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car insurance - am I leaving us vulnerable?

7 replies

bedintenminutes · 06/09/2013 18:14

Short while ago, a car bashed into my bumper in car park, both moving max 10mph. (The other driver immediately claimed it was entirely my fault, I say it was theirs - no independent witnesses).

The accident aggravated long term MH problems (documented) but I was initially reluctant to claim - I didn't want to create more hassle for us both.

The other driver has now claimed whiplash and is pursuing a claim. My mh has got worse, partially due to accident. The usual - sleeping, concentration, motivation, struggling to drive alone.

I have legal cover through my insurance policy. I have decided to pursue the claim. However I am very anxious about this. I have called them several times to establish beyond doubt, that if I am found to be entirely or partially liable, I would be responsible for my own legal costs. (It's part of my illness, to have to constantly check). The whole thing is just horrible. I would rather not pursue the claim if there is any risk to myself/my family. Obviously I am absolutely confident that I am not making a fraudulent claim. But what if there is some small print, that I have missed?

I feel very upset that (from my perspective) I have lost a lot of money and my NCB, whereas (in my view) unfairly the other driver could make a lot of money out of this. But I also know that whiplash, if genuine, is horrible. So am trying to stay calm about it. Can anyone help?

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UnicornsPooGlitter · 06/09/2013 18:20

I'd be tempted to put my mental health first if I were you - you don't need the stress of potentially being liable for a lot of £ at some point in the future, so I'd just draw a line under this and move on.

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UnicornsPooGlitter · 06/09/2013 18:30

Did you crash front to front?

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bedintenminutes · 06/09/2013 18:37

corner bumper to corner bumper.

I've asked the insurance company repeatedly to confirm I would not be personally liable - they have said that I won't. But still feel worried about it.

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TensionWheelsCoolHeels · 06/09/2013 18:48

Has your ins co said what they think the final stance on liability will be? If you were driving, and deemed fully at fault then you have no grounds to make a claim. If liability is split i.e. 50/50, then you would be able to make a claim but would only get 50% of what the claim is worth. If liability isn't agreed and can only be sorted by one of you taking the other to court, do you think you would be up to facing giving evidence in court, being cross-examined and challenged on your evidence/version of events? Because if you feel the stress you are under now is having an adverse effect on your MH, then it's going to get worse when faced with having to go to court to make your case.

In terms of what you would be liable for cost-wise, if you have MLE cover on your policy that would cover your legal costs. Your car ins policy deals with costs of any claim made against you. There is a test applied in granting legal funding to make a claim i.e. reasonable prospect of success, usually at least a 50% chance of success or higher. If you don't have this, or MLE cover, then you would have to self fund your claim, which is extremely expensive.

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bedintenminutes · 07/09/2013 10:03

Thanks very much, Tension and everyone else. It feels dreadfully unfair - I've had the cost of repairs, losing NCB and probably the claimant will get their whiplash compensation.

But life isn't fair - and I don't want to create even more problems for myself.

Draw a line...

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DENMAN03 · 09/09/2013 20:49

Most insurers will be very dubious of whiplash claims at this low level impact speed! I would imagine the claim will be settled on a 50/50 basis if there were no witnesses...I assume both parties were moving at the time?

If the insurance company have confirmed in writing you wont be responsible for costs than they mean that. Try and take some comfort in that.