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Guide To Motor Insurance Policy Legal Claims 2023

Guide To Motor Insurance Policy Legal Claims 2023: The IM Insurance Service Guide welcomes you. This is intended to help new and existing clients understand what to do in the event of an accident and what is involved in the claims process with insurers and attorneys. If you are an existing customer, you may be directed to this website for a definition of medical and/or legal terms used in correspondence or reports you have received.

Read More:Brain injury in Law – Everything you need to know

Car Insurance Policies

You must insure your vehicle for road use. Assuming you have valid insurance coverage, your insurers will handle any claim brought against you in relation to a traffic collision.

Comprehensive car insurance

If your vehicle is covered by Comprehensive insurance coverage, your insurers will handle the repairs or total loss settlement. If the other party is at fault, they will subsequently attempt to recoup any payments made to you from them.

You may have a policy excess where you are responsible for the first £50.00, £100.00, £200.00, etc., of any claim involving your vehicle. You will either have to pay this amount directly to the garage, obtaining a receipt, or it will be deducted from any total loss payment if your vehicle is beyond economical repair.

If your car is covered by a Third Party Fire & Theft policy, your insurers will only pay for damage caused by a fire or theft. Also, they will be liable for any claims made against you by the opposing party.

In addition, your insurers may need your cooperation with the following:

Immediately reporting any occurrence that may give rise to a claim (preferably within 24 hours).

Helping them in attending a court hearing to recover any payments made from a party they believe was totally or partially at fault for the accident.

Attending an accident-related death investigation.

Where they decide, at their discretion, to pay your defense in any criminal procedures, such as reckless driving charges, brought against you.

Your insurance policy stipulates that you must cooperate with your insurers at all times. If they have paid for the repairs to your car and wish to recoup those funds from the other driver (when the accident was not your fault), court actions may be required and your insurers may ask you to appear in court to explain what occurred. In this situation, insurers will often cover reasonable expenses. Your refusal to cooperate may constitute a violation of your insurance policy.

Third-party fire and theft

Your insurers will agree to handle any claim brought against you as a result of your negligence, so long as you follow the policy’s provisions, such as reporting an accident and attending court proceedings.

If the damage was not caused by fire or theft, your insurers will not assist you in the repair or replacement of your own car; this is your duty. Their losses can be sought again as part of any uninsured loss claim filed directly against the liable party. Check out Motor Legal Protection Policy for further information.

Your insurers will, however, assist you in paying for the repair or total loss of your car if the damage was caused by a fire or theft, according to the terms of your policy. The highest amount your insurer will pay for your vehicle is its market value at the time of loss or damage.

To file a claim for an uninsured loss, it is better to: –

  • Get a repair estimate or pro-forma account that demonstrates the degree of the vehicle’s damage.
  • If applicable, obtain a letter from the Garage certifying that the vehicle is beyond economical repair (total loss).
  • Ensure that you do not accrue excessive storage fees, whether or not the vehicle is being stored in a garage.
  • Retain any receipts associated with any expenditure, such as towing fees.
  • If you need your vehicle for work, make alternative transportation arrangements to lessen your loss.

Where you may be at fault

You must contact your insurance promptly and provide them with a complete account of the situation.

The insurers may, at their discretion and in accordance with the conditions of your insurance;

  • arrange for free legal assistance during your police interview.
  • When you are summoned to the Inquest, arrange for free legal assistance.
  • arrange for free legal representation for future court proceedings.

Criminal Proceedings – Where I am accused of causing the accident

What are they?

  • Road Traffic Offenses as specified by the Road Traffic Acts and other applicable laws.

What will happen?

  • The police will conduct an investigation to determine who caused the collision.
  • If they believe they have enough evidence to convict you of a crime, they will forward the documents to the Crown Prosecution Service.
  • The Crown Prosecution Service will determine whether you will be charged with a crime. The police will conduct an investigation to determine who caused the collision.
  • Careless driving.
  • Dangerous driving.
  • Causing Death by Dangerous Driving.

What can I do?

  • Take images of the scene of the accident.
  • Take pictures of the damage to each vehicle involved in the collision.
  • Collect the names and addresses of the maximum number of witnesses feasible.
  • Consult a solicitor.

Where you may be at fault for the accident

  • You must contact your insurance promptly and provide them with a complete account of the situation.
  • The insurers may, at their discretion and in accordance with the conditions of your insurance.
  • arrange for free legal assistance during your police interview.
  • When you are summoned to the Inquest, arrange for free legal assistance.
  • arrange for free legal representation for future court proceedings.

The police will do a cautioned interview and inform you of your right to legal representation. Death by Dangerous Driving is the most serious offense for which you can be charged. The highest penalty for this offense is incarceration, hence it is strongly advisable that you request the presence of an attorney.

What will happen if I am convicted of an offense?

A range of penalties may be imposed.

  • Points accrued on a driver’s license.
  • A fine.
  • There is a chance that you will be disqualified from driving.
  • Some offenses bear the punishment of incarceration.
Guide To Motor Insurance Policy Legal Claims 2023
Guide To Motor Insurance Policy Legal Claims 2023

Legal Expense Insurance/Motor Legal Protection

  • In addition to your mandatory auto insurance, you may have purchased a policy that covers your Legal Costs in the event that you experience a loss that is not covered by your ordinary auto insurance policy.
  • Personal injury, rental fees, wage loss, and medical care expenses are examples of such losses.
  • Your insurers may put you in touch with a specialized law firm that will provide you with instructions on how to file a claim for compensation.

The policy itself will only be active if:

  • You were not to blame for the accident.
  • The likelihood of recovering damages from another party is fair.
  • Legal fees associated with recovering your losses will be proportional to the amount to be recovered.

There is a maximum amount of applicable costs covered. Typically, coverage can be extended to the occupants of your car, such as passengers who may have sustained comparable losses. According to the mandatory Insurance policy, you must comply with any reasonable requests from the insurers or your attorneys.

Reasonable prospects

Your Vehicle Legal Protection Policy will apply if your insurers or advising attorneys believe your case has a reasonable prospect of success.

This choice is typically determined by:

  • A determination that you would prevail on culpability by producing a better outcome than the proposed solution.
  • The likelihood of recovering damages from another party is fair.
  • A determination that monetary recovery is possible from a potential Defendant, considering that party’s financial resources or Insurance.

Your insurers can often revoke coverage if one of the aforementioned conditions is unlikely to be met. If you disagree with this decision, you often have the option to request a second opinion, and your insurers or attorneys will provide detailed justifications for their position in writing.

After the road traffic accident

The following may occur following a traffic collision:

  • Harm to another individual.
  • Damage to the vehicle or property of a third party (eg, garden wall).
  • Loss of life or injury to an animal (an animal being defined as horse, dog, sheep, pig, goat, or cattle).

If you do not provide your information at the scene of the accident, you must report to the police station within 24 hours.

But, if another person is injured, you must also present your Certificate of Insurance within seven days after the accident, in addition to reporting the incident to the police.

If you fail to take the preceding step, you may be guilty of one of the following offenses.

  • Failing to stop after the accident.
  • Failing to report an accident.

Information to collect

You must stop and remain at the scene of a traffic collision for a reasonable amount of time. Information must be shared with the other party.

  • The make, model, and license plate number of the opposing car.
  • The opposite party’s name, address, and all telephone numbers.
  • Hopefully include the name, address, and policy number, any insurance details that the other party can supply.
  • The amount of the other vehicle’s damage.
  • In the event that injuries are visible, a description of those injuries.
  • The full names, addresses, and telephone numbers of any independent or vehicle-passenger witnesses.
  • The precise time and date of the incident.
  • The precise address, including the street name.

The automobile’s make, model, and license plate number.

  • Presumably including the name, address, and policy number, the other party’s insurance information.
  • The level of damage to the other car.
  • If there are visible injuries, a description of those injuries.
  • The complete names, addresses, and phone numbers of any independent witnesses or vehicle passengers.
  • The exact time and date of the occurrence.
  • The complete address, including the street.

Report information to your insurer

  • Your insurance policy will stipulate that you must tell your insurers as soon as possible following an accident.
  • You must inform your insurer of your intention to file a claim. You may be subject to a claim regardless of your intentions.
  • You can report an accident for informational purposes only to your insurer.
  • According to the terms of your insurer’s policy, you must notify them of an accident. Often, this is done by dialing their phone number and speaking with one of their Claims Administrators.

When somebody dies in an accident – Inquests

What are they?

  • When a person dies as a result of a traffic accident, the Coroner (a sort of judge) will conduct an inquest to determine the cause of death.
  • The coroner’s rules outline the procedure for the Coroner.
  • The Coroner’s office and the police will investigate the circumstances surrounding the accident.
  • There will be a hearing, known as an Inquest, where the coroner will bring witnesses to court to testify about what they witnessed in relation to the accident, for any Physicians who treated the deceased to testify about their care, and for the Pathology to testify about the medical causes of death.
  • The goal of the inquest is to ascertain the cause of death and for the Coroner to render a verdict, not to assign blame for the tragedy.
  • “Accidental death” is the typical verdict in vehicular collisions.

Where are they?

  • In the coroner’s Court closest to where the decedent passed away.

When a member of my family dies

  • Coroners Courts are accessible to the general public, and anybody may attend to hear the evidence.
  • If you were the last person to see the deceased alive, you may be asked to testify about their appearance at the time of their death.

Where you may be at fault for the accident

  • You must contact your insurance promptly and provide them with a complete account of the situation.
  • The insurers may in their discretion and in accordance with the conditions of your policy if they so choose.
  • arrange for free legal assistance during your police interview.
  • When you are summoned to the Inquest, arrange for free legal assistance.
  • arrange for free legal representation for future court proceedings.
  • The police will do a cautioned interview and inform you of your right to legal representation. Death by Dangerous Driving is the most serious offense for which you can be charged. The highest penalty for this offense is incarceration, hence it is strongly advisable that you request the presence of an attorney.

Where police may prosecute

What are they?

  • What exactly are they?

What will happen?

  • The police will conduct an investigation to determine who caused the collision.
  • If they believe they have enough evidence to convict you of a crime, they will forward the documents to the Crown Prosecution Service.
  • The Crown Prosecution Service will determine whether you will be charged with a crime. The commonest offences are.
  • The police will conduct an investigation to determine who caused the collision.
  • Careless driving.
  • Dangerous driving.
  • Causing Death by Dangerous Driving.

What can I do?

  • Take images of the scene of the accident.
  • Take pictures of the damage to each vehicle involved in the collision.
  • Collect the names and addresses of the maximum number of witnesses feasible.
  • Contact a solicitor

Where you may be at fault for the accident

  • You must contact your insurance promptly and provide them with a complete account of the situation.
  • The insurers may, at their discretion and in accordance with the conditions of your insurance.
  • arrange for free legal assistance during your police interview.
  • When you are summoned to the Inquest, arrange for free legal assistance.
  • arrange for free legal representation for future court proceedings.

The police will do a cautioned interview and inform you of your right to legal representation. Death by Dangerous Driving is the most serious offence for which you can be charged. The highest penalty for this offence is incarceration, hence it is strongly advisable that you request the presence of an attorney.

What will happen if I am convicted of an offence?

A variety of sanctions are possible.

  • Points accrued on a driver’s license.
  • A fine.
  • There is a chance that you will be disqualified from driving.
  • Some offenses bear the punishment of incarceration.

Accident responsibility

What about liability

  • Who is accountable for the accident is what liability means.
  • What the opposing party discloses to their insurers is crucial.
  • There is a liability dispute if the opposing party or their insurers are unwilling to take full responsibility for the incident.
  • You will then need to demonstrate that the other party was at fault. Often, this is accomplished by delivering witness testimony, preferably from an impartial witness.
  • Regardless of how straightforward you believe the circumstances to be, it is essential to maintain witness contact information.
  • Sometimes, a detailed plan and photographs of the accident scene, as well as photographs of the damaged areas of the individual vehicles, might be helpful.
  • Occasionally, after reviewing all the facts, it may be determined that both parties are partially to blame, resulting in a settlement based on shared liability. This can be divided into any proportion, such as 50/50.

50/50 – What does this mean?

  • This indicates that both drivers are judged equally liable for the collision. If your claim totals $1000, you will receive $500.
  • Similarly, if you are found 75% liable, you would receive £25.00 if you filed a claim for $100.00.
  • Your no-claims bonus may be affected by any payments made when you are partially at fault for an accident.

No Claims Bonus

Any allocation of liability other than 100 percent in your favour typically compromises your no-claims bonus unless it is protected. In such a case, it is subject to the terms of your insurer’s policy.

If a liability agreement cannot be reached with the opposing party, it may be necessary to file a lawsuit. A judge must examine all the facts and determine who is at fault.

Liability summary

  • You must demonstrate that the other party was at fault.
  • In the event of a dispute, proof is required, including independent witnesses, passenger witnesses, a sketch plan and photographs, complete statements from all participants, and the area of vehicle damage.
  • Did the police respond and record statements? If yes, what was the name, number, and station of the officer?
  • Any allocation of liability will result in a proportional reduction of your claim.
  • Your no-claims bonus may be impacted if you accept less than 100 percent.
  • Before deciding to accept fault for an accident, you should always consult with your insurer.

Motor Insurers Bureau

What is The Motor Insurers Bureau (MIB)?

It is an independent organisation funded by all auto insurers that handles claims against uninsured motorists.

The MIB can handle claims in the two cases below:

  • Restitution for victims of uninsured motorists.
  • Restitution for victims of untraceable motorists.

Please visit the Motor Insurers Bureau’s website if you desire to acquire additional information about the Motor Insurers Bureau.

Uninsured drivers agreement

This agreement stipulates compensation for: –

  • Personal injury and secondary losses.
  • Property damage (usually car damage).
  • Each claim for property damage is subject to a £300 excess deduction. After November 7, 2008, there’s no deductible for accidents.
  • This excess must be recovered directly from the uninsured party if they have adequate cash.
  • The Motor Insurers Bureau will endeavor to recoup any payments made from the uninsured driver.
  • If the Motor Insurers Bureau reimburses you in full for your losses, your no-claims bonus will not be affected.
  • Proceedings must be initiated in accordance with the Statute of Limitations (3 years from the date of the accident for personal injury and 6 years where no injury is being claimed).

Untraced drivers

The Motor Insurers Bureau will examine a claim for compensation under the Untraced Drivers Agreement if you are involved in a collision with another vehicle and the details of the other vehicle’s driver are not known or are untrue.

If the event occurred prior to February 14, 2003, the following considerations apply:

  • The MIB will handle personal injury claims and any associated losses, including lost wages.
  • Any injuries received in a motor vehicle collision where the other party is unknown must be reported to the police within fourteen days of the incident.
  • As soon as you realize the other driver’s information may be incorrect, you should notify the police.
  • A claim against the Motor Insurers Bureau may also entail oil or diesel spillages on the road or cases of dazzle if it can be established that the occurrence was caused by the negligence of a vehicle driver.
  • All claims must be submitted within three years to the Motor Insurers Bureau unless they include a baby or a person with a disability.

If the accident occurs after 14 February 2003, all of the above points apply except for

  • If the offending vehicle has been recognized even though the guilty party cannot be located (e.g., fleeing the scene), property damage compensation can be included in addition to personal injury compensation. The MIB will deduct £300 from claims for property damage.
  • Nonetheless, the incident must have been reported within five days of its occurrence.

How is the claim made?

The initial step is to conduct the necessary research to confirm that the other party is uninsured and untraceable.

If these requirements can be met, an application form will be filled out. The MIB will then conduct an investigation as though it were the Third Party Insurer.

  • You cannot file a claim against the Motor Insurers Bureau if you were driving an uninsured vehicle at the time of the accident.
  • Within 21 days, the Motor Insurers Bureau will acknowledge receipt of the Form and provide an initial evaluation.
  • Even uninsured motorists have the right to manage their own affairs, and no Motor Insurers Bureau application will authorize them to disregard their rights. If, however, the uninsured driver refuses to cooperate, the MIB may decide to process the claim regardless or request legal action.
  • If legal action is taken, it must be initiated within three years after the accident date. if personal injury is involved – if personal injury is not involved, the lawsuit must be filed within six years after the accident date.
  • Even if the other party is uninsured, it is still possible to contest culpability.
  • Injury claims, including lost wages, are subject to the MIB’s legal responsibility to reimburse to the DSS any benefits paid as a result of the accident, with that amount removed from any lost wages claim.

What is required under the Untraced Agreement?

  • Any injuries received as a result of a known road traffic collision must be reported to the police within fourteen days of the incident (or 5 days if property damage will form part of the claim should the accident occur after the 14th February 2003).
  • Any active claims under the Untraced Agreement must be notified to the MIB within three years using Form (pink) unless the claim involves an infant or a person with a handicap.
  • The untraced agreement does not provide for the initiation of legal proceedings, but an appeals mechanism is in place once the Motor Insurers Bureau determines the amount of any reward.
  • Unless a copy of the Report has already been provided, the MIB will contact the Police to request a copy of the Report.

Foreign claims

The Motor Insurers Bureau operates a service for information regarding the insurance of automobiles with foreign registrations.

The MIB will assist in finding the identity of a foreign insurer and can aid in the serving of legal documents if the driver can be identified. It is mandatory to provide the accurate vehicle identification number for the foreign car.

For accidents overseas

Various legal systems exist and may influence: –

  • Quantity of damages.
  • The time frame within which a lawsuit may be filed.
  • What you may and may not assert.
  • The police may assess liability at the scene of an accident.
  • It would be helpful if images were taken of the vehicle’s location and any damage.

The 4th Motor Directive

This becomes effective on January 20, 2003. The Directive stipulates:

  • Quantity of damages.
  • Each European Member State shall have its own Information Center.
  • The Information Centre must be able to identify the Motor Insurer for any given registration number.
  • With this, you should be able to trace the foreign insurer through the vehicle’s registration number and communicate in English with the foreign insurer’s UK handling agent or, in some situations, the MIB acting as the handling agent.

The procedure:

  • After retrieving their information from the Insurer Database, we’ll send a letter to the other insurer detailing the claim.
  • Within three months, the insurers or their agents must provide a reasoned answer to the issues raised.
  • If they fail to do so within the specified timeframe, you can then contact the Motor Insurers Bureau, which has two months to either award compensation or settle the claim.
  • In the event that legal action is necessary, there is now a direct right of action against the participating insurer, as opposed to having to file court proceedings against the liable driver.

What can I claim?

Compensation is usually split into:

  • Special damages
  • General damages
  • Future losses

You must always remember that it is your responsibility to minimize your losses. Even if the other party accepts responsibility for the accident, considerable arguments might occur when settling claims if the other party believes you could have taken measures to minimize the escalation of expenses.

Special damages

  • These are your out-of-pocket expenses that are readily quantifiable and typically supported by documentation. For example, car rental fees, taxi receipts, estimates, and final accounts for vehicle maintenance.
  • It would be beneficial if you could maintain a chronological track of your out-of-pocket expenses, complete with amounts and dates.

These are your out-of-pocket expenses that are readily quantifiable and typically supported by documentation. For example, car rental fees, taxi receipts, and estimates and final accounts for vehicle maintenance.

It would be beneficial if you could maintain a chronological track of your out-of-pocket expenses, complete with amounts and dates.

General damages

This is a financial award which is intended to compensate you for your pain, suffering and inconvenience. The compensation is assessed by considering previous, similar cases and reviewing the Judicial Studies Guidelines.

Future losses

Where your injury has left you with a permanent disability you may be able to claim for future financial losses if evidence can be provided.

Car damage

If your vehicle is comprehensively Insured, your Insurers will usually deal with the repairs or total loss.

If you have a policy excess, this can be claimed as an uninsured loss.

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