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Third Party reverse into my parked car, accepted liability but...

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  • Third Party reverse into my parked car, accepted liability but...

    Hi Folks, need advice on car accident.
    basically, in Oct 2017, my car was parked in school parking, another gentleman reversed into my car on front left side bumper. he accepted his fault, I taken photos, exchanged insurance details.I passed on those details to my insurance and my insurance started pursuing claims against fault driver. Insurance company contacted fault driver and his insurance and they accepted it was their driver's fault. all was well, my car was repaired etc. so I thought all is over.
    But out of blue, in july 2018, my insurance contacted me and told that the fault driver is not responding to our calls and they are pursuing the matter in court to recover the repairs costs and has forwarded file to legal team/ solicitors to bring matter to court.
    then in August, I was told my case has been forwarded to bla bla solicitors firm and they will pursue the case further and will be in contact with me.

    I am not sure where it gona end. If repairs costs are not recoverable from fault driver or fault driver's insurance, that mean I ll be out of pocket and lost my NCB?
    Anyone can help what happens in these cases pls?
    Thanks in advance
    Tags: None

  • #2
    If your insurers were in correspondence with the third party insurers (who have accepted liability) I cannot understand why they should now be trying to contact the third party himself.
    If they are initiating court action against the third party, they should also be naming his insurance company.
    If third party & his insurers have already admitted liability I wonder why they aren't paying up. Don't fancy their chances in court.

    There must be some information missing from this account. .

    Whether or not you lose some or all of your NCB we can't say without knowing what your policy states, how many years NCB you have & whether or not you have protected NCB

    Comment


    • #3
      Thanks for your reply DES8.
      I have 5+ NCB, no NCB protection.

      the incident was reported to my insurance and fault driver's insurance and his insurance checked & agreed their driver admit his fault and my insurance started the claim.
      I got email from my insurance in Oct with claim ref, stating they are claiming from other party insurance and my NCB wont be affected etc.
      Since Oct I heard nothing anything from anyone on anything. my car was repaired etc. I thought it's all finished.
      But then in July,I got email from my insurance with this:
      "We have been in contact with the insurer of the other party involved in the incident, to try to recover the cost of your claim.
      As we have been unsuccessful so far, we are now considering taking legal action. If we decide to do so we will meet the legal costs involved in this claim. To succeed, we will need your help. It is possible that you may have to attend Court to give your account of the incident, although this is unlikely. Please note that under the terms of your policy you are required to provide any necessary information and help we need. The location of the Court would depend on your case, details of which would be confirmed by the solicitor. The case would be heard in front of a judge who would listen to the evidence and award a judgment in favour of you or the other party. The solicitor will let you know if you do have to attend."
      ............

      but now I received the documents from solicitors which states they are suing the driver, no mention of other party's insurer, so its worrying me...
      I ll be calling my insurance first thing in morning..

      Comment


      • #4
        Now all is clear!1
        stop worrying.
        You obviously have comprehensive insurance, so your car is repaired at no cost to you (save for the excess) and as it was a non fault claimit possibly wouldn't affect your NCB anyway (but that does vary insurer to insurer)
        Your insurers are now trying to recover their costs and the way they have to do that is to sue the other driver, and will possibly name the other insurers as co defendant. It is the driver who caused the accident who is sued.
        under the terms of your policy you will be required to assist if necessary.
        This is all straightforward and normal.

        When talking to your insurers ask them to include your excess in the claim

        Comment


        • #5
          Originally posted by des8 View Post
          Now all is clear!1
          stop worrying.
          You obviously have comprehensive insurance, so your car is repaired at no cost to you (save for the excess) and as it was a non fault claimit possibly wouldn't affect your NCB anyway (but that does vary insurer to insurer)
          Your insurers are now trying to recover their costs and the way they have to do that is to sue the other driver, and will possibly name the other insurers as co defendant. It is the driver who caused the accident who is sued.
          under the terms of your policy you will be required to assist if necessary.
          This is all straightforward and normal.

          When talking to your insurers ask them to include your excess in the claim
          Thanks Des8,
          I talked to my insurer and found out, the other party's insurer has paid most of the repairs, hire cars costs except child car seat which is about £80. when I reported accident to my insurer, as the child car seat was present in the car at time of crash, and it was their policy of replacing child car seat by default any car involved in any kind of accident regardless of damage.
          I was asked to send photos of child car seat and I was paid money for equivalent model of the car seat.
          so now it turns out the for child car seat, the matter is going to court! that sounds silly to me... solicitors fees, court time and if I have to attend court, I ll miss my work hours costs few hundred quid.

          Comment


          • #6
            If you have to attend court you can claim travel expenses and loss of earnings (upto £95 per day I think).
            Just let your solicitor know prior to the hearing you are claiming

            Can't believe this is over £80.
            If it actually reaches court both sides will be out of pocket due to costs implications!

            Comment

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