Quick Answer: What Happens When The Other Driver Is At Fault?

Do I have to pay the excess if it is my fault?

No, the excess – both voluntary and compulsory – is the amount you pay towards your own claim or repairs, so you won’t have to pay the excess if a third party is claiming against you.

See our guide on how car insurance excess works for more information..

What do you do when someone sues you for a car accident?

So, what steps do you need to take now that you have been sued:Call your insurance adjuster immediately. … Ask your insurance adjuster if they have paid to the plaintiff the hospital bill and lost wages caused by this wreck. … Confirm the amount of your insurance “liability policy limits” with your adjuster.More items…

How do insurance companies make their money?

Insurance companies make their money from the premiums they charge people in return for cover. … They use the money they collect from the majority of policyholders to pay for the few who’ll actually claim. This is called ‘spreading the risk’.

Can you claim insurance if it was your fault?

If you are considered at fault for an accident or loss, your insurer won’t be able to recover their costs if they’ve paid for your repairs. Not only that, the third party or their insurer will probably claim back their own costs from your insurance company.

How does an insurance company decide who was at fault?

How Do Insurance Companies Determine Fault? After an accident is reported the insurance companies involved will begin their investigation. They will take statements from drivers, passengers and witnesses, and look at photographs of the scene, if available, and the damage caused.

Why do I have to pay the excess if not my fault?

When you won’t pay an excess That’s because your losses aren’t covered and, when someone claims against you, your insurer covers it. If you’re found not to be your fault, your insurer claims the excess back from the at-fault party’s insurer, along with other costs.

What to do if someone crashes into you?

Exchange motoring detailsShare your name and address with everyone involved if the accident caused damage or injury – the law says you must do this.Swap insurance information and details with the other driver(s).Take down details of any other passengers and witnesses to the accident.More items…

Who is at fault in a head on collision?

The obvious answer is that the vehicle traveling in the wrong direction is usually at fault in a head on crash. For example, an intoxicated driver may begin weaving side to side. At some point the driver may then swerve so far to one side that the car enters the lane of oncoming traffic.

How do I claim back my excess?

If you have trouble getting your money back, you can take the insurance company or driver to court. If your insurance company have dealt with the claim, they should claim the excess back for you. If you have a no fault accident, a credit hire company can also make a claim on your behalf.

Do you lose no claims if someone hits you?

If you make a claim on your policy where your insurer pays out, you’ll generally lose some, or all, of your no-claims bonus. But if you’re hit by another car and it’s agreed that you weren’t at fault, your insurer may be able to reclaim the payout from the other car’s insurer and your NCB may not be affected.

Do you need a lawyer after an auto accident?

The “right” car accident lawyer is always needed by a victim of any form of accident. First, a great car accident lawyer will protect the innocent victim’s rights against the big, powerful insurance companies. People, let’s get one thing straight: the insurance companies (even your own) are not on your team.

Can you sue if car accident is your fault?

Under the theory of comparative negligence, you can sue and get compensation after a car accident even if you were at fault. … For example, consider a car accident that was 50 percent your fault, and your damages equal $10,000.

What to do if you are in a car accident and it is not your fault?

Even if you’re not at fault, you can make a claim with your insurance company for payment of damages and injuries — if you have the right coverages. If you have collision insurance, file a claim with your own carrier. It will pay for the cost of repairs or total loss of your vehicle.

Who is at fault if someone pulls out in front of you?

In short, the rear driver is almost always at fault and will be found liable for damages. The reason being that it’s your responsibility to leave a safe distance between yourself and the vehicle in front of you. … Again, this will be based upon you not providing yourself with enough distance from the car in front.

Do I get my excess back if it’s not my fault?

An excess is the amount you pay (or we hold back) in the event of any claim, regardless of who’s to blame for the incident. If you don’t make a claim but a third party does, and we pay out, you don’t have to pay your excess. If you claim for damage to your vehicle the excess is always payable.

What happens when you have a car accident and it’s your fault?

If you were at fault in a car accident and you live in a fault state, you (or, usually, your car insurance) is responsible for the other drivers’ damages. The other driver(s) will be entitled to file a claim with your insurance company.