Liability question regarding the insurance company.

RR
Posts: 10
Joined: Wed Nov 10, 2010 12:23 pm

Liability question regarding the insurance company.

Postby RR » Tue Jun 21, 2011 4:26 pm

Hi everyone...

May i Ask if someone was involved in an accident, and later on both party's insurance company had disputed the fault (both person have got comprehensive insurance) but no results at all. In the situation, can any insurance company sue(or put to default list) a person individually for the loss if no agreement can be made by two insurance companies?

Thanks......

oscar
Posts: 710
Joined: Thu Nov 10, 2011 7:00 am

Re: Liability question regarding the insurance company.

Postby oscar » Tue Jun 21, 2011 5:36 pm

only 99% sure, but my answer is no - if fault is found, then the insurance pays, not the individual (that's why you have insurance) otherwise insurance companies would always disagree and force the driver to pay.....

RR
Posts: 10
Joined: Wed Nov 10, 2010 12:23 pm

Re: Liability question regarding the insurance company.

Postby RR » Tue Jun 21, 2011 6:08 pm

Thank you for your reply.

If the insurance companies are supposed to play as agents between two parties, what actions can individual take if a person keeps receiving letters(stating the intention of sue or the intention of puting to default list) from that insurance company? I'm not sure whether this is usual or unusual but can i say that the insurance company is disturbing and pushing pressures to a person's normal life?

Thanks......

Hardy
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Re: Liability question regarding the insurance company.

Postby Hardy » Tue Jun 21, 2011 6:11 pm

Provided you have made a claim on your insurer pursuant to your policy and paid the excess if required, then the entire problem is theirs. You should forward all correspondence to them and tell them to deal with it. Nothing further can happen to you, except that they can require you to come to court as a witness if it gets that far. The other driver might end up suing you because neither you nor your insurers are willing to pay his claim. So it is possible a civil complaint will be served on you, although most insurers will sort that formality out amongst themselves without the need for you to suffer the fright of having a process server appear on your doorstep.

RR
Posts: 10
Joined: Wed Nov 10, 2010 12:23 pm

Re: Liability question regarding the insurance company.

Postby RR » Tue Jun 21, 2011 6:54 pm

Thank you for your answer.

So far the person was defined by his insurance company as no fault in this case and he is always following instructions given by the company, but it seems that another insurance company is trying to work out the case with that person directly rather than his insurance company (which i guess two insurance companies are having a big gap to discuss the fault)...

Also if a civil complaint is taken to the court, will the maximun liability for that person be the excess fee based on the insurance policy or the actual loss by another driver?

Thanks......

Hardy
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Re: Liability question regarding the insurance company.

Postby Hardy » Wed Jun 22, 2011 12:23 am

RR,

When you take out an insurance policy you are contracting with the insurance company so the the insurer pays out on any claim that is made against you, and if the insurer does not wish to resolve the claim outside of court then the insurance company can dispute the claim in court proceedings that are fought in your name. If you want the insurance company to indemnify you, then you will have to pay them the excess required under the policy. i.e. if someone sues you then the insurance company will deal with it all and pay out any order made against you in that proceeding.

Hope that explains it clearly. If you are still unsure how insurance works, then call your insurance company.

RR
Posts: 10
Joined: Wed Nov 10, 2010 12:23 pm

Re: Liability question regarding the insurance company.

Postby RR » Wed Jun 22, 2011 10:25 pm

Thank Hardy and Oscar, now I'm more clearly understand regarding the procedure how insurance company works, this forum is really helpful.

Thank you again!


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