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It's not unusual to have trouble accepting that they might be to blame for an accident. This is especially true of elderly drivers who have never had an accident or those who have passed an advanced driving test. I recall a claim form which stated ' I am not to blame for this accident - I am an advanced driver and the vehicle in front should not have stopped in front of me!' (The advanced motorist had just hit a stationary car.) But the truth is that even the best of drivers can have a moment of insanity. And of course we've all seen drivers with an aggressive or overly timid driving style which is just asking for trouble on today's overcrowded highways. When you send a claim form to your insurance company, tell them the whole truth! It is OK to tell your insurance company that you were to blame. They will be very unhappy if you bend the truth to try and make out it was not your fault as they are liable to try and defend claims made by the other party, lose and ultimately increase their costs. They would much prefer that you reported clearly and simply exactly what occurred than invent a story that might make you feel happier but will involve them on a protracted and expensive dispute they won't win. For example ' I pulled out of the minor road without looking and was hit by the other car' is much preferred to ' I halted at the junction and checked for oncoming traffic, nothing was coming so I pulled out when he hit me. He must have been driving well above the speed limit and it was entirely his fault' By reporting honestly, admitting your guilt and telling your insurers precisely what happened, you give them a much better opportunity of making the correct decisions about dealing with any third party claim from the incident. If they know that they must pay the other drivers claim, they might be able to invoke procedures to limit and control the amount of money they have to pay to the other party. You might well receive heaps of letters from the other drivers insurance company, his brokers, his solicitors or legal expense insurers, possibly his employers (if using a company car) etc. Just send them all off to your insurer, unanswered. They will handle this for you. Some solicitors in particular can appear to be very intimidating and threatening with the wording of the letters they send out. They use phrases such as 'you must give us the name and address of your insurance company plus your policy number or you will be in breach of the Road Traffic Act and we will report you for a criminal offence' or 'You must admit liability in writing within 7 days or we will issue proceedings against you' and so on. Just ignore such letters! Don't get worried. Let your insurance company deal with it. I have received many telephone calls from my clients and friends who have become very frightened by this type of letter. There are a number of extremely aggressive lawyers around who have found a niche by taking on this type of work. Following the introduction of the Woolf Report in April 1999, solicitors should now use a standard 'letter of claim' but it remains somewhat intimidating and I would urge Lord Woolf to 'tone it down a bit'. You could also receive a Summons through the post. The two possible types are as follows: (for my dear readers in Scotland, this part applies to English Law but similar action happens in Scottish Law - A summons to answer a criminal case e.g. careless or dangerous driving in the magistrates court (or Crown Court if the charge is extremely serious such as causing death by dangerous driving) - A county court 'claim form' (or possibly a high court writ) seeking recompense in a civil action. In either case, send this immediately to your insurer. They will look at it to see what the summons is for and make a decision what action they are willing to take. They might instruct a solicitor to defend you or if it is a civil action, they might just be willing to to pay up rather than go through the courts with the possibility of substantial costs being awarded against them should they lose the case. If you feel the need to talk to your insurer, then go ahead but do not delay in forwarding the Summons. That is the worst possible thing you could do. There are strict time limits in which action must be taken.
Article Source: http://www.financemanual.com
This article on filing an insurance claim where you were to blame for a road traffic accident was written by Trevor Dace. He has many years of experience working in the claims office of a number of UK insurance companies. His website www.instant-online-insurance.co.uk offers Touring Caravan Insurance with online quotes and secure online payment.
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