knock for knock Flashcards
what is claim settling agreements
internal (or ‘market’0 agreements between insurers that are designed to minimise such conflicts
- generally take the form of agreements between insurers to settle or share certain claims
Knock for knock…
simplify and …
expedite the claim process particularly in cases where the fault may be difficult to establish
example of when knock for knock can be used?
if two drivers collide at an intersection, each drivers insurer would pay for the damage to their own policyholders vehicle rather than one insurer paying for both.
if A refuses to make a claim on under his policy and insists on pursuing a third party claim against B which insurers are likely to settle what happens
B’s insurers will be able to recover from A’s insurer the amount that A would have been able to claim under his own policy, so that the ultimate financial position remains the same.
knock for knock agreements operate only in respect of claims damage to vehicles
injury during collison any entitlement to compensation will still depend on being able to establish fault
distortions can arise as a result of imbalances between the motor portfolios of different insurers
An insurer with a relatively high proportion of comprehensive policy - policy that provide full compensation will fare less well than most other insurers and a company with relatively high proportion of third party insurances will fare better.
third part sharing
will often apply when a third party such as passenger or pedestrian is injured in a collision between two vehicles insured by different companies
purpose of third party sharing
the objective is to avoid dispute between the insurers as to the relative blameworthiness of their clients.
A ceiling applies to which type of claim agreements
third party sharing
A ceiling amount in the UK how much at this present time
£25,000
What happens when the claim is larger than the ceiling
the insurers are not bound by sharing agreement. each insurer is then liable for a contribution corresponding to the degree of blame attaching to its insured client
third party sharing - if the whole blame rest with one driver what happens?
the driver will be liable for the full loss and the other pays nothing =