a third celebration as good as we have process from a same word company. The authorised word is same as well. What should we do to have certain which a word would action but seductiveness conflict? If we make use of opposite authorised firm, will it be better?
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Comments: 13 comments
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welcome news
August 15th, 2009 at 2:50 am
You have one advantage in that the insurance company will have both people’s versions of the incident and be able to better apportion liability quickly. They should advise you of the conflict of interest under FSA rules. The fact that you are insured with the same insurer does not affect your rights under contract (they must repair your car if you have comprehensive cover) nor does it affect the other driver’s rights under contract (the insurance company must pay damages you claim against him – under the liability section, if they think he is at fault).
Hopefully the insurance company will quickly decide on who is at fault and pay you your uninsured losses (excess, loss of earnings, injury etc). If not then you will have to look at the legal expenses insurance policy and see if there is an exclusion against them pursuing a claim against the insurer. If there is then you would probably have to raise a complaint in that they are not treating you fairly because of the conflict of interest.
It will certainly be cheaper and easier if you legal expenses insurance company pursues a claim on your behalf – the only problem you will have is if the other driver disputes liability – and instructs his legal expenses policy to claim against you. In that case they will have to withdraw due to a conflict of interest.
The insurance company may offer a split-liability settlement. You can challenge this if you wish, in order to preserve your no claims bonus – but this will delay payment of uninsured losses until the claim is settled. In this case I would assume the other driver would be pursuing a claim as well and so you both will need to take legal advice elsewhere.
jadore7
August 15th, 2009 at 2:50 am
Pay up.
malcolm7495
August 15th, 2009 at 2:50 am
The insurer should be quite capable at arriving at a fair decision if your not satisfied you can query later
leeincognito
August 15th, 2009 at 2:50 am
The insurer is out of pocket no matter who is at fault. They should still try to correctly apportion blame, since it affects your premiums.
Pëߧ..©® .... ¸♥ English Rose ♥¸
August 15th, 2009 at 2:50 am
I’ve got the same issue been continuing for 4 months, they are supposed to be atcing independantly on both behalfs ..
There should only be need for a legal frm, if there are persoal injuries claims
they have to b y law be just
Colin M
August 15th, 2009 at 2:50 am
There cannot be a conflict of interest if you think about it, the company is going to wind up paying anyway. What they will do is ensure that the person dealing with one policyholder is different from whoever deals with the other.
soulieupnorth
August 15th, 2009 at 2:50 am
It will be called knock for knock How you might say i know this my wife ran in the back of my car while parked on the drive way and we were insured by the same company
dels replies
August 15th, 2009 at 2:50 am
Depends if there is any claim apart from repair to vehicles… Both no doubt will be repaired satisfactorily…But you probably have to pay an excess .. In usual circumstances if the other driver can be proved to be at fault your insurance can claim this for you so you are not out of pocket.. Also if the other driver is again proved to be at fault your insurance can reclaim the cost of your repairs from the other co… This would result in your NCD not being affected… But as you say these things are not so clear when both are covered by the same insurer,I can’t imagine a company taking itself to court… You can only ask.. if necessary consult a solicitor… ,
oklatom
August 15th, 2009 at 2:50 am
It might be the same company, but it’s separate policy numbers and probably agents. No, it’s not a conflict of interest, the person at fault will have to pay the damages they caused, if anything the process should go a bit quicker.
tammy_anderson68
August 15th, 2009 at 2:50 am
I feel for you. The same thing happened to me. Although this state mandates that different divisions of the same company handle the claim to prevent any conflict of interest, both of us were equally screwed by the company. Be sure to use a different legal firm and check to see what their record is against that particular company. Some lawyers are not as good as their flashy ads would lead you to believe.
It ended up not being a good neighbor thing at all for me.
pkgfinder
August 15th, 2009 at 2:50 am
If you are talking about a bodily injury claim your insurance will cover your medical cost UP to the amount of the other parties policy THEN up to the amount of bodily injury of your policy. If you are talking about a settlement etc beyond that you will need an attorney. If you are only talking about repair of your vehicle it would be the same if you go through your policy or through theirs. It would be handled the same way. Remember this. Insurance companies ALL have their interest in mind and can be very jaded because of so many fraudulent claims. Unfortunately because of this they can tend to treat HONEST people as though they are lying. Don’t take it personal. If in doubt seek legal advice but remember an attorney will take a minimum of 33% of your ENTIRE settlement and up to 50% if it actually has to go to court. hopefully you have a friend or know someone who is an attorney who might help at a reduced fee. CSAA is about the best company in regards to how they treat customers and doing proper repairs. I manage a collision repair facility and they handle claims quickly and fairly.
John W
August 15th, 2009 at 2:50 am
Your insurance company will not try to apportion blame on you without reason, they don’t care about who the 3rd party is insured with, it’’s simple, if you caused the accident you will lose your no claims and your policy excess, if you didn’t cause it your no claims will be safe and you will get your excess back..
Contrary to public belief, insurance comapnies do try to be fair and they are strictly governed when deciding who is at fault when it comes to accidents..
kh
August 15th, 2009 at 2:50 am
the insurance company will pay from the policy of who is at fault. it wouldn’t matter if you had different companies or the same.
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