Different Type of Claims

[ajayjain]

Hi,

I had an accident, other party refused to accept his fault
he sought for medical claim as well.

finally the case was in my favour, my car was fixed and access was paid

but now Insurance company says that Medical claim is still pending from other party so they cannot close this case.
and I cannot get NCB certificate for all my years.

new insurance is going very high as case is not closed.

Is it possible, different type of claims can go in favour of different parties
which is from the same case

this is weird.

Please advise

 

[John]

If the third party was apportioned 100% of the blame, any claim related to that incident is apportioned in the same way i.e. against the third party's insurance company - which is 100% in this case.

The case is still open because they are probably waiting to close it but can't until they know the total loss (how much had to be paid) so is just a formality I would think.

Normally an insurance company will withhold the NCB of the current insurance year you are in until the case is resolved.

So unless that is the only NCB you had, you can still specify the NCB you had up until the current insurance.

Once it is resolved, you can quote your full NCB.

 

[Rayny]

Quote Ajayjain "finally the case was in my favour, my car was fixed and access was paid"
Who paid your excess, and to whom was it paid ?
Either the claim has been closed and 100% liability has been accepted by the other parties insurer, or the claim is still open. Any open claim is considered as a fault claim.

JohnEboy - You are usually spot on with any advice you give, but .....
If you have an open, or at fault, claim then your no claims bonus will normally be reduced by 2 years, until liability has been accepted by the 3rd parties insurer - Unless you have protected no claims bonus.

 

[markjay]

Yes, it is not clear how the case 'went in the OP's favour' and yet excess was paid (by the OP?).

It does not sound like a 'no fault' claim.

As for personal injury claim, again it makes sense that the case remains open if liability has not been fully established yet, or it is shared.

 

[ajayjain]

I was told that it was other party fault, OP insurance company paid my repair and excess.
as OP claimed for personal injury which is still outstanding.
why Personal injury is being dealt separately while OP Insurance company paid for the repair.

Can personal injury go against me while OP insurance paid for my repair.

 

[brucemillar]

With personal injury you are dealing with Insurance company & their appointed medics. That can be a very long drawn out process, hence the claim will remain open until the other part settles or his and your insurers agree settlement in full.

Given that his insurers have accepted liability in full? for the actual accident I think you could still try and push to have this closed quickly by speaking to your legal team (assuming that you have legal cover) advising them that you wish to claim for any losses incurred by you as a result of his fault claim. You should not be left out of pocket.

That is my understanding. Happy to be proved wrong here as I am curious how it works in practise.

 

[MD5]

I was told that it was other party fault, OP insurance company paid my repair and excess.....

Can personal injury go against me while OP insurance paid for my repair.

I wouldn't have thought so. If the other party was at fault, that's it - regardless of consequences. The third party's insurer should take care of everything else.

 

[Rayny]

The accident can be:
A) Your fault
or B) The third parties fault
or C) Split liability
If the third parties insurer has accepted full liability and has paid for the full cost of the repairs to your vehicle, as well as having paid your excess to you, your insurers claims department should be able to close the claim. If the third party is still claiming from their insurer it is nothing to do with you.
When asking for your no claims bonus certificate - did you talk to the customer service team or to the claims team ?
You need to ask your insurance company claims department why the claim is still open.

As an aside :-
ajayjain - This is why I dislike the use of some acronyms:
OP can often mean Original Poster,
I'm guessing that in this case you mean Other Party.
Not such a big deal in a short thread, but can still be misinterpreted if the reader does not realise that you are the thread starter.

 

[markjay]

I think it also use of terminology, if the other party is at fault it is misleading to say 'other party paid the excess' - the only excess that will apply here is in relation to the other party's own damage, but not to your damage.

To clarify, in a non-fault claim, there is no excess to pay for your repair. The other party's third-party insurance should pay your damage in full and neither you nor him/her need pay any excess.

Unless you have reached some sort of private agreement with the other party regarding payment alongside the insurance claim...?

But I think that like others said, if the other party's insurer accepted liability, then (a) your own insurer should not be involved, as you will be claiming off the other party's policy, not yours, and (b) if your own insurer is claiming that there is an outstanding personal injury claim, then this is most likely down to miscommunication between the other party's insurer which already accepted liability, and your own insurer that seems to be unaware of this.

 

[MD5]

I think it also use of terminology, if the other party is at fault it is misleading to say 'other party paid the excess' - the only excess that will apply here is in relation to the other party's own damage, but not to your damage.

To clarify, in a non-fault claim, there is no excess to pay for your repair. The other party's third-party insurance should pay your damage in full and neither you nor him/her need pay any excess.

It will depend on how the claim is dealt with. If the third party's Insurer has admitted liability and handles the claim for you from day one, then they should take care of everything for you. If you claimed initially through your own Insurer, perhaps whilst liability is being decided, then you will probably have to claim your excess back, along with the rest of the claim, from the third party's Insurer via your own Insurer.

 

[John]

If you have an open, or at fault, claim then your no claims bonus will normally be reduced by 2 years, until liability has been accepted by the 3rd parties insurer - Unless you have protected no claims bonus.

Ah ok - didn't know that. This is going back 20 years but my broker told me only the current year was withheld and I thought you lost two years if the accident went against you...

Everyday a school day.