UK Car Insurance Claims
Information - Conduct of the Claims Process
Car Insurance Claims in the
UK - Introduction & Index
An Introduction to Car Insurance claims
and the claiming process
Conduct of Parties during Car Insurance
Claims
The general conduct of claims is usually covered by the following
clauses and conditions of a standard policy which sets out
the rules of conduct expected by all parties under the policy:
Own Repairs
The clause of the comprehensive policy granting the policyholder
the right to instruct repairers to proceed with the repairs
subject to immediate notification being sent to the insurers
with a detailed estimate.
Notification
The policy holder has to give immediate notifications of all
accidents likely to give rise to a claim and to forward all
notifications of claims made upon him and notices of police
court proceedings and any other legal proceedings such as
inquests.
N.B. Notification of an accident does not mean that the policyholder
is making a claim or that the Car insurer is accepting liability
under the policy
Subrogation.
The policyholder must not handle any claims made against him.
The insurers are given the right to conduct the negotiations
in his name and if necessary to exercise his rights in his
name against other parties in diminution of their eventual
loss. The policyholder is bound to help the insurers in all
their enquiries. It normally pays the insurers to remind the
insured of his obligations in this regard whenever an accident
is notified, rather than to say nothing and hope that the
insured has read his policy carefully (which few do). Thus,
the insurers will normally ask the insured when they acknowledge
the accident report, to ensure that all communications relating
to the claim received from third parties or their insurers
are passed on unanswered. The insurer will have the expertise
and experience required to deal with the matter and even the
simplest forms of acknowledgement from the insured to a third
party (e.g., ‘I have asked my insurers to deal with
the matter’) may prejudice the insurers.
Arbitration.
In the event of a dispute under the policy between the policyholder
and the insurers as to the amount to be paid under the policy,
such dispute may be referred to arbitration. Any other disputes
are now no longer dealt with by arbitration. If there is a
dispute over liability under the policy, for example, this
would have to be resolved by the courts rather than by arbitration.