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What happens if there is a third party involved?
If an accident that you have involves anybody else apart from yourself then there is a ‘third party’ aspect to any claim that you make. A third party could be literally anyone and by law the least amount of insurance that a vehicle user needs to have is third party insurance. Anyone who is injured or has property damaged in an accident is entitled to compensation from the person at fault. Since the compensation may run into thousands of pounds, you need to have insurance to protect you.
A third party could be another driver, a cyclist, a pedestrian, a passenger in your car or the other car or cars involved in the accident. If you hit a house, the owner is the third party.
The first issue that may jump into your head is the question of fault. This is actually not something that you or the third parties need to worry about. Your main task here is to make sure that you can give to your insurers as much information and facts that you can. Should there be witnesses to the accident it is in your interests to get their name and address and give this to your insurers.
Your insurers will consider the facts of the case and may investigate by asking you some questions in order to clarify the information surrounding the accident and the claim. The witnesses can expect to have questionnaires sent to them. An outside investigator may be brought in to look at the accident scene, produce a sketch plan and take photos. This investigator may want to speak to you, the third parties and the witnesses and take some detailed written statements. You should help your insurance company, the police, the investigators, anyone examining the claim as much as you can because they are collecting evidence.
The investigation will decide who has been negligent. Once they have formed a view of who is to blame the claim with proceed accordingly. Should the other party not accept this, a dispute will arise which could end up in front of a judge in the civil courts.
The civil legal system in the UK is adversarial in nature. You are entering a battle with your opponent in which you take sides and fight for your side. Your insurer will be on your side, looking after your interests as well as theirs.
In many cases, customers have been unhappy with the way their insurer has handled the third party claim. But it’s important to remember that the insurer’s staff are usually more experienced than you at this and will be trained to take the most appropriate action. Ultimately, the terms of your policy state that the insurer can take whatever steps they think appropriate.
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