FAQs from Easigo Accident Management on non fault accident claims UK

How to check if the other driver is insured - whilst at the accident scene.
With an estimated 12% of motorists driving uninsured, it can be a real worry, if you are in a crash; not knowing if the third party are insured. The Motor Insurance Database ( MID) has a very useful tool, which you can download & bookmark on your mobile browser. It’s called askMID/roadside.
It’s a FREE to use service, which will tell you not only if the other car is insured, but also the insurer’s det...ails.
You simply need to input your own registration details, an email address, and the registration of the other vehicle. The service will not only tell you if the car is insured, but also the name of the insurer.
If it tells you the other car is not insured, we advise you call the police immediately. Try and take photos of both the other car, and especially the driver.
Simply use this link in your browser; www.askMID.com
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For more information on this MID service use this link. http://stayinsured.askmid.com/roadside.html

In most cases, we can handle your claim; including; Parked car claim, if you were uninsured or even if you have no license! People think we recover fees, for handling a car claim, but we only get paid on the hire side.

If there is no hire, or an injury involved, we cannot help- we would be left with the legal costs. The article below explains, step by step, how to issue a Summons against the other insurer, and what information you need to start. This can be done from your computer- you do not need to go down your local court! Unlike ordinary people, insurers will not want a CCJ against them- they will either dispute the claim, or pay. If your case is clear cut, then they will pay up.

Every week we get lots of calls from guys wanting to know why the other insurer won’t help, or just messes them about- they won’t do anything without a legal threat.

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STEP 1. You will need to find the Registered Office of the other insurers. You can always Google this.
STEP 2. You will need a fair estimate of the amount you are seeking- ideally a quote from a garage, or, if your car is not economical to repair, a fair estimate of its pre-accident value- use Autotrader, put an average price, based on a 40 mile search.
STEP 3. Use this link ( beware, lots of companies offer to do this, & charge you, so use this GOV.UK link; https://www.gov.uk/make-money-claim-online [ ALWAYS use a Gov.UK address- it means it’s a Govt site]
STEP 4. You will asked to name the defendant; put
The Company Secretary [ you do NOT need his/her name- use that job title]
Defendant; XXXX Insurance Co.
Registered Address; - you have found this out
You will be asked to make a Statement of Claim;- simply detail the accident details, why the other driver is to blame, and an explanation of the damage caused.
You will need the estimate/ car valuation, so you can justify the amount you are claiming.
STEP 5. You will have to pay a fee ( which is added to the amount you are claiming).
STEP 6. The court will then send your claim to the Company Secretary of the Insurer you have detailed. They have ten days to either dispute the claim, or pay the amount owed.

If they dispute the claim, they will have to provide an explanation. If they are disputing the amount claimed, you will have to justify the figure.

If no agreement can be reached, a date will be set for a Court case. In over 90% of cases, the insurer will pay, if indeed the accident was not your fault.

Polite Request.

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The Competition and Markets Authority (CMA) has investigated concerns raised by Citizens Advice in a ‘super-complaint’, that companies penalise existing customers by charging them higher prices than new customers.
The CMA found there is evidence of firms continually raising prices in this market. The FCA must look closely at these pricing practices in its current market study and act to prevent people being exploited by firms. This sh...ould include considering pricing interventions.
The CMA found that there is a total loyalty penalty of around £4 billion a year. They estimate this affects nearly 12 million in the insurance market. They also found that vulnerable people, including the elderly and those on a low income, may be more at risk of paying the loyalty penalty.
The investigation has uncovered damaging practices by firms, which exploit unsuspecting customers. These include continual year on year stealth price rises, costly exit fees, & problems switching to new providers.
Several recommendations are being made to regulators and government to help stop loyal consumers being ripped off. These include:
Firms should be publicly held to account for charging existing customers much more; regulators should publish the size of the loyalty penalty in key markets and for each supplier on a yearly basis.

Targeted price caps to protect the people worst hit by the loyalty penalty, such as the vulnerable, where needed.

So, what can you do about it?

1. Get a new quote from your existing supplier, two weeks before your policy is due for renewal
2. Apply for a quote, from your existing insurer, using your driving details, but under a different name, to see if they offer a better price for new customers- they generally do!
3. check the market, for quotes from other companies, so you can compare. Make sure all the cover you need is provided.
4. If you wish to stay with your existing insurer, advise them of the prices you have been offered.
5. If they won’t alter their price, then move!

For further details, follow this link:
https://www.gov.uk/…/ne…/cma-tackles-loyalty-penalty-charges

Every day we get calls from motorists, with fully Comp policies, who thought they were insured to drive another person’s car. Whilst this used to be the case, with most insurers, things have changed over the last 3 years. Most insurers have removed this cover from their policies. Thousands of motorists are breaking the law by driving other people’s cars without insurance. Police have seized more than 3,000 cars in the last two years from drivers who wrongly thought that they were insured to drive someone else’s car.

How to check. The first thing to do is to read the small print on your policy. If looking at renewing, especially if using a web comparison site, be sure to ask, before buying a policy. If, as is often the case, several the family have cars, and it is likely you will need to drive someone’s other than your own, then make sure you are covered.

If you are stopped, or your insurance checked at the scene of an accident, you are liable to 6 points, plus a hefty fine. The car owner may also be charged with permitting someone to drive with no insurance.

What happens if you have an accident. If it is your fault, the car owner’s insurers may cover the third-party costs, then sue you personally, for the same.

If the accident was not your fault, then we may be able to help. Our solicitors will recover the repair costs, or pre-accident value, whilst dealing with your injury claim.

We get a lot of calls from drivers who have been involved in an accident, and the other driver has refused to supply any details. A lot of people do not realise that it is a criminal offence to refuse to supply their details, to interested parties ( ie; the other driver involved).

This is covered by The Road Traffic Act 1988 (section 170). If, as a driver, you are involved in a road-traffic accident and one or more of the following occurs:
• a person, other than yourself, is injured,
• damage is caused to another vehicle or to someone else’s property
• an animal has been killed or injured

You must:
• stop and remain at the scene for a reasonable period
• give your vehicle registration number, your name and address, and that of the vehicle owner (if different), to anyone with reasonable grounds for asking for those details
• Insurance details, if known

If you do not exchange those details at the scene, you must report the accident at a police station or to a police constable as soon as you can, and in any case within 24 hours.

Where injury is caused to another person, then in addition to the above you must also:

Produce your certificate of insurance, if anyone at the scene has reasonable grounds to see it. If you do not, you must report the accident at a police station or to a constable as soon as is practicable and in any case within 24 hours. You’ll need to produce your certificate of insurance.

Legal Penalties;
• Fail to Stop / Failure to Report Penalties

Failure to stop and failing to report both carry 5-10 penalty points.

In cases of injury, where you have failed to stop, this can result in a prison sentence of up to six months.

So the next time you are unfortunate enough to be involved in an accident, and the other driver refuses to supply their details, you can remind them its an offence and that you will call the police, if they don’t comply.

If they refuse to give their details, try & photograph both the car registration & the driver. Advise them you are calling the police. If it is a major accident (and some one is hurt) call the police immediately

If it is only minor damage, wait until you get home, call the police ( 101 non emergency) & report them. Ask the police for a Crime Reference Number. If you can supply us with this, we can successfully claim off the other insurer.

Recently, we have seen an increase in the number of callers advising us they have been told their insurance is worthless, either after an accident, or after being stopped by the police. Indeed, latest figures suggest up to one million motorists, may not have valid insurance- despite having paid for it. These shady policies are sold by “Ghost Brokers”

Tactics used by "ghost brokers" include taking out a genuine insurance policy before quickly cancelling it and claiming the refund plus the victim's money. They also forge insurance documents or falsify a driver's details to bring the price down, police said.

Men aged in their 20s are most likely to be targeted, with "ghost brokers" often contacting victims on social media including Facebook, Instagram, Snapchat and WhatsApp.

Ghost Brokers also advertise on student websites or money-saving forums, university notice boards and marketplace websites and may sell insurance policies in pubs, clubs or bars, newsagents and car repair shops.

How to make sure your insurance policy is genuine

If you suspect you may have bought a fake policy through a third party, there are a few ways you can check.

In the first instance, contact the insurer. The ghost broker will usually have set up a policy with a well-known provider (or claim to have done so). The insurer should be able to tell you whether you have a valid policy with them.

You can also check the status of your insurance on the Motor Insurers’ Database. This will show whether your car is insured, but not whether your correct details were used on the application.

Of course, the best way to avoid being ripped off is by buying insurance from a reputable source- if the seller approaches you through social media, in a pub, or via a message board, you should walk away.

What happens if I cause an accident or are stopped by the police?

Despite your good intentions, you will be treated in the same way as if you were driving knowingly uninsured. You will be liable for damage & injuries caused, in an accident; and will be summoned to court for no insurance.

We get a lot of calls from bikers, who have had an accident, and then been told their insurers are calling it 50/50. The chance of it being 50/50, is, in fact extremely rare- it means both parties are exactly equally at fault.

In most disputed accidents, it is a case of Contributory Negligence. This means that the claimant (the biker) is to some degree, responsible for the accident- possibly speeding or failing to observe the Highway Code.

Until a change in the Law, The Law Reform (Contributory Negligence) Act of 1945, contributory negligence acted as a complete defence. If the injured party was proven to be partially at fault in any way, then the Defendant could not be held liable and no compensation would be paid.

It is essential that any motorcyclist obtain expert professional advice, when making a claim where liability is disputed. It should be remembered that insurance companies are in the business of making profits for their shareholders- not giving their policy holders the best possible outcome from any claim.

Our solicitors are experts at motorcycle claims; and they will give you the best possible advice and fight any claim for you.

Unlike most solicitors, who are simply interested in handling your injury claim; EasiGo also look after the recovery and repair of your bike. We can supply a courtesy bike or car, if you are not able to ride.

Unfortunately, what seems like a clear-cut case, often ends up in frustration, cost & delay, for the innocent party. There are 2 major reasons for this;

1. The third-party insurers ask their driver if the accident was their fault. If the driver says they are not to blame, then the insurer will deny liability (often, the other driver will lie, not understand the Highway Code, or simply feel they can't be to blame). Many insurers do not ask for a detailed explanation, but simply send out an accident report form.

2. The other driver has not informed their insurer- so the insurer simply says we have not been notified, and deny liability. The knock-on effect of this is that your insurer then tells you the claim is disputed, and that you will have to pay any excess / not be entitled to a courtesy car/ or no help at all until it is resolved.

Fortunately, there is a solution. If you call EasiGo Accident Management, we will make our own decision as to liability; having reviewed any video footage & spoken to any independent witnesses.

If we conclude it is not your fault, we will arrange any repairs, supply a replacement vehicle to use, and, if applicable, deal with any injury & lost earnings claim.

We are often asked what details are needed; the simple answer is the as much as possible!

The minimum information is:
the registration details of the other car,
either the name & contact details of the driver
OR, if they refuse to supply them, either a police reference number, witness details or photographic evidence ( dashcam, cctv).

We do not need the third party’s insurance details; we can trace the insurer through the registration plate.

There are statutory obligations which state that both drivers must;

1. Stop at the scene of the accident

2. Supply their name & contact details, their car & registration details, and if possible, their insurance, to the other party.

This is covered by The Road Traffic Act 1988 (section 170).

If the other driver is aggressive, refuses to supply any details, or attempts to drive off; we recommend;
a. If you feel threatened, get back in your car, and avoid confrontation
b. Take as many photos as possible, of both the driver, their car & the accident scene
c. Advise them you are calling the police – and do so
d. Appeal to any witnesses for help.

Having an accident is stressful at the best of times; dealing with aggressive or abusive drivers, makes the whole experience worse.

Hopefully the above information will help. Certainly, we can pursue a claim, if you have followed the recommended steps.

In general, most insurers will only supply a small, class A car, whatever car you may have

All require you to use their, rather than a main dealer repairer

Most only lend a car for duration of repairs- this does NOT cover write offs/ uneconomic .

In contrast, EasiGo will supply a suitable size car ( a little hatchback is no good if you have a large family, need use the car for business, or need an automatic).

We will also keep you in hire, if your car is a write-off. You will be given a car until you have been paid out, plus a week to enable you to run around & find a new one!

Don't take our word for it- see this article on Moneysupermarket, for full details of most insurer's courtesy car policies.

QUOTE:

The first is from Clare Francis, our former editor-in-chief at MoneySuperMarket, who was told the cover she got as standard on her Post Office policy would only provide her with a courtesy car “if the garage has got one in” – which means some motorists could be in for an unpleasant surprise if they’re expecting a replacement vehicle.

Aviva’s courtesy car option will give you a small, 1 litre hatchback for the duration of the repairs unless you pay for ‘enhanced courtesy’, in which case you’ll get a 1.6 litre 5-door model.

Carrot

Subject to availability, a free courtesy car will be provided to you for the duration of any repairs, provided your car is repaired by one of its approved repair centres.
https://www.carrotinsurance.com/help/is-a-free-courtesy-car-provided-if-im-in-an-accident/

Guaranteed Hire Car Plus: a hire car will be supplied for up to 21 consecutive days. The vehicle will be of a similar physical size to your own and this is available to customers who have comprehensive policies.
https://www.directline.com/car-cover

Aviva

You will be given a courtesy car for the duration of the repairs being carried out, so long as these are being carried out by an approved repairer and you were not at fault for the accident.

Aviva’s courtesy car option will give you a small, 1 litre hatchback for the duration of the repairs unless you pay for ‘enhanced courtesy’, in which case you’ll get a 1.6 litre 5-door model.
https://www.moneysupermarket.com/car-insurance/articles/replacement-vehicles-a-common-courtesy/

Hastings

Providing you use Hastings’s appointed approved repairer, a courtesy car will be provided for the duration of the repairs. If your car is not repairable, you will not be supplied a car unless you have paid for the Substitute Vehicle Cover

This is guaranteed and provided as standard for comprehensive cover.

The type of car provided is what is classed as a Class A courtesy car – which is a standard small hatchback (usually a 3-door, 1 litre vehicle such as a Nissan Micra or Ford KA).
https://www.hastingsdirect.com/car-insurance/policy-features/

Almost every day, we get phone calls, asking how a person can claim for pothole damage. This article explains what you need to do, what evidence you need, and who to direct your claim to.

The Pothole Problem.

Due to cutbacks & years of neglect, most British roads are in an appalling state. The Local Govt Assoc estimated it would take 14 years to clear the backlog of potholes, even though local councils claim to fill in 2 million a year.

What constitutes a Pothole & who is responsible?

• Most councils agree if a hole is 4cm or deeper, there is a strong case for a claim. Councils have a duty under Parts 42-58 of the Highways Act 1980, to maintain roads in good order. A depth of 4cm or more is generally accepted as proof of failure to do this- simply due to the amount of time it takes a hole to get bigger.
• Assuming the pothole is at least that depth, you next need to establish who is responsible. As a general rule, local councils are responsible for local A & B roads, and Highways England for motorways & major A roads.

What evidence do you need?

Ideally (if save to do so) photographs showing the size & depth of the pothole. Its location on the road, and proof of the damage caused to your car ( photos & repair estimates . you need to record the date & time, & location of the accident.

You them need to contact either the relevant local council, or Highways England- this information is available from your local council website. We hope this is useful, for a greater explanation of how to claim for pothole damage, see Moneysaving expert’s excellent article at ;
https://www.moneysavingexpert.com/reclaim/pothole-claims/