Presentation Chat hosted by Chris Lodge at www.betternetworking.co.uk

www.car-accident-advice.co.uk

www.kentsolicitor.co.uk

 

 

Attended:

 

Robert Killington

Robert Zarywacs

Romany Thresher

Jane Friel

Laura (visitor)

Nikki Pilkington

Kevin Woodward

Irina Ponomareva

Seane (visitor)

John (visitor)

 

Chris Lodge Background

 

Chris a specialist road accident solicitor based at Kaslers Solicitors LLP in Kings Hill near Maidstone, Kent. He has more than 25 years experience - dealing with the aftermath of road accidents in the UK whether involving injury or just vehicle damage.

Chris offers a very personal service to his clients and with many contacts in the business, he can get things moving fast whether the need is for early medical treatment or a replacement vehicle (in non-fault cases).

His experience extends to dealing with large fleet clients as well as private motorists.

 

He is currently sits on the management committee of the Motor Accident Solicitors Society  (www.mass.uk.org) whose membership includes more than 100 of the top Road Traffic Accident law firms in the UK and is their regional co-ordinator for the South East

 

 

Robert Killington:  If I have an accident and forgot to tell my insurers about a speeding offence, am I still insured?

 

This problem happens all too frequently and many insurers will take the view that there was a breach of the policy so won't pay out.  If the insurer can justify their position, it leaves you picking up the cost yourself unless you prove the other party is at fault.

 

Robert Killington:  If you have an accident in another car on which you are a named driver on another policy, should you tell the insurer of your own car?

 

Absolutely right Robert.  Always tell the insurer on any policy on which you are named.  For instance, a fox ran out into the road in front of me in February causing £1k damage.  I had to tell my wife's insurers as I am a named driver. 

 

Kevin Woodward:  Chris is there a time limit on telling the insurer?

 

Not really apart from as soon as possible Kevin. The problem lies when you make a claim and find that you didn't tell them.

 

Robert Killington:  If my insurance is invalid, can I claim against at the fault of the driver?  And how would I go about making such a claim?

 

Robert, yes you can still claim.  Your insurers won't help at all but I end up acting for numerous drivers who find that their insurance is invalid and go about the same way as I would as if they were insured.

 

 

 

Kevin Woodward :    If I haven't told my insurer about an accident and want to pursue the other party, how would I do that?

 

Kevin you may want to inform your insurer for the record only, but you can deal directly with the other's driver's insurers.  However, the third party insurer or representative can by the same token establish the identity of your insurer through Motor Insurer Database.

 

 

Romany Thresher:  A company I worked for was told that it cannot recover the VAT on repair costs.  Why is that?

 

The VAT element (if you are VAT registered) can be recovered from HM Revenue & Customs so the insurer won't pay anything that you recover from elsewhere.

 

Robert Killington:  What if you are not VAT registered.

 

Then you can recover the VAT in full.

 

 

Robert Killington:  From where?

 

From the third party insurers as part of your loss.

 

Robert Killington:  So my insurers will do that for me?

 

No, your insurers will only be interested in recovering what they have paid out on your repairs.

 

Your uninsured losses may need someone like me to recover these on your behalf usually under the terms of a legal expense policy.

 

 

Visitor - Seane  :  If someone receives sickness benefits as the direct result of a car accident, can the insurance company reduce their own personal exposure to pay out because of the injured party receiving funds from elsewhere?

 

The answer is yes and no.  The insurers will pay the claimant's loss less the sickness benefit but then they must repay the Department of Social Security. 

 

 

Visitor - Seane:  Okey dokey, does this mean the third party's insurers check with the DWP and they then inform the injured person?

 

The Third Party insurer will get the national insurance number of the claimant usually through their solicitor and apply to the DSS for a certificate of benefits.  This is known as the CRU.

 

Visitor - Seane:  that explains what I have been looking at.

 

Nikki Pilkington:  I don't suppose you know anyone selling off an old London Cab, do you Chris?

 

I can always find out from some of my taxi brokers contacts.  They can be quite expensive.  if you want to use it as a taxi where all manner of regulations but probably not otherwise.  Stephen Fry drives one.

 

Nikki send me a PM with your taxi requirements and how much you want to spend.  I will make enquiries.

 

Robert Zarywacs:  With so many people apparently driving under the influence of drink/drugs and no insurance, how common is it to find that the other driver has no insurance?  Can you do much in these circumstances?

 

About 10% are in reality uninsured Robert.  You can make a claim to the Motor Insurers Bureau.  It can be a bit complicated so you might need help. 

 

Romany Thresher:  How much time will it take for me to receive compensation?

 

Depends on whether you are injured and whether liability is in dispute.  If no dispute and no injury, should be just a few weeks.

 

Romany Thresher:  and if the person is injured would it be the same?

 

If injured, we would arrange any necessary treatment like physiotherapy, then get a medical report, then negotiate.  Often 3 to 6 months.

 

Visitor - Laura:  Who pays compensation when a pedestrian runs out in front of your car?

 

That's difficult Laura.  If the pedestrian has caused damage, one needs to establish if he or she has insurance such as house contents insurance or travel insurance that will pay.

 

The other worry Laura is that it may cause the pedestrian to counterclaim against you for injuries.   

 

Romany Thresher:  And if they don't have insurance then can you claim from the Motor Insurers Bureau?

 

No Romany, you can't as the Motor Insurers Bureau only pay accidents caused by motorised vehicles.

 

If they don't have insurance you are unlikely to get anywhere with the claim.  A bit like me and my fox!  The fox was uninsured I believe.

 

Robert Killington:  Didn't he stop to give you his details?

 

Sadly, he perished before he was able to utter a growl!

 

Robert Killington:  Witness statement:  He was wearing a red fur coat, with a white bit on the back, had a long pointy nose and red hair.

 

Visitor - Laura :  In an accident involving a company vehicle who is responsible for paying?

 

As in where the company vehicle caused the accident?  You can sue both the driver and his employer if driving in the course of his employment.  In reality I establish the identity of the insurers and correspond with them.

 

 

Chris Lodge

Road Traffic Accident Solicitor

Kaslers Solicitors LLP

www.car-accident-advice.co.uk