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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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My partner was driving s brother's car with a passenger, my

Customer Question

Hi. My partner was driving his brother's car with a passenger, my partner had fully comprehensive care insurance on his own car but unfortunately only third party on this car on the day of the incident. A car hit my partner from behind as my partner indicated to turn right. At the scene the driver of the other car admitted fault, apologised said he was in a rush and hadn't noticed what my partner was doing i.e going to turn.
Since then that driver had denied he was at fault and stated my partner was doing a U-turn. The passenger has been paid �4750 for his damages and the car was fixed. My insurance company have just told me they are not going to defend the claim and I now have to pay nearly �10000 being the payment to the passenger and the car. What recourse do I have? My partner did not cause this crash and is now extremely worried about it.
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.

Why do you have to pay it? They are liable on your behalf.

Customer: replied 2 years ago.
They are saying they can't prove it wasn't my partner's fault and therefore as it was third party only that it is his liability to pay
Expert:  Jo C. replied 2 years ago.

Yes, but then the third party liability is theirs?

Customer: replied 2 years ago.
Really, I thought that if you are driving someone else's car that if the accident is deemed to be your fault (which hasn't been proven) then the insurance don't cover you hence why they are now requesting payment from us? What should my partner be saying to the insurance company then. Thanks for your help
Expert:  Jo C. replied 2 years ago.

Well, it depends. The point they are making is that they are not prepared to contest the facts of the case which is ultimately a decision they are able to make.

Third party insurance means that a third party can claim from the insurance company but you cannot claim for your own losses.

So if they are settling the claim then they are liable to the third party but there is no claim for any of your own losses.

However, you can't force them to contest the matter.

Customer: replied 2 years ago.
Thank you so much it totally makes sense hence the name Third Party insurance! I have no idea why they are scaring him with this request! We weren't bothered about making a claim at all so not bothered about that at all just worried about the expense. Thank you I'll go through this with my partner tonight. Thanks
Expert:  Jo C. replied 2 years ago.

The only issue is that I suppose the other side could claim from him personally if they are saying they were underpaid but people do not often do that.