Someone drove into me when on his hands-free, will it affect the insurance claim?
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Someone drove into me when on his hands-free, will it affect the insurance claim?
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Another driver drove into me whilst speaking on hands-free. There is no question that it was his fault - the insurance company have confirmed this to me and I have photos of the crash scene to prove it. At the time he was speaking on the phone - I know this because he insisted on finishing his call before he would get out of his car to see if I was ok. He got out of his car and didn't even ask if I was ok!!
I know that although hands-free is not illegal, the driver can still be prosecuted for driving without due care and attention if it's proven their attention was distracted when they crashed. is was because he didn't see me stopped at the entrance to a roundabout!
I am now on valium and painkillers for quite severe whiplash and my car is probably going to be a write off.
What I am asking is if he was on his hands-free, will this affect his insurance company paying me compensation? Should I report him to the police so he can't do this again?
Additional Details
Just to make it clear, I'm not concerned about my no claims bonus - my insurance company have already confirmed it was his fault without question so it will be his insurance company that has to pay. What I am asking is whether his insurance company will still have to pay out if he gets charged for driving without due care and attention?
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blb
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His insurance company will still have to pay even if he was on his hands-free. |
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LF_Family
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Don't worry, whatever citations/tickets he gets for driving while being an idiot have nothing to do with the insurance company paying! |
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Jasmin
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either way its his fault altho being on hands free can make it worse 4 him!
hope your ok?? |
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ROCK
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If it is wrote up on the police report that he was talking on the phone and driving, then it is his fought and he is suppose to pay up because he should of been paying attention to driving instead of talking on the freakin phone. |
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808fl
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If he has smashed into the back of you its his fault let the insurance company deal with it BUT LET THEM KNOW YOU ARE NOT CLAIMING FROM YOUR INS BUT FROM HIS
this should not interfere with your no claims bonus as you are not at fault make sure you have reciepts and all paperwork to support your claim report it to the police as it will be logged so you have police proof
good luck go for it |
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jamand
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It won't affect your claim and you should report it to police as an injury was sustained - he can be done for due care and attention - and should be in my opinion.
Make sure all your symptoms are recorded at your GP or local hospital to enhance your claim.
And DON'T accept the first offer for either your car or your personal injury - if in doubt TELL the insurance company that you want the car replaced with one of SAME COLOUR, MILEAGE, CONDITION and use forecourt prices to back up your claim - insurance will not give you replacement total - they will give you book price which is not always the forecourt price. |
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Shitestirrer extrordinaire
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Jamand has best advice |
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oracle
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let a no-win no-fee solicitor to do it for you. |
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