Approximately 3 years ago my car was hit from behind whilst I was stationary,waiting for a lorry to come through in a lane.
The car that hit me was insured but the car that hit her was not.
Long story shortened the consequence of this was that even though she hit me and was insured I was told by my insurance company who clearly has to be unnamed that because the car that hit her was uninsured I COULD NOT CLAIM OFF OF HER COMPANY.
What I would like to ask now is have i been stitched up by my insurance company and if i have is it too late to pursue the matter.All views would be appreciated and welcomed
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I think you have been mislead by your insurance comapny.
In situations such as this whoever hit the car in front is liable - she pays for your damage and gets hers paid for by who hit her. The fact that her dmage was caused by an uninsured driver is her problem.
I also thought we all paid a premium to pay for damage caused by uninsured drivers.
I do not hold out much hope of getting anything back now though.
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We need more facts.
Briefly, it's not enough to show that she hit you. You also need to show that she was in some way at fault for the accident - usually that would be the same thing, but if she were parked up and pushed by a moving truck into you, clearly she's not at fault. If she drove into you and was then hit by an uninsured lorry, she is at fault and you could presumably claim from her.
The time limit for personal injury is three years from the date of injury in virtually all circumstances, so if you were injured, you need to get legal advice now (and expect your solicitor to have to do a rush job in order to get the work done at all).
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No, your insurance company were correct - assuming that those details given by you are complete and accurate.
You were stationary, the car behind you was stationary. The car behind you was hit and forced into you. On what level would you think you could claim from her insurers ? What on earth had she done wrong ?
The car that hit her was at fault. Any claim would be against that vehicle. If that vehicle was uninsured then your claim would be funded by the individual unless you could get the MIB (or whatever their name is this week) to take an interest.
A guideline would be that if you felt one thump, then your claim is against whoever was at the back of the involved vehicles. If you felt more than one thump then the claim would be against the car immediately behind you. - the difference between a car being pushed into you ( one thump) or a car hitting you and then being hit itself (two or more thumps).
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If that vehicle was uninsured then your claim would be funded by the individual unless you could get the MIB (or whatever their name is this week) to take an interest.
Correct me if I am wrong, but I believe that the Motor Insurance Bureau only exists to deal with Personal Injury Claims where an uninsured driver is at fault?
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Hi - the MIB definitely handles third party damage claims against uninsured drivers - see their website for more details.
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Thanks for the correction,.
I was recalling a close involvement from 40+ years ago, so memory obviously hazy!
A then flatmate was hit by uninsured drunk in stolen car. I thought that he did not get his car paid for only for injuries, but maybe things have changed in 40+ years?
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MIB is insurer of last resort when dealing accidents.
MIB pay for PI damages and also property but if your house or car is insured comprehensively then your policy pays.
A Colleague had his car hit by a stolen car / drunk driver - his insurance paid the whole claim with no excess - which you would normally pay if you made a claim on your policy.
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Just to sat thank you for everyone for replying even though there were differing views.
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