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Car Insurance FAQs (A-E) 

Conditional Fee:

Q : What is No Win No Fee?

A : No Win No fee refers to agreements called Conditional Fee Agreements (CFA's) whereby you pay an insurance premium that fully protects you against all the legal costs involved in pursuing a personal injury claim. It is governed by the Conditional Fee Agreements Regulations 2000. This came into force on 1st April 2000, Essentially any insurance premium paid and any success fee which has been agreed to be paid can be recovered from the other party in the event of a successful claim.

Crossing the Road:

Q : Can a pedestrian ever be held liable for crossing the road?

A : There has been a recent case where this happened. The claimants were pedestrians struck by the defendant's vehicle on a pedestrian crossing at a junction controlled by traffic lights. The claimants were obscured by a stationary lorry at the pedestrian crossing. The trial judge held that the defendant was not liable since he was under no obligation to stop at a green light, and if he was wrong on primary liability he assessed the claimants' contributory negligence at 80%. The claimants appealed. The Court of Appeal held that a reasonable careful driver would have anticipated that there was a risk of a pedestrian on the crossing as the lorry was still stationary and the lights had only just changed. The appeal was allowed upholding the judges finding of 80% contributory negligence.

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Convictions:

Q : Can you please tell me what a CD10 conviction code is ?

A : Driving without due care and attention. A comprehensive list of motoring conviction codes can be found by following the link in the left hand column.

 

Excess:

Q : Why do I have to pay an excess when it was the other drivers fault?

A : When you took out your policy, you entered into a contract with your insurer in which yu agreed to pay the first amount of any claim you make (usually for damage to your car). This applies irrespective of who is to blame. If you are not at fault, your excess, which is an uninsured loss, can be recovered from the negligent driver or his insurer.

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