Car Insurance - Apportioning Blame

If you blame someone else for an accident, you must have proof that shows 'on the balance of probability' that they owed you a duty of care, breached that duty, and that what you claim for arose out of that breach.

First of all , let us assume that another driver is to blame for damaging your car. You have comprehensive cover. What should happen?

Your insurers will deal with the damage to your car under the terms and conditions of your policy. They will then want to recover their money from the negligent driver and his insurers.

You will now find out that a comprehensive policy is anything but comprehensive. You will probably have to pay an excess. This applies even though you were not at fault. The number of times I have had people say to me: 'why must I pay my excess it was not my fault'. Your insurer is dealing with the damage to your car UNDER THE TERMS AND CONDITIONS OF YOUR POLICY. At this stage, fault is not a question on their minds. When you purchased your policy you agreed in the contract to meet the first £X of each and every claim for damage to your car. You are contractually obligated to pay the excess. So now that you understand this, no matter how unfair you think it is, please do not waste your insurers time arguing with them about it!

You will have to make telephone calls, that will cost you money. A cost not covered by your so called comprehensive policy. You might need to write letters and post documents to your insurers. Again, that is not covered by your so called comprehensive policy. You will be without your car whilst it is being repaired, or until you receive settlement of a total loss claim. This means, bus fairs, train fairs, taxi fairs or hire car costs. Again, with few exceptions this is not provided for by your comprehensive policy.

Perhaps you have been injured in the accident. At the very least this is all going to cause you lot of hassle, stress and inconvenience!

These are all 'uninsured losses'. Losses that are not insured by your comprehensive policy. It is when an accident happens that you find out the hard way how important it is to have legal expense insurance or Uninsured Loss Recovery added to your policy!

You are entitled to recovery all these losses from the negligent driver and his insurance company.

Next..... Dealing With Uninsured Losses