On last Friday 27th on our way to Sandringham CC site we had a car hit the back of our caravan, the car had been hit by another car which shunted into our van.
We were doing about 10-15 mph in slow moving traffic, Police and amublance were called, their is no desputing were the blame lies.
The only thing is i've not got caravan insurance so i'm going to have to sort it out myself 'claiming off the driver's insurance that caused the crash'
Not sure if caravan is a write off or not, back panel, back floor and the door side panel is damaged, the caravan is a 2003 bailey worth about £5k
Just wondered were to start or if their are company's out their that would do the legal stuff for you.
If you have breakdown insurance their legal department may be able to help. I'm not sure, as it's your van not your car that is damaged but maybe worth asking.
Incidentally, you will claim off the insurance of the driver who hit you, not the one that shunted him - it is up to his insurance to sort that out with the insurer of the one who hit him.
I had Same thing happen to me many years ago on Exeter bypass can't remember which party paid up but it was not my insurance and I had no problem claiming because the police had been involved they acted as a witness for me.Ian
------------- Sandy Gulls caravan site
Mundesley
North Norfolk
1st July to 22 July
Thanks for replies
Ronni54 - I'm with green flag through caravan club, van in kings lynn in a recovery yard at mo being delivered to my house today, police told me i'd be claiming from the driver that caused the crash i know the driver accepted responsibility + police involved = in my favour, just all the things an insurance company 'if i'd got one' would do suppose i'll have to do, my own fault for not having insurance.
Incidentally, you will claim off the insurance of the driver who hit you, not the one that shunted him - it is up to his insurance to sort that out with the insurer of the one who hit him.
Hope you get it sorted OK.
Sorry Ronni but that is incorrect. All claims are directed towards the negligent party, in this case the vehicle at the rear of the incident. A claim against the middle driver would have no chance of success as they cannot be held to have been in any way negligent, and as such their insurer will have no cause to accept any liability for resultant damages.
Isn't your caravan covered by your car insurance? I think that it will be as long as the van was attached to the car at the time of the accident, maybe they would help, worth asking!
Steve - the caravan would be covered for third party liabilities only, ie if it swung out and smacked another vehicle whilst towing. Damage to the van itself would not be covered under motor insurance.
"Sorry Ronni but that is incorrect. All claims are directed towards the negligent party, in this case the vehicle at the rear of the incident."
It isn't allways that simple!
Where there is a three car shunt, the situation can be complicated and will depend on the number of impacts felt by the driver of car one,If he felt only one impact then car three will generally have pushed car twointo car one.
However where the driver of car one remembers two impacts, then in most cases car two will have hit car one before car three hit car two so car two could be considered to be at fault.
I agree with saxo. There are a number of factors to consider, but if the middle (2nd) vehicle was at a safe breaking distance from your van it could be argued that at normal speeds it wouldn't have been shunted into the back of your van. If it was directly behind the van then there is an amount of negligence.
A similar example being if your driving along and slam on your brakes for no reason, causing the car behind to rear shunt you; it would be the other driver's fault for not keeping that safe (braking) distance
Without knowing the full facts of your case and keeping it simple, i would suggest that vehicle 2 would claim for damages from vehicle 1 and you would claim damages from vehicle 2
Others may disagree but i deal with these on a regular basis.
Could be quite complex especially if you are chasing this one yourself. You allege that there is no dispute as to where the blame lies. That really depends on just what the insurers say once it lands on their desk I am afraid. You need everyones name address etc so that you have that detail to follow it through if the guy behind you denies liability, via his insurers.
Anyway, if you have household insurance and that includes legal cover maybe you might benefit from claiming under that to get a lawyer appointed to sue someone if correspondance directly with the insurance company of who you think is liable leads no where
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
Cwdc56768 - got all details from everyone police sorted that.
Phoned the insurance of the car that caused the crash they told me that there driver admitted responsibility they seemed to think that it would be straight forward '
I'll have a look at my house insurance, Ta
I've got legal cover with car insurance but tat only covers for injury
"Sorry Ronni but that is incorrect. All claims are directed towards the negligent party, in this case the vehicle at the rear of the incident."
It isn't allways that simple!
Where there is a three car shunt, the situation can be complicated and will depend on the number of impacts felt by the driver of car one,If he felt only one impact then car three will generally have pushed car twointo car one.
However where the driver of car one remembers two impacts, then in most cases car two will have hit car one before car three hit car two so car two could be considered to be at fault.
Saxo1
I know all this, I worked in third party motor claims for years dealing with disputed liability day in, day out.
However in the OP's case, it is that simple and my post was correct. Liability is not in dispute, the vehicle at the rear has already accepted full liability for causing the incident as described, and as such the claim is directed to that driver and their representatives.
Yes, many three car shunts can be complicated, drawn out and frankly a pain in the backside to resolve as inevitably one of the three insurers will be awkward about it if the driver at the rear is disputing causing all the damage. However in this situation it is not the case.
Quote: Originally posted by phil75 on 29/7/2012
I agree with saxo. There are a number of factors to consider, but if the middle (2nd) vehicle was at a safe breaking distance from your van it could be argued that at normal speeds it wouldn't have been shunted into the back of your van. If it was directly behind the van then there is an amount of negligence.
A similar example being if your driving along and slam on your brakes for no reason, causing the car behind to rear shunt you; it would be the other driver's fault for not keeping that safe (braking) distance
Without knowing the full facts of your case and keeping it simple, i would suggest that vehicle 2 would claim for damages from vehicle 1 and you would claim damages from vehicle 2
Others may disagree but i deal with these on a regular basis.
I do disagree, as stated above. Yes, in a simple case of "not maintaining safe braking distance" between two vehicles, then liability is as straightforward as you suggest.
In any circumstances I would be extremely surprised for any apportionment of liability to be made against a "middle" vehicle if they have clearly been shunted into the front vehicle, let alone because they were deemed to be "too close" when they were hit in the rear. I don't even know where to start picking that scenario apart, it is just so far fetched! The braking distance is not the primary cause of the impact, there is no evidence that an incident would have occurred had it not been for the impact of the rear vehicle, no quantifiable way to prove either the pre-accident distances, vehicle speeds or the relevance of either in the eventual impact, and as such no court in the land would accept an apportionment of liability on that basis. I don't doubt some insurer would have tried that argument at some point as a desperate last ditch attempt to blag even a fraction of a split settlement, which in my case would have been swiftly responded to with a notice of intention to issue proceedings along with a request for costs to be awarded against that insurer.
Just based on the information supplied by the OP, it is painfully obvious to anyone with a genuine hands-on background in dealing with motor claims from notification through to settlement that as the driver at the rear (vehicle 1) has fully accepted liability for colliding with the middle vehicle (vehicle 2) and subsequently shunting into the OP's vehicle (vehicle 3), the claims of both vehicles 2 and 3 would be directed to vehicle 1.
My only concern on the OP's behalf is that what was said at the scene and what might be notified to the insurer may well differ. Should this prove to be an issue, then yes the OP could well approach the insurer of vehicle 2 and ask that they deal with their claim on a "without prejudice" basis until liability is resolved.
Hopefully though, this won't be an issue, and the OP's damage can be sorted swiftly and to their satisfaction. I wish you the very best of luck and hope the matter is concluded with the minimum of inconvenience for you.
Sorry, didn't see Phils post - yes, checking for any Legal cover on household or motor insurances is a good idea, as depending on the type of legal expenses cover (tied to the home/motor insurance or a general "we've got your back" cover) they could be very helpful indeed. That was a great suggestion, Phil.
Stu - glad to hear that the driver has owned up to his insurer and that they are dealing with it efficiently. Do be aware that unless they are a company which offers its own caravan insurance product, they might not be sure how to go about arranging your repairs. In that case, they would usually ask you to arrange a few estimates from local repairers and then arrange for an assessor/engineer to inspect the damage and estimates, and agree costs with the repairer.
Hoping that I have been of some help, that was my intention. I'll shush now
When these things occur it is always a worry that it will not be resolved to your satisfaction. Man ya time it all works out eventually. Patience. Claim for just about everything that you can and negotiate down to what you have actually lost.
Have an independent engineer check over your caravan and ask him to give you a view as to whether the van is repairable and at what cost or should it be written off. Charge the cost of that report to the insurers. An independent report will be better considered by the other side than what they may think is your biased claim.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Advice required Crash
