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Two vehicles are involved in a motor accident. 

Insured 1 was reversing their vehicle and hit a parked and unoccupied vehicle belonging to Insured 2. Both vehicle owners have fully comprehensive insurance with their respective insurers.

Insured 1 is clearly at fault and makes a claim with their insurer (section 2 motor liability claim). The insurer for Insured 1 asks that Insured 2 makes their own claim with their own insurance company so the two respective insurers can deal with one another.

The amount of damage to Insured's 2 vehicle is only a few hundred dollars and they refuse to make a claim under their own insurance policy. They want to directly pursue recovery of the repair invoice off the insurer for Insured 1.

Can the insurer for Insured 1 insist that Insured 2 claims under their own policy, or are they still obligated to settle the invoice for Insured 2 regardless of whether he claims with his own insurer or not?


Crossley Gates replies...

The answer is no. Insurer 1 cannot make the owner of the other vehicle claim on his/her insurance. That is a matter that rests with the owner.

March 2024

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