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And I thought this thread was about the Renault Modus. Should have paid attention in those Latin lessons. I knew one day it would be useful.
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>> At one time it was not possible to claim directly off the >> other party?s insurers. >> ?? - that is news to me.
As I understand it (and it cost me an uninsured loss of 11 weeks hire car charges in 1981 for this to be brought to my attention) at one time the insurer had no direct contractual liability to anyone other than their client, i.e. the insured. If, as in my case, their client did not inform them that they had been involved in an accident then they (his insurers) were not liable. And this included my insurer not being able to obtain reimbursement of the not inconsiderable cost of repairs to my car.
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L\'escargot.
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PS. My car was unoccupied and parked on the road in a built-up area. The other driver stopped (he had to stop because by that time neither his car nor mine were driveable!), he admitted it was his fault, and we exchanged details including insurance details.
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L\'escargot.
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les cargo -
what you describe is still the case. you can sue the party that caused the damage. it is their responsibility how they deal with it subsequently. if they decide not to tell their insurance company, you can do nothing about it. on the other hand, if they do tell the insurer, you are free to deal direct with the insurance company if the they agree to proceed in that manner. nothing to stop you continuing to dael direct only with the other driver. let him pass all correspondence to his/her insurer.
here is what one insurance company says:
"Most insurers will advise you not to admit liability at the scene of an accident. This can be done later and even if another driver admits liability there and then, they can change their mind later and dispute it. Concentrate on the important things and do not concern yourself with assessing who was to blame.
Exchange details with the other parties. By law following an accident all parties must disclose their name, address and registration number. If you are in doubt of any of the information a driver gives you at the scene of an accident, consider involving the police."
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les cargo -
the best info i can find so far - re what to do after an accident - is on the aa website :
www.theaa.com/allaboutcars/legal/at_the_scene.html
note: they say
"If, as a driver, you are involved in a road-traffic accident and one or more of the following occurs ...
...
You must:
Stop and remain at the scene for a reasonable period
Give your vehicle registration number, your name and address, and that of the vehicle owner (if different), to anyone with reasonable grounds for asking for those details
If you do not exchange those details at the scene, you must report the accident at a police station or to a police constable as soon as you can and in any case within 24 hours.
... .
You're obliged to do these things not only when you are directly involved in an accident, but also if your vehicle's 'presence' was a factor.
If you have any doubts, we advise you to complete the above steps as soon as the accident happens, regardless of who was at fault.
....
Even if there was no personal injury involved, if someone holds you responsible for the accident they have the right to request your insurance details. This request can be made later; it does not necessarily have to be at the time of the accident. A failure to provide that information without a reasonable excuse is also an offence.
It will also be a condition of your insurance policy that you report the accident to your insurance company within a reasonable time, even if you do not want to claim yourself. A failure to do so can give your insurance company the right to refuse to cover you in the future. "
remember, your claim will be against the other driver - not his insurance company.
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Now I understand. Provided that the other party informs their insurer about the accident then you can deal directly with their insurer. If they don't, you can't.
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L\'escargot.
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