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  1. #1

    Default Liability for settling an insurance claim

    Just stumbled across an interesting discussion about:
    A car drove into a garage without opening the garage door - who has to settle an insurance claim?

    I was thinking the car driver’s insurer (his liability), but the majority expected the claim to be settled by the homeowner’s house insurance.
    What would you think who pays - the wrongdoer’s or claimant’s insurance?

  2. #2
    Join Date
    Apr 2004


    You claim on your insurance. Then the insurance companies can go argue between themselves or chase the other party if not insured. You will have great fun getting your excess re-paid by the other party.
    The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

  3. #3
    Join Date
    Sep 2011


    if the other party is at fault you wont have to pay your excess

  4. #4
    Join Date
    Oct 2015


    on that note here's one for you which leaves me bewildered:

    LTD company A owns the property which is insured. Said company employs contractor B to do the work who subcontracts it to another company C. Worker from company C damages the neighbour's garage. Neighbour plays dumb and instead of talking to A, B or C goes to his insurance company who gets damage fixed. Director of A passes details of C to neighbour. C tells neighbour to f himself and refuses to pay. Guess what does neighbour? He applies to Disputes Tribunal to get director of A to pay his excess.
    So is there any logic and legal grounds here which I'm too stupid to understand?
    For me it's like - my car is broken, I take it to repair shop which upon completion of repairs sends it to groomers. One of the groomer's staff takes it for a ride and kills someone. Police comes to my house and I go to prison sounds totally logical isn't it?

  5. #5


    Thanks for taking time broadening my mind.
    The Third Party Car Insurance is about damage to someone else's car or property. It’s logical to me talking directly to the wrongdoer (his insurance) and by a refusal to the disputes court rather than to the victim’s insurer. Otherwise how can you keep control over the situation?

    By using the homeowner’s insurer the claimant is bound by the house insurance policy, excess and premium payments by loosing the no claim bonus.

    Looking at using the landlord insurance – it gets even worse. The insurer would apply the RTA liability restrictions of maximum 4 weeks rent or less by splitting the claim in multiple excess payments.

    Well, who is getting a fair deal?


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