There is a potential argument to be had here.
The first thing I would do is make sure that he does not cash the
cheque for the personal injury. He can probably reject it and get at least
three times as much if he goes to a solicitor. We are not allowed to recommend
firms on here but this firm is worth a call. Please mention my name and this
site if you wish. I have heard good reports from the clients who have been
any modification like the wheels and springs should have been
declared to the insurance company and he is lucky that they have not tried to void
his insurance. If they were material to the accident, he would now find that he
has no insurance. Believe it or not, it is necessary to disclose tinted
windows, different wheels, towbar, roof rack, different lights, everything.
About the only thing he doesn't need to disclose its paintwork. Even different
seats need disclosing.
The wheels and the springs belong to the insurance company and he
should offer to return them although there is an argument that they didn't know
about them so they are not entitled to them. It depends whether you want a long
protracted argument with the insurance company. I would probably not go there
for the sake of querying the pitch.
From the account of the accident that you give, which is all that
I have to go on, the accident is the fault of the vehicle behind who is
responsible for the damage to your son's car and to the car in front.
As both insurance companies are of the same group and I have had
nightmare experience for a client with both of those, they will try to settle
this for as little as possible and that is why he has had a derogatory offer in
respect of his personal injury.
His claim as against the driver who hit him, as I said earlier.
His insurance company will not claim for personal injuries on his behalf and
they have done and under the counter deal between them.
My suggestion would be to see a solicitor as soon as possible to
deal with the personal injury on a no win no fee basis. It really depends on
the terms of the offer of £1000 and how he accepted that as to whether he is
stuck with it. If he is not stuck with it, a solicitor will take on the injury
claim and will deal with the car issue as part of the overall claim. The
solicitor gets paid for dealing with the injury but not for the car issue and
if he, having considered the paperwork, has actually accepted the thousand
pounds (unlikely because he has been asked not to cash the cheque) then he is
faced with pocketing the thousand pounds and suing the driver that hitting for
whatever his losses are.
If he puts it through his own insurance company, they will pay
out the value of the car (that is another argument on its own) but nothing for
his personal injuries, no policy excess and he will lose his no claim bonus if
it is not protected. Even if it is protected, he then loses the protection
because he has made a claim. Please note that it is a "no claim" bonus not a "no
fault" bonus. He makes a claim, it is not his fault, it is still a claim, he
loses his no claim bonus.
He must sue the driver of the car that hit him for those losses. If
he does not put the claim through his own insurance company or if he is only
the third party fire and theft, he is faced with suing the driver of the car
which hit him for the cost of his losses in respect of the car value
Does that answer the question? Can I help any
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Does that answer the question? Can I answer any further specific