Third Party Insurance and claiming.

I have a hyperthetical question regarding Third Party Vehicle Insurance.
If I'm involved in an accident (2 cars colliding) where it's proven that the person who hit me is responsible for the accident, how would I go about claiming the costs back which I have paid to repair my own vehicle?
Would I have to sue the other person (3rd party) or would my insurance company help do that?

They have many ways of determining who's at fault. Basically if you're in an accident that was or wasn't your fault.

1) If the other party is insured.
Once you lodge your claim your insurance company will with the other insurance company determine who is at fault and will do this on your behalf.

2) If the other party is uninsured.
Your insurance company will most likely determine who was at fault and if necessary sue the other party to recoup their losses.

In both cases your excess may or may not be payable upfront.

In most cases where the other party is uninsured you'll be forced to pay your excess and if they manage to get the amount back from the other party (or other party's insurer) your excess will be refunded (The insurer will send a debt collector after them).

In some cases where insurers have an arrangement with other insurers and have a knock-on-knock (or something sounding like that) agreement then each insured party will pay their excesses. (This is rare however it does happen).

Worst case if you're not at fault you'll have to pay your insurance excess in most instances.

Just remember:
a) Do not ever admit fault at an accident no matter how minor it is.
b) Always get the full details of the other parties.
c) Get statements or contact details of any witnesses.
d) Report the accident within 24hrs at the nearest police station and be as detailed as possible.
e) If your vehicle is to be towed make sure they are approved by your insurance company (Or you may be liable for the cost of the tow and storage).
f) Take photos if possible.

Oh and if you just have third party insurance then your insurance company is responsible for the third party's damage and not your own. Depending on the insurer you may be required to recover the damage to your vehicle via your own means. If the other party is insured then all you'd need to do is contact his insurance company with the details and if there is merit to your claim they will need to cover your loss.

If the third party is uninsured you'll have to follow a legal route to recover your losses (also depends on your insurer who may assist you before paying out the 3rd party's loss).

quovadis said:

Oh and if you just have third party insurance then your insurance company is responsible for the third party's damage and not your own. Depending on the insurer you may be required to recover the damage to your vehicle via your own means. If the other party is insured then all you'd need to do is contact his insurance company with the details and if there is merit to your claim they will need to cover your loss.

If the third party is uninsured you'll have to follow a legal route to recover your losses (also depends on your insurer who may assist you before paying out the 3rd party's loss).

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Thanks, makes sense. I think comprehensive is the way to go (particularly for vehicles with a lot of value left in them)

quovadis said:

Just remember:
a) Do not ever admit fault at an accident no matter how minor it is.
.

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Even if you are at fault? This is why you dogs always get away with damaging other peoples property

GTiDon said:

Even if you are at fault? This is why you dogs always get away with damaging other peoples property

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Never admit fault in the heat of the moment. If you are going to admit to fault, do it after you have had time to reflect and do it from as objective a view point as you are able to reach. So the golden rule is not to admit fault at the scene of an accident.