The driver only has 3rd party car insurance and was just wondering if her car insurance would pay out to passenger or would she have to pay out herself if claim goes through?
That's what third party insurance is for. The passenger would be considered the third party and can sue the driver of the vehicle in which she was travelling. If there is negligence on the part of the driver and damages as a result then there could be a valid claim.
xxR
That is the idea of third party insurance, it means that they will pay out anything against the policyholder but not TO the policyholder if it is their fault, fully comprehensive is needed for that.
Yes, the claim wuould be against the insurnace company, not the driver.
Yes - the passenger is a third party.
Here is more information to help you.
The insurance policy is evidence of a contract between two parties. The first party is the insurance company and the second party is the driver. Anyone else is a 'third party' i.e. not involved in the agreement between the driver and the insurer, and the insurance policy agrees that the insurer will indemnify (i.e. pay the losses incurred by) the driver against all losses the driver may incur due to a claim by a third party.
Now the passenger cannot sue the insurance company as there is no contract between her and the insurer. All she can do is sue the driver. The driver then asks the insurer to indemnify them against the claim. At this stage the insurer takes over the negotiations to come to an agreement with the passenger.
It will be best if the driver responds to any question by saying "I have advised my insurance company and they will deal with it" - this does not admit liability (which would be in breach of policy conditions and could result in the insurance company refusing to deal with the claim). The driver I assume has already advised their insurance company. If they receive any further communication they should forward it (unanswered) to their insurers.
YES IT WILL
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