1. The At-Fault Driver’s Insurance Usually Pays
If someone crashes into you and they are at fault, their motor insurance is typically responsible for covering the costs of your damages and injuries. This includes vehicle repairs, medical expenses, and other related losses.
2. You Must Prove the Other Driver Was at Fault
To ensure the other driver’s insurer pays, you must demonstrate they were responsible. This can be done through:
- Police reports
- Dashcam footage
- Witness statements
- Photos of the accident scene
Without clear evidence, fault may be disputed.
3. What If the Other Driver Is Uninsured?
If the at-fault driver is uninsured or flees the scene (hit and run), you can make a claim through the Motor Insurers’ Bureau (MIB) in the UK. The MIB compensates victims of uninsured or untraced drivers.
4. Your Own Insurance May Pay Initially
In some cases, your insurance may cover costs temporarily under comprehensive coverage or legal protection insurance, especially if the other party’s liability is not yet confirmed. They may recover the costs later from the at-fault driver’s insurer.
5. What If You Have Third-Party Insurance Only?
With third-party insurance, you can’t claim for damage to your own car through your policy. However, if the other driver is at fault, you can still claim against their insurer for your damages and injuries.
6. Shared Fault Affects Who Pays
If both parties are partially at fault, the responsibility is split based on the percentage of fault. For example, if you’re found 25% responsible, you may receive 75% of your claim value.
7. Injuries and Medical Bills
If you’re injured, the at-fault driver’s insurance should cover:
- Ambulance and hospital costs
- Physiotherapy and rehab
- Medication
- Pain and suffering (general damages)
- Loss of income
Document your treatment to support your injury claim.
8. Time Limits to Make a Claim
You typically have three years from the date of the accident to make a personal injury or vehicle damage claim. It’s best to act quickly to avoid complications.
9. Legal Support Can Help
If the insurer refuses to pay or offers a low settlement, a personal injury solicitor can help negotiate on your behalf, often on a no win, no fee basis. Legal support increases the likelihood of fair compensation.
10. Avoid Admitting Fault at the Scene
Even if you feel responsible, avoid saying so at the scene. Fault is determined based on evidence and investigation. Admitting fault prematurely can affect your ability to claim later.
Frequently Asked Questions
Q1: What should I do immediately after someone crashes into me?
Check for injuries, call emergency services if needed, gather evidence, exchange details, and report the accident to your insurer.
Q2: Can I still claim if the other driver leaves the scene?
Yes. If they are untraced, you may be eligible for compensation through the Motor Insurers’ Bureau.
Q3: Will my premiums go up if it wasn’t my fault?
Not necessarily, but it depends on your insurer. Some providers increase premiums even for non-fault claims.
Q4: Can I claim for emotional distress?
Yes. If you’ve experienced anxiety, PTSD, or other psychological effects from the crash, this can be included in your injury claim.
Q5: How long does it take to get paid after an accident?
Simple claims may settle within weeks, while complex or disputed cases can take months or more.
Q6: Should I get a lawyer for a non-injury accident?
It’s not always necessary, but a lawyer can help if liability is unclear or if you’re not getting fair compensation.
Conclusion
If someone crashes into you, their insurance should pay—provided you can prove they were at fault. Document everything, seek medical help if injured, and consider legal advice to protect your rights and secure the compensation you deserve.
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