[Closed] Can you claim off your own insurance for running yourself over ?

Ouch - nasty.

This is the greatest thread ever.

Graham - I salute you.

Really? If so first and foremost hope the breaks are not too serious and you back on your bike ASAP.

Can you sue her?

Ouch! I'm sorry, but what on earth possesses someone to step in front of a rolling 2-ton weight?

Technically the car was under your control wasn't it? Don't think you have to be driving.

I think you have a case against her for damages due to emotional trauma.

Ouch 😯

[i] If so first and foremost hope the breaks are not too serious and you back on your bike ASAP. Can you sue her?[/i]

It was his girlfriend who broke her legs.

😀

Mantastic, I'm OK and so is my Land Rover.
She removed the chock and she's the one who got injured.

Muddydwarf, I work with vehicles all the time and I've done heavy off road recovery. It's second nature to me to think about what's going to happen if it rolls away, the winch rope breaks, the jack slips or whatever and keep out of the way.
Some people react instinctively without thinking about the consequences.

Mantastic, I'm OK and so is my Land Rover

Thank God. I was worried for a bit.

Ask that fella outta east 17?

Pee taking aside hope she heals well

Technically the car was under your control wasn't it?

But surely its like me trying to claim for my hammer falling on me or a circular saw im using cutting my hand off.

Basicly a non runner.

I left it in a safe position, she removed the chock.
Not that I'm trying to wriggle out of anything, I'm just wondering how the insurance company might see it.

Say it wasn't your gf though - some passing member of the public removed the chocks, I think the insurance co. would definitely say it was under your control.

project - Member
Basicly a non runner.

Is it really that clear cut, project ?
Isn't that what fully comp insurance is for ?
I know people often don't bother claiming. If you do £200 worth of damege reversing in to a post, they'll only add £50 on to your premium for 5 years to get it back, so it's not worth it.
What if you wrote your own car off though ? Most people would claim if it was thousands at stake.

Rogg, what if it was a 750kg trailer with no brakes ?
Or a HGV trailer where the brakes can easily be released from outside ?

Could she possibly claim off of her house insurance for an accident at home rather than the car insurance?

I'd say you've been negligent in not securing it properly and your girlfriend needs to claim off your insurance. But really, this sounds like a complicated situation with no obvious answer.

Rogg, what if it was a 750kg trailer with no brakes ?
Or a HGV trailer where the brakes can easily be released from outside ?

OK, maybe the random member of the public argument doesn't hold up - you'd have the argument they shouldn't be on your land, or were acting in a criminal way by messing about with an HGV trailer.
Say it was someone un-related to you though, on your land, with your permission. If they removed the chocks I still think the insurance would be looking at you as the person who had control of the car. So it then seems logical that the same should apply now.
Also,the insurance is as much yours as it is hers if you're a named driver.

Apparently you should have nailed the chock to the floor says horatio

Not to point out the obvious but did she not think whys this chock here what could it be doing .

she wont do that again

Get well soon

Maybe she thought it was toblerone-on-a-rope?

She has caused the injury so no. The cause of the injury was the removal of the chock, not the absence of a handbrake.

Phone a few 'free advice' solicitors and see what answer you'll get.

ask the bloke out of e17?
http://www.shadyoldlady.com/location.php?loc=1179

You can only make a claim against a negligent party, if you remove re chocks on private driveway then pass into path of the rolling vehicle then you will be found to be negligent and cannot claim
against yourself

I do hope she heals quickly, poor girl has learnt a painful lesson about kinetic energy 🙁
MTG - i work in a toolroom, and there are often 10+ ton tools being craned about the shop, you learn very quickly about where to stand when these things are moving around.

Have you checked to see if she has taken out a life insurance policy on you??

Interesting point about negligence, scud.
Aren't most accidents caused by negligence of some kind though ?

She left the car in gear with the handbrake on, I left it chocked.
She thought I just had the chock there as an extra safety measure. It was lack of communication rather than negligence that made her think it was safe to remove it

What exactly are you claiming for?

MidlandTrailquestsGraham - Member

She left the car in gear with the handbrake on, I left it chocked.
She thought I just had the chock there as an extra safety measure. It was lack of communication rather than negligence that made her think it was safe to remove it

negligence in a legal sense. Her 'thinking' you had the chock there as an additional safety measure is irrelevant. She failed to ensure that her action of removing the chock would not result in an unfavourable situation, whether involving personal injury or otherwise.

piedi di formaggio - Member

What exactly are you claiming for?

general damages for 2 broken legs and possibly any other losses that flow from that (eg. loss of earnings, care, special damages)

Hope the Misses recovers quick, sounds nasty.

negligence in a legal sense. Her 'thinking' you had the chock there as an additional safety measure is irrelevant. She failed to ensure that her action of removing the chock would not result in an unfavourable situation, whether involving personal injury or otherwise.

I have an idea - ask your insurance company...

What is she claiming for? What loss has she sustained?
Arguably she took control of the car in removing the chock.

She can claim on fully comp policy?

[i]I have an idea - ask your insurance company...[/i]

Haha...worst idea ever! You need to ask someone independent, so you can get your story straight about who did what!

Its similar to a situation I've heard...an employee reversed his company vehicle onto his drive, and crashed into his own car. Company (self-insured) refused to pay out.

There is that but I assumed the OP isn't trying to defraud his insurance company.

Assuming you have fully comp insurance, there are two possibilities:

1. She claims for personal accident. AFAIK, liability is irrelevant, fact is that she was hurt due to an accident involving a car and so can claim some money from her OWN insurance. The amounts are never huge, probably a few hundred quid. The idea is that this will pay for immediate bills.

2. She makes a claim against YOUR insurance, on the basis that you caused the accident, and therefore you are liable for the costs of returning her to as close as possible to the state she was in before. This would cover the cost of all the best medical care, loss of earnings, etc. Lots of money. The tricky thing is that you would need to show that (a) the accident happened due to your own negligence, (b) your motor insurance policy covers you while you are doing some repairs on the car rather than driving it. Both of these I suspect would be tricky.

I think your best bet is to check third party liability insurance included with your home insurance.

To get anything other than a fixed benefits claim, she will need to reach the position where you are legally liable for the injury that she has sustained, and in this case I cant imagine that any of your insurance providers will be keen to concede that.

What it boils down to is that insurance covers you against the legal liability to pay damages to another party. It is impossible to be legally liable to pay yourself damages.

Don't worry you will both be getting a text message soon....

Our records indicate you may be entitled to 3750 pounds for you Accident. To claim for free, reply with YES to this msg. To opt out text STOP

Ladies love chocs, get well soon

This sure beats my mum cutting my dads fingers off with a meat cleaver ( razor sharp as my dad was a butcher at the time ) will be a story to tell the nieces and nephews in years to come once everyone is healed up the time i broke auntie mrs mtgs legs !

And one good thing has come of this thread mtg - ive just educated my mrs in - if a vehicles chocked /on stands / on a jack and im not about - leave it alone , find me or phone me before touching it ! Like you and muddy dwarf work for me involves knowing how to move heavy loads about for heri its teaching kids - dynamics of big loads are not always obvious !

I hope she makes a quick recovery and she doesn't try for a Darwin award again.

Fueled - Member

What it boils down to is that insurance covers you against the legal liability to pay damages to another party. It is impossible to be legally liable to pay yourself damages.

If you are fully comp and have an collision that is your own fault and get injured yo will still get compensation for those injuries

Neither of you were driving the car, and the car wasn't in a condition to be driven, so perhaps rather than just your respective car insurances I'd look at all your insurance policies, as although the accident involved a car, it could just as easily have been your grand piano that had rolled away and trapped her against your radiogram, it was wasn't a motoring incident - if the accident happened at home is there something in your household policy that covers liabilities to others, for instance.

Kinell, that's awful.

What it boils down to is that insurance covers you against the legal liability to pay damages to another party. It is impossible to be legally liable to pay yourself damages.

Like you and muddy dwarf work for me involves knowing how to move heavy loads about for heri its teaching kids - dynamics of big loads are not always obvious !

Have you seen how fat kids are these days? And how they react when you try to take their chocs away?

depends on the policy wording - she will not be able to claim under the liabilities under her own policy as the liabilities are there for protection of third parties - she is not a third party.

If there is any personal accident benefit under the policy she may well be abel to claim under this for loss of use of limbs etc, although the payments arent likely to be very big and legally are not entitled to be paid until she is well again and full injury/recovery can be assessed, although you can ask for interim payments.

If you have liability insurance as a car mechanic she could be prob claim under this as it could be argued you were negligent in not telling her not to remove the choc, but Im assuming you don't or you wouldnt be here asking.

Can she claim under your car insurance - From a legal standpoint no, as the vehicle contributed to but didnt cause the accident, wasn't being driven at the time and was not catalyst that started the chain of events. However Ive seen some ridiculous claims made on car policies including someone falling out of a mobility scooter after 'driving' down a steep kerb because an ammbulance attending to someone had to park opposite a drop kerb.

Whatever you do do not go to a 'have you had an accident in the past three years' company they will sue you personally for as much as they can and give her very little (eg you get sued for £10,000, she'll get at most £2,500 the company will get at least £6k and the rest will go on court costs and 'fees'.

Dear STW

I ran my girlfriend over is there any way I can make some money too

Love

MTQG

Sorry didn't catch that ...weren't YOU driving the car? That would make things simpler.

Like you and muddy dwarf, work for me involves knowing how to move heavy loads about - dynamics of big loads are not always obvious !

Off at a tangent... I once saw somebody try and stop a rolling reel of paper with a mass of approx. 500kg by sticking his leg in front of it. It didn't work.

Back on topic... Get well soon Mrs MTQG.

Boxing Helena?

If you leave out the maintenance part of the story, then she didn't secure her own car with the handbrake (which then lead to the injuries).

I don't mean don't tell the ins co the full facts (fraud is a criminal offence), but this is the crux of how she came to be injured.

Hmmm a difficult one. Her car injured her. However she wasn't driving at the time.

Let us know how you get on but they may say they would only pay for any damage to the car as the keeper was negligent. Look through the T&C's first but it may say something along the lines or reasonable care etc.

ourmaninthenorth - Member

If you leave out the maintenance part of the story, then she didn't secure her own car with the handbrake (which then lead to the injuries).

I don't mean don't tell the ins co the full facts (fraud is a criminal offence), but this is the crux of how she came to be injured.

This ^

But the crux of it is who parked the car. If MTQG parked the car before it rolled back AND he is covered 3rd party for driving other vehicles on his insurance, then that's where I'd be directing efforts.

Reminds me of a question I was discussing last week. Long night drive with my Dad and my brother a few years ago. Empty roads, cruise control on at 85pmh. Dad asks bro to tak the wheel for a sec while he rubs his eyes, takes a moment etc. then falls asleep. Roads are empty, bro figures Dad could probably do with resting his eyes for a minute or two. Ends up being more like 15!

Who's the driver?

Please tell me this is a joke? If not, quality story!!! Oh, and get well soon.....

You're describing third party insurance. Comprehensive insurance covers both the liability to compensate others for your negligence AND your own loss. A person claiming for their own losses on their comprehensive policy doesn't have an obligation to pay themselves (which, you're right, would be absurd) but the insurance company does have an obligation to pay them (if it's a valid claim).

If you are fully comp and have an collision that is your own fault and get injured yo will still get compensation for those injuries

For example, If you cause an accident, Admiral pays you a maximum of £5k as a personal accident claim for total permanent disability - not much comfort if you can't work any more and need a full time carer for the rest of your life. If someone else had caused that accident, they (and therefore their insurers) are liable to pay whatever it takes to get you as close to your previous position as possible. Your claim could be £millions since they will be liable for loss of earnings, cost of carers, cost of buying you a new house with disabled access etc.

The amount at stake when determining liability for serious road accidents is terrifying.

Claiming against yourself on you insurance - just not a good idea. There's only one type of insurance for that - national insurance.

Find out how much your excess is - and gamble it on a horse. Under no account speak to your insurers, ever.

For example, If you cause an accident, Admiral pays you a maximum of £5k as a personal accident claim for total permanent disability - not much comfort if you can't work any more and need a full time carer for the rest of your life. If someone else had caused that accident, they (and therefore their insurers) are liable to pay whatever it takes to get you as close to your previous position as possible. Your claim could be £millions since they will be liable for loss of earnings, cost of carers, cost of buying you a new house with disabled access etc.

Wow thats worth bearing in mind. So if you lose control on a motorway, on a spirited drive on a B road (most men below a certain age) and the Police report that speed, driving to conditions may have been a factor then you could be facing a very poor/health future due to self-negligence..

Hmmm a difficult one. Her car injured her. However she wasn't driving at the time.

Kinda similar, @ my last job interview, my car rolled into another in the car park (I can't explain it, I'd sat in it for 10 minute pre the interview, and the handbrake was on when we inspected it), but the insurance paid out... is that not the same? (no driver)
(BTW I got the job due to the way I handled the situation)

z1ppy someone parking bumped it? OR is/was it an electronic handbrake?

Nope, 306 with std cable handbrake, and a raised level behind my parking space. I really can't explain it, as I lived on a hill, so the handbrake worked.
I did hold for the 5 years I worked there, that the whole logistic's office staff ran out and pushed it into the other car.
Lady wouldn't park near my car afterwards...

Like I say it got me the job though... I'm not complaining.

TandemJeremy - Member

If you are fully comp and have an collision that is your own fault and get injured yo will still get compensation for those injuries

So why do they offer to tag "personal injury insurance" onto the policy for £50? Or is that just giving you the ability to claim for the ongoing costs (i.e. potentially millions) rather than small limits.

I'm going to have to look around to see if I can insure for my own stupidity although I have a feeling I won't be able to afford the premiums.

So many replies, so little hope.
I guess we'll have to check the small print on her car and house insurance then, although it's looking highly unlikely that she'll get anywhere near the sort of payment that she would if someone else had caused the injuries.

What exactly would the claim be for? It's not medical expenses, and both cars are fine. Perhaps some no win no fee money would be good to spend on general studies (don't step in front of moving vehicles) would be nice though.

although it's looking highly unlikely that she'll get anywhere near the sort of payment that she would if someone else had caused the injuries.

Surely this is exactly the point? Why on earth would she be entitled to any amount of money when it was her fault and hers alone?