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RTA how to get a fair pay out

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  • RTA how to get a fair pay out

    After being involved in a minor accident last year (I was not at fault, dash camera proves it...I was stationary) some injury was sustained and still remains and vehicle is written off.
    I believe there are 4 elements of claim here
    1. personal injury
    2. out of pocket expenses
    3. incidental expenses such as my time
    4. additional payment for the vehicle as it will cost more to repair (inc hire car etc..) than market value
    I believe I should be in a position I was in before the incident.

    I intend to claim from 3rdpty (3rd party insurance), save my excess.
    I have legal cover with my insurance, I want advice on how much I can claim and they won't advise unless I sign the medical experts' form (which gives them authority and I can't until I know what I can claim for). I now believe they will only deal with elements 1 & 2 with authorisation.
    However, they have said I can try to come with some agreement with 3rdpty over elements 3 & 4

    3rdprty won't deal directly with me over the injury (and likely 2) as I need to be represented...it's in their (not my) policy. But have indicated they will discuss elements 3 & 4.

    The medical expert indicated £2.5k but symptoms have persisted plus there are other matters that have emerged since that need adding.

    So in summary, have I got it right that 1 & 2 need representation?
    Can I insist on advice without giving them authorisation?
    3 & 4 I need to claim against 3rdpty?
    Or I can make a civil tort/claim against the driver?

    Any advice most welcome, it is a minefield when you start looking into and thinking about.
    Incidentally, I did approach another claim firm who claimed they would give free advice but wouldn't without authorisation!

    *
    Tags: None

  • #2
    So go back to basics.
    You, the injured party make a claim against the party that caused the accident.
    If you wish you can handle all elements of the claim yourself (but if your not insurance savvy I wouldn't recommend it for large or complicated claims)

    However you have legal expenses cover, and may wish to use that cover,
    The legal expenses insurers won't advise until they have full details and authority.
    If you don't know what you can claim for, I do not understand why you don't just make a claim and allow the "experts" to progress it.
    Why not throw the whole lot at them.
    You pay your premium for the cover, which releases you from the hassle of broking your own claim
    You recognise it is a minefield, so rather than getting blown up let your insurers deal with it.
    They can't settle without your final authority.
    Much easier and less stressful

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