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Who is responsible?

including wills and probate
gryffron
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Re: Who is responsible?

#268218

Postby gryffron » November 29th, 2019, 11:24 pm

didds wrote:get all that.
I was responding specially to the point made
"but because you might end up getting sued for millions if you'd caused serious injuries to someone else."

AIUI: Insurers are obliged to pay out to third party victims "regardless of the physical or mental condition of the driver" Road Traffic Act 1987. The insurer (not the victim) may then sue their client to reclaim the cash, in cases where there is clear blame. Especially drink and drug driving.

Gryff

didds
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Re: Who is responsible?

#268454

Postby didds » December 2nd, 2019, 9:01 am

gryffron wrote:
didds wrote:get all that.
I was responding specially to the point made
"but because you might end up getting sued for millions if you'd caused serious injuries to someone else."

AIUI: Insurers are obliged to pay out to third party victims "regardless of the physical or mental condition of the driver" Road Traffic Act 1987. The insurer (not the victim) may then sue their client to reclaim the cash, in cases where there is clear blame. Especially drink and drug driving.

Gryff



For clarity - exactly. There was an earlier suggestion that indurance comanies would do this and this was an issue because

"but because you might end up getting sued for millions if you'd caused serious injuries to someone else."


ie the driver get sued.

My point is the typical person would never earn millions in their lifetime, let alone after a "reasonable ampount" to still provide basic needs first, and that thus pursuing Fred Bloggs for such levels of sums would be meaningless. As demonstrated by the example of £5M claimed form somebody earning 20K pa (forgetting for now the basic needs aspects) would take 250 years to pay off.

That's not to say insurance companies don't do this of course. I just don't see how it could possibly benefit them in any real sense.

didds

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Re: Who is responsible?

#268634

Postby tsr2 » December 2nd, 2019, 8:53 pm

Clitheroekid wrote:
Lootman wrote:Incidentally, I'm currently advising a client who's in dispute with Admiral over their refusal to pay a claim for a stolen car, and in looking through their policy wording I noticed the following clause:

11. Drink and drugs clause
If an accident happens whilst you or any person entitled to drive under Section 3 of your current Certificate of Motor Insurance is driving your vehicle and:
- is found to be over the legal limit for alcohol or drugs
- is driving whilst unfit through drink or drugs, whether prescribed or otherwise
- fails to provide a sample of breath, blood or urine when required to do so, without lawful reason
No cover under the policy will be provided and instead, liability will be restricted to meeting the obligations as required by Road Traffic Law. In those circumstances, we will recover from you or the driver, all sums paid (including all legal costs), whether in settlement or under a Judgement, of any claim arising from the accident.


This is an example of an insurer allowing themselves to bring a subrogated claim, but it also contradicts what many people believe - that your insurance will still pay you out even if you're over the limit.

Admiral group companies do actually reclaim costs from drivers under this clause. To the best of my knowledge, it's only Admiral Group (Admiral, Bell, Elephant, Diamond, IIRC and possibly Sheila's Wheels?) that have these terms. While I'm unlikely to be affected by such a clause, I'm not perfect. If I made a stupid mistake, I would very much feel that enforcing such a clause would be kicking me when I'm down.


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