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Who does the contract exist with when a broker is used?

Ddesperatedan13y ago
Hello,

Say I pay a car insurance broker for some car insurance. Does my contract exist with the car insurance broker or with the car insurer? Who would I sue if the service was not provided (e.g. a payout on a crash was not paid)?

Thank you,

Dan
MikeLittleMikeLittleTutor13y ago#1
The broker is acting as the agent of the insurer and therefore any contract entered onto by the broker is binding on the insurance company.

In the event of non-payment for a car crash ( which wasn't your fault ) then you would sue the insurance company.

Hope that helps but I also hope that you don't have the car crash in the first place!
Ddesperatedan13y ago#2
Thank you Mike!

Sorry please may I ask 2 more questions?

1. Can I pay the money to the broker and they pay the insurance company on my behalf? (but still keeping the contract between me and the insurance company?). Or must I pay the insurance company directly?

2. Is it correct to say that if Company A (previously the broker) subcontracts the work to the insurance company then my contract would then be with Company A and I would have to sue Company A? (And then Company A would would sue the subcontracter in turn)

Many thanks,

Dan

p.s. don't don't worry, this is a hypothetical car crash! :)
MikeLittleMikeLittleTutor13y ago#3
1. Pay the broker! They will deduct their commission and pay the net figure to the insurance company

2. Why would the broker subcontract the work to an insurance company? I can't get beyond that! I'm really sorry - but your hypothetical broker sub-contracting to the likes of Scottish Widows just makes no sense at all

:(
Ddesperatedan13y ago#4
Quote:
Why would the broker subcontract the work to an insurance company? I can’t get beyond that! I’m really sorry – but your hypothetical broker sub-contracting to the likes of Scottish Widows just makes no sense at all

OK I'll try this again with a different situation. I have a contract with a builder to build my extension. He then subcontracts the building of a wall to a bricklayer. The wall is of such bad quality that it's dangerous and I have to pay another bricklayer imediately to fix it.

Is it correct that I would have to sue the builder for compensation? (and whether or not the builder wants to sue the bricklayer in turn is irrelevant to me?)

Thanks,

Dan
MikeLittleMikeLittleTutor13y ago#5
Correct - you would sue the builder. He, in turn, may choose to sue the bricklayer, but that's his choice
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