If If your policy includes legal expenses cover then your insurer will help you recover all uninsured losses after a traffic accident.
If it doesn't then you’ll need independent legal advice to help with your claim.
Loss of use of vehicle
If your car’s damaged and off the road you can charge 'reasonable' hire charges, public transport costs or general damages.
Ask the other driver's insurer about providing you with another vehicle, but you may have to pay first and claim your expenses later.
Hire charges shouldn’t be:
- More than the market rate.
- For a larger car.
- Claimed for longer than it would be reasonably necessary to repair or replace the damaged vehicle.
As a claim for loss of use is for inconvenience and not compensation for financial loss, courts tend to award less than the equivalent cost of hire.
Towing and storage charges
Claiming from your own insurer?
- They’ll normally pay reasonable towing and storage charges as well.
Claiming from the other side?
- Storage charges won’t be recoverable if there’s unreasonable delay in repairing your vehicle or disposing of the salvage if it is a write-off.
'No claims' discount
- A 'no claims' discount isn’t normally recoverable.
- If you’re able to recover uninsured losses from the other party's insurers on a full liability basis – no fault on your part in the accident – your own insurer may reinstate your discount.
Clothing and personal effects
Keep any damaged articles of clothing or personal effects for a reasonable period after the accident as inspection may be necessary.
- You’ll need to support any claim with evidence such as receipts, but if you don’t still have these then you should at least be able to advise the rough date and purchase price.
- You’ll be able to claim the value of each item at the time of the accident, which may be less than the cost of replacement.
If you get a bill for emergency treatment of a person injured in the accident, at the scene or immediately after, pass it to your insurer for payment. This is a statutory charge that won’t affect your 'no claims' discount.
Personal injury and loss of earnings
Claims for damages for death or personal injury need expert knowledge – seek legal advice immediately.
22 February 2017