Following an accident, motorists
will often face losses which are not covered under
their third party or comprehensive car insurance.
These include:
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Compensation if they are injured and compensation for their family
if they are killed. |
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Their policy
'excess' under their comprehensive motor
insurance policy. Recovering the excess preserves
the No Claims Discount. |
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Reasonable hire
charges for a replacement vehicle while theirs
is being repaired. |
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Compensation
for not being able to use their vehicle. |
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Repair costs
if they do not have comprehensive insurance
cover. |
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Compensation
for damage to their clothes, luggage or personal
belongings. |
The unfortunate motorist has a legal right to
recover these losses from the other side's insurance
company. To do this, they will often need to
take legal action. This is where the insurer
steps in, acting on their behalf by taking whatever
steps are necessary to recover these losses.
Some policies
are more restrictive than others, only covering
clearly defined RTAs (Road Traffic
Accidents), whereas others will cover any claim
against an identifiable third party where there
are reasonable prospects of success. The more
comprehensive policies cover claims throughout
the EU,
regardless of whether the accident was with a
vehicle, and also regardless of whether the accident
took place on a public highway.
Case insights
Recovery of policy excess and vehicle
hire costs - A comprehensively insured motorist hit by a
commercial vehicle was left with 3 types of uninsured
losses: €250 for their policy excess, €480
replacement vehicle hire costs and €6.00
for a Vehicle Licensing search. The other side would not provide
their insurance details until the policyholder's
legal expenses insurers took legal action against
them. They then agreed to pay the €736
in settlement of all their uninsured losses.
Personal Injury - Injuries following a car accident
severely restricted a policyholder's movement
and her ability to carry out her job. Her legal
expenses insurers paid for medical reports which
described the extent of her injuries and their
impact. After lengthy negotiation, solicitors
appointed under the ULR policy secured compensation
of €140,000 to account for her reduced
ability to earn. Legal costs exceeded €5,300.
Claims against a non-motor third party - A dog
wandered into the path of a car causing the driver
to swerve and hit another vehicle. The driver
was left with multiple serious injuries. A claim
was made in court against the household insurer
of the dog's owner. This was successful with
a decree being obtained for damages of €80,000.
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