Back end shunt in borrowed car.. who pays?

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Sat 24 Jan 2009 19:20
Back end shunt in borrowed car.. who pays? - Harleyman
My father-in-law borrowed my brother-in-law's car when his own broke down. F-I-L has fully comp insurance and was definitely covered to drive the car (3rd party only) under his own insurance, and B-I-L had his own insurance (TPF&T) anyway.

Father-in-law was hit in rear at traffic island whilst stationary. Exchanged names etc with other driver as you do, damage was rear quarter on a 51 plate Suzuki Swift; bumper, light lens, boot lid.

He is now being passed from pillar to post by the two insurance companies, both saying that the other one should deal with it.

Could anyone offer some advice please?
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Sat 24 Jan 2009 19:26
Back end shunt in borrowed car.. who pays? - LondonBus
FIL will cover for claims by Third Parties.

BIL will cover only for Third Party and damage by Fire and Theft.

I don't think damage by a Third Party is covered. I think BIL will have to sue the relevant party.
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Sat 24 Jan 2009 19:26
Back end shunt in borrowed car.. who pays? - woodster
Gather the evidence and make a claim against the other driver himself, through smalls claims court if he doesn't pay within a reasonable period. How the other driver deals with the claim is his business i.e. pays from his own pocket or asks his insurer to pay. I think your f-I-L's claim is with the driver personally. Since your FIL is covered for 3rd party only he can hardly ask his insurer to pursue a claim on his behalf.
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Sat 24 Jan 2009 19:45
Back end shunt in borrowed car.. who pays? - FocusDriver
agree woodster, well put. Small claims court is there to handle cases like this.
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Sat 24 Jan 2009 20:36
Back end shunt in borrowed car.. who pays? - oldnotbold
Your FiL is in just the same position as if he owned the car, but only insured it for TP. He claims from the other driver, who probably will choose to have his ins co handle it. He does not have to, though, and so in the first instance FiL writes to the other driver with his claim, backed up by an estimate.

Unlikely it'll go to SCC, as the other driver should be able to work out whether it's worth his while to lose NCB etc., but the SCC is there if needed.

I was in just this situation 14 months ago - and the other driver quickly put me in touch with his ins co, Zurich, who assessed and paid out in 14 days.

Edited by oldnotbold on 24/01/2009 at 20:37

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Sat 24 Jan 2009 20:51
Back end shunt in borrowed car.. who pays? - Fullchat
Third Party is what it says on the tin.

Your insurance company has no interest in your vehicle unless the claim is against you the policyholder. That is the only area in which their financial interest lies.

To put it bluntly they don't care whether you get your car repaired or not.

Now if you were full comp they would have to repair the vehicle and claim the money back from the guilty party ( in theory). If they can't they are left to foot the bill, hence their financial interest.

Claim direct against the guilty party, their insurance company may well deal direct with yourself.
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Sat 24 Jan 2009 22:58
Back end shunt in borrowed car.. who pays? - jbif
I.M.O. >
Property belongs to B-i-L.
Property damaged by driver who shunted car.

Therefore, B-i-L claims from driver who shunted the car and/or his insurance company.

procedure: see www.honestjohn.co.uk/faq/faq.htm?id=126
and www.honestjohn.co.uk/faq/faq.htm?id=33

Edited by jbif on 24/01/2009 at 23:01

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Sun 25 Jan 2009 00:28
Back end shunt in borrowed car.. who pays? - Harleyman
Thanks all of you for the prompt advice.
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Mon 26 Jan 2009 13:27
Back end shunt in borrowed car.. who pays? - Mapmaker
Same as usual. Doesn't really matter who telephones the third party's insurance company; they will be all set up to deal with the problem - which they will do efficiently and effectively.
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Mon 26 Jan 2009 13:31
Back end shunt in borrowed car.. who pays? - FotheringtonThomas
Your FIL's insurance co. may be able to help in getting the £ out of the person who bashed into him, which is where the £ should come from - your BIL's IC legitimately won't want to know.
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