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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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My son, 25 has had a slight scrape in his car caused by another

Customer Question

My son, 25 has had a slight scrape in his car caused by another driver, (Monday this week) who admitted liability. Damage is minimal and my son has informed his insurance company.
It appears that the van driver is an agency worker and his employer has not yet progressed a claim withn their insurance company.
My son is thinking that the situation will now affect his no-claims and future renewal premiums as he will have to declare it and it is probably best if the matter can be settled without the need for insurer involvement. His insurance company has said however that they are obliged to persue the case.
Is this correct? Can my son 'withdraw' the case and progress redress privately with the other party?
Please advise.
Many thanks
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

I am sorry but now its been reported it cannot be withdrawn. Unfortunately it will impact upon his no claims bonus.

However, he may have been under a duty to report anyway so he shouldn't feel guilty over that decision.

Ultimately these claims are down to the insurance company to pursue not the motorist I'm afraid. They are liable or have a claim on his behalf and can choose to pursue it as they wish.

They can certainly not pursue it but the fact of the report will impact on his no claims bonus anyway.

I am sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hello Jo, and thank you.


Is it likely that my son will be liable to pay his excess, which presumably is then recoverable from the other parties insurance?


Also, what if the other party does not persue a claim, what recouse does my son have?


Regards,


Ian

Expert:  Jo C. replied 3 years ago.
They may decide its not cost effective to sue.

If they do he will have to lay the excess but he can recover by suing the other party. They are likely to settle as there can be no defence.

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