AIBU to think I'm being fobbed off by insurance co?

[FobbedOffOrNot]

I have put this here for traffic, but may be more appropriate for Legal.

6 weeks ago I was in a car accident. The other person caused it, and they were arrested for being DUI. It is not their first offence of this kind. I was injured, car written off and I was taken to A&E in an ambulance and spent 10 hours there. My Christmas and December was ruined, all things cancelled, I've had to pull out of things I have paid for, with no refund, and more.

I hurt my neck and arm at the scene. I have worn a splint for 6 weeks and continue to wear it. I was off work for 3 weeks, had massive anxiety and couldn't get in a car until last week. I've had hospital visits and continue to do so.

My insurance company have been very quick to sort out my car. However, when it comes to ME, they don't seem to want to know. According to them I have no right to claim anything against this persons insurance (who has accepted full responsibility for the accident), because I do not have a life altering injury. My arm will take 9 months to fully heal (not broken but nerve, tendon and muscle damage), and I'm back at work now.

When I speak to other people, they tell me that they have received compensation for much less. When I have brought it up with my insurance co. they have said it is not the responsibility of the company who the other driver was working for, and I won't get anything.

Does this sound right to you? This accident and the way it happened, an d the aftermath of it, have not only physically injured me to this day, and for the next 7 months and affected the things I can do, but also had a major effect on my confidence and anxiety. I feel like the victim of a crime because the person had knowingly got into a car, under the influence.

I feel like the insurance just want a quick turnover. I feel fobbed off and like as if I am putting on my injuries to scam someone.

Anyone else have experience of car accidents and claims, or legal advice?

Is it because he was DUI and therefore no insurance in place.
so you’d have to sue the person not the company and he’s not worth it?

Likely what PP has said. Might be worth finding out about criminal injuries compensation board and whether you're able to claim anything through that route.

He had no license, and already had a DUI offence. He is insured because he was working on behalf of a company at the time. The companies insurance will pay out. According to my solicitor (Insurance co.s appointed solicitors) the company is not responsible for their drivers behaviour.

I think you have been told the truth. CICB is worth a try but don’t expect much if anything fir your emotional injuries

Is this because you don't have Legal Expenses Cover with your car insurance? We were just looking into whether it's worth having this when doing our car renewal, and I think this is exactly what it covers. Some fully comp policies have it as standard (maybe fewer than in the past?) and some offer it as an add on.

Contact the MIB (motor insurance bureau). Motor insurance companies pay fees to finance this and they can help you if you're hit by a driver with no insurance.

The way car and injury claims are handled are slightly differently.

Your policy covers your car, so your insurer can write it off, pay you and then look into recovering costs.
When a driver is DUI and with no licence, the insurer of the vehicle that hit you may reimburse your insurer then pursue the driver for their money.
This is because the loss shouldn't be yours (innocent third party).

However, your insurance policy doesn't cover injury to you (unless you bought an ancillary product, but they usually have pretty strict qualifying criteria such as loss of limb, which you wouldn't meet).
You can't claim against yourself (your policy) for your injury.

Usually you'd be able to claim from the other drivers insurance however, his policy isn't going to cover him because that policy will have exclusions for drivers who don't have the correct license and who are under the influence.

It's an awful situation to be in but I wouldn't expect the same amount of compensation other people have had - they've likely been paid by an insurance company who wanted to settle the claim quickly. This isn't the case for you.

Also, protocols and caps on compensation for some injuries have changed in recent years so what you're entitled to will be different.

Pull together any evidence of your losses (events cancelled, loss of earnings etc) and approach MIB. They can advise you.

You need one of those "if you have been involved in an accident which was not your fault" companies.

Legal expenses cover covers the costs of legal advice