Insured Losses

The rules on insured losses are very simple, but often confused.  Put simply, where somebody causes you to suffer a loss which you have insured yourself against you are entitled to compensation from them irrespective of the fact that you are insured against that loss.  It is a recognised exception to the rule against double recovery for a loss.  What is essential is that you pay the cost of the insurance, rather than someone such as your employer.

The result is that you can be paid twice for the same loss.  This is because you have paid the premiums, you cannot seek to recover these from the other side and they are not entitled to the benefit as a result.  If the insurance is paid for by someone else, such as your employer, you cannot benefit from this exception.

A large amount of purchases nowadays are covered by insurance on your credit card.  It is not normally a solicitors' job in an accident claim to advise you to claim any insured losses on your insurance.  You need to be aware that where you have insurance you should claim on this also.

Some insurance policies require you to repay the insurance company if you recover the cost from the other side.  Standard examples are insurance on your vehicle and medical insurance.  In these instances if you fail to claim the loss as part of your damages and pay it to them they will sue you.

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