Does your insurance company represent the insured or the third party?
Find answers to your legal question.
Does your insurance company represent the insured or the third party?
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If the other party causes and admits to the accident and the third parties insurers agree, then who has to foot the bill? Should your insurance company be fighting your corner? Additional Details The insurance co of the third party (would you believe) is the same as claimant
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kc
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hell yes - don't take no sh*t from 'em - took me 5 months to claim my excess back - keep on pushing them!!! |
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sarah_roo03
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absolutely.
if it is your insurance company, they should be doing all they can for you.
the third party (who caused the accident) should foot the bill. |
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Trollhair
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First and foremost they represent themselves. Then they represent the person who pays them. Yes, they should be fighting for you. Unless you are so wrong that they are just trying to pay as less as possible. |
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Stephen H
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The other insurance company has to pay the bill - and yes, your insurance company will always have your interests in mind as you are their policy holder |
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deadcars42
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Your Insurance Co represents you. The Insurance co who insures the person at fault should foot the bill. AS for your insurance co going to bat for you, it depends on the situation. Your Insurance Co. can only request that the other company pay for the damages IF they paid for yours through your collision coverage. If an insurance co has not made payment on your behalf, they technically do not have an interest in the matter as they have not had a loss (issued payment) due to the accident.
As long as the other person admitted fault, you should not have a problem dealing with his insurance co. |
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SNVL
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I'm insured with a great insurance company called Hollard. They stick with me even if I was wrong. If the other person was right or wrong they help me first and then when I'm ok they see to the other person! To be honest that is the only good thing in my country. My insurance company! |
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CowboyBill
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Your insurance company will only fight for you if they are handling your claim. They are not your lawyer, they are not your mommy. They do have a legal contract with YOU and only you. They have no intrest or binding authority to recover monies/damages without first indemnifying you for your loss. |
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Dwight D J
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whoever pays the premium |
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Chris
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Your insurance company represents you, but part of that means that if you have an accident where you are negligent, they will pay for the damages to another person that you cause. A lot of people confuse that with meaning they represent the third party. The third party doesn't mean the person who is getting paid, it just means you are a claimant and not the insured, regardless of the liability situation. Your insurance company is there to defend you and act on your behalf, and that includes paying claims that they owe on your behalf. They are limited as far as how much they can do for you if you are not using your own coverage. Legally they are only entitled to collect if they pay. So don't get mad if you're filing with the other person's carrier and want their help, or you don't carry the coverage (meaning you haven't paid for them to act in that capacity) so they can't try to recover for you.
So if you had an accident and it was someone else's fault you can use your own collision coverage if you have it, and your carrier will get the $ back from the claimant's carrier, or you can file directly through the claimant's carrier. But then YOU become the claimant under that claim. |
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Omgitshim1
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You take out an insurance contract with the insurance company in good faith. Third party claims are people with a claim against you, the payment of such claims are insured by your insurer.
In order to establish liability, the third party has to prove you are liable. Your insurance company will pay you, and recover costs from whoever it is established is liable.
Quite often due to the breakdown of the "knock for knock" agreement in the UK, your insurer will pay and third party claims are a nonsense.
In the case where the insurer and the third party insurer are the same, everyone gets paid if they are comprehensively covered. The insurer may decide to blame the party which is only third party insured, as their costs will never be recovered or paid and so such insurance is a waste of money.
If you are both only third party insured and with the same insurer, then an interesting situation arises. The insurer is going to have to establish blame, and then pay money out in proportion to it's judgement.
If you have no faith with insurers, then there is no point in having a contract with them even though it is legally required. I would argue that the lack of faith is sufficient to warrant the law null and void! |
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GRUMPY
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They are your insurance company so they should be fighting for yourself. BUT as a rule they are fighting for themselves. The only person they look out for are themselves. |
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sue
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my daughter drove grandmas car thinking she was insured on her fully comp insurance,she ran into the back of another car.now her grandmas insurance who was also fully comp ,are asking my daughter for the money they will be paying out,which will be thousands .one of the people has a broken wrist,4 people with a whip lash claim,not to mention the damage to 2 cars that were involved.they wont her to sign a form to allow grandmas insurers to act on her behalf.my daughters insurers have washed there hands of it .she should of been over 25 to drive other car.very scary for her and us .we havent got that sort of money .any advice please |
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