Motor insurance claim, now in 8th month, banging my head against a brick wall.

[rubydoo]

Hello everyone , i have just joined this forum to ask advice, as my insurers just havent got any idea what they are doing. Basic out line of whats happened. OCTOBER 2012, my son borrowed my car for one day to take his 2yr old daughter to nursery then to go to work (qualifies as 3rd party on his insurance) was hit by young lad pulling out of a junction in his fully kitted vw polo, £1200 worth of damage to my car. My son has sent statement, diagrams ,photos of road,of junction, photos of damage to both cars , to claim off this lads insurance. Third party sent to his insurers a statement , no other evidence, no diagrams no photos, nothing . He claims he wasnt at fault , but isnt putting in a claim to my sons insurer for damage to his car. My sons insurers say with all the evidence etc looked at, its a clear cut case of non fault, third party insurers say , their client says it wasnt his fault. This has been going on for 8 months, after 90 days i think my sons insurers can start legal proceedings, by sending out the first of 2 letters before action. The date for this was early January 2013, since then we have rang the insurers 8 times to ask if they are starting legal action, we keep getting the same answer from them , we are waiting for a reply from the third party insurers. We have spoken to 21 different people , 3 or 4 of them more than once, they say they will ring us to tell us whats happening, never had any call back from them. TODAY i rang them myself ,for an update of whats happening , and have they started any legal action yet . Their reply , we are waiting to hear from the third party insurers. aaaarrrrhhhhh, talk about banging your head against a brick wall.
PLEASE , can anyone on this forum give me any advice what i can do to sort this, or even get our insurers to do something positive. We are thinking of taking court action against the third part insurers , then taking legal action against my sons insurers for doing nothing. PLEASE ANY ADVICE. thank you, Ruby.

[wales01man]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

As i understand this the insurers are declaring this a no fault so each drivers insurance pays for their damage,as your son had only third party cover his company will not pay out for your car,from experience i can say your son will have to sue the otherside i dont know if he has any legal expences cover so might have to take on the case himself.

[rubydoo]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

As i understand this the insurers are declaring this a no fault so each drivers insurance pays for their damage,as your son had only third party cover his company will not pay out for your car,from experience i can say your son will have to sue the otherside i dont know if he has any legal expences cover so might have to take on the case himself.

Sons insurers ARE claiming that the TP is definately at fault ,on all the evidence that has been submitted. But TPI wont pay out because TP only SAYS he is not at fault, supplying no evidence whatsoever. We feel that sons insurers are dragging their feet and doing very little to resolve this even though they say hes not at fault . Should we wait for them to sort this , OR should we go ahead and begin legal action against TPI ourselves. thank you . Ruby.

[TUTTSI]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

Your sons insurers will not be interested in taking action against the other party because they have no interest in your sons claim as he is only insured third party fire and theft. So yes your son should take action directly against the other party for the damage to the vehicle if he does not have legal insurance cover. Sometimes it is included within the policy or may have been an add on so he needs to check his policy. If he has Legal Insurance cover he needs them to immediately take action.

In the meantime your son should write by special delivery to the other party advising him that unless he settles in full in next 14 days and he should include an estimate for the repairs, he will be taking this legal and any costs in this action will be added.

[rubydoo]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

Your sons insurers will not be interested in taking action against the other party because they have no interest in your sons claim as he is only insured third party fire and theft. So yes your son should take action directly against the other party for the damage to the vehicle if he does not have legal insurance cover. Sometimes it is included within the policy or may have been an add on so he needs to check his policy. If he has Legal Insurance cover he needs them to immediately take action.

In the meantime your son should write by special delivery to the other party advising him that unless he settles in full in next 14 days and he should include an estimate for the repairs, he will be taking this legal and any costs in this action will be added.

Thank you so much for this advice, i will ask my son about the legal insurance cover, we have mentioned this but he thinks that although his policy was fully comp , any legal insurance cover would not apply as he was only covered as TPF&T on my car, maybe he should enquire. The other party, would not give us his address, only name, insurer and mobile number . However work collegues know of him , he is a boy racer , and local drug addict who keeps changing his address. Could we take his insurers to court ,as a claim has been put in to them,or would it have to be the other party himself we take action against, which could prove a bit tricky tracing his address. Thankyou again for your advice, its much appreciated, Ruby.

[TUTTSI]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

I do not believe that you could issue a claim direct to his insurers because if he has not reported the accident then they will not entertain this. Also, it would be a good idea if through the friends someone could find out his address.

Your best bet would be to check if he does have the legal insurance cover and the fact he has comp cover on his own car it is more than likely that it would cover him on TPFT on your car. Legal insurance cover they will still have to go after the other party but they will probably have ways and means to trace him.

Thank you so much for this advice, i will ask my son about the legal insurance cover, we have mentioned this but he thinks that although his policy was fully comp , any legal insurance cover would not apply as he was only covered as TPF&T on my car, maybe he should enquire. The other party, would not give us his address, only name, insurer and mobile number . However work collegues know of him , he is a boy racer , and local drug addict who keeps changing his address. Could we take his insurers to court ,as a claim has been put in to them,or would it have to be the other party himself we take action against, which could prove a bit tricky tracing his address. Thankyou again for your advice, its much appreciated, Ruby.

[rubydoo]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

I do not believe that you could issue a claim direct to his insurers because if he has not reported the accident then they will not entertain this. Also, it would be a good idea if through the friends someone could find out his address.

Your best bet would be to check if he does have the legal insurance cover and the fact he has comp cover on his own car it is more than likely that it would cover him on TPFT on your car. Legal insurance cover they will still have to go after the other party but they will probably have ways and means to trace him.

Hi Tuttsi, the TP HAS reported this incident to his insurers, a single statement to say he was not at fault (?? pulled out of a junction ) ,even though its full of lies discrepencies and contradiction. This statement was "received 26th october" by his insurance company , but for months they continually told my sons insurers that they had not received anything from their client, 26th oct was just over two weeks after the accident. Even though the TP pleads his innocence , he has NOT made a claim through my sons insurers to get his car reapaired, very odd i thought. I was always under the impression that the two insurers looked at all the evidence before them then decide or argue who is at fault .DOES the fact that he has contacted his insurance about the accident make a difference who to take legal acion against ?? thankyou again for your advice. very grateful .Ruby

[TUTTSI]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

He does not have to report this to his insurers unless he wishes to claim for his damages and if he was at fault to pay the the other party. But the fact your son never got his address or even where he now resides. The fact is he did not give his address which makes it difficult to serve him with court documents. Your son does I believe have his phone number can he not call him to get his address details?

You could in this instance send a letter to his insurers for them to send it on to their insured along the lines that you hold him totally responsible for the accident and send him the estimate for the cost of repairs. Other than that you could report this at the police station I am not sure if they will divulge the address of the driver but that is worth a try.

There is also the Motor Insurance Bureau http://www.google.co.uk/url?sa=t&rct...46226182,d.d2k take a look on their web site to see if they can help in any way in helping you to locate the address of the driver.

Did your son check to see if he is covered for Legal Insurance cover as i believe that this is crucial for you to get some action in your recovery of this costly repair?

Hi Tuttsi, the TP HAS reported this incident to his insurers, a single statement to say he was not at fault (?? pulled out of a junction ) ,even though its full of lies discrepencies and contradiction. This statement was "received 26th october" by his insurance company , but for months they continually told my sons insurers that they had not received anything from their client, 26th oct was just over two weeks after the accident. Even though the TP pleads his innocence , he has NOT made a claim through my sons insurers to get his car reapaired, very odd i thought. I was always under the impression that the two insurers looked at all the evidence before them then decide or argue who is at fault .DOES the fact that he has contacted his insurance about the accident make a difference who to take legal acion against ?? thankyou again for your advice. very grateful .Ruby

[des8]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

If one is involved in a motor vehicle accident you are required to supply your address to anyone who has reasonable grounds for asking for it. If you do not you must report the accident to the police as soon as possible. Therefore if I was you I'd be down the cop shop tomorrow (you need to do it in person) to report the accident and the fact the TP has failed to give you his address.The police should then give you his address.
If you don't have Legal Expenses cover (and as a retired broker I never buy it anyway) go for a "no win no fee" (conditional fee agreement) deal.

[rubydoo]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

If one is involved in a motor vehicle accident you are required to supply your address to anyone who has reasonable grounds for asking for it. If you do not you must report the accident to the police as soon as possible. Therefore if I was you I'd be down the cop shop tomorrow (you need to do it in person) to report the accident and the fact the TP has failed to give you his address.The police should then give you his address.
If you don't have Legal Expenses cover (and as a retired broker I never buy it anyway) go for a "no win no fee" (conditional fee agreement) deal.

I obtained this TP address, unfortunately it was his last known address,and he did a bunk after a police raid looking for drugs.:confused2:

[wales01man]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

If the OP gave his address at the time of the incidend he complied with the requirement?
maybe a call to the motor insurance bureau for advice seems that may be the only way to sort this apart from going legal

[FORCEOFONE]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

That is a good idea

Get the account settled, and any losses assigned to MIB for them to continue on their own

I thought though that MIB only dealt with uninsured losses

love to know though

[des8]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

All motor insurers in UK have to be members of MIB. The industry doesn't want to be nationalised or be "over regulated" and so will sort this out.
I would write to MIB, describing the accident, telling them what has happened and ask them to tell the TP insurers to get their finger out. I don't suppose the urchin has reported his change of address to his insurers, so he has become an untraced driver and MIB compensate victims of untraced drivers (see their mission statement). As you know he was insured, MIB won't want to pick up the tab and should lean on his insurers.

[des8]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

[QUOTE=TUTTSI;340018]He does not have to report this to his insurers unless he wishes to claim for his damages

A word of warning to all our readers although he doesn't have to report it now, remember if you are involved in an accident, whether it gives rise to a claim or not, your insurer will require you to report it at or before renewal, (or you will need to declare it to your new insurer) Not to do so risks your insurer voiding your policy on grounds of non disclosure if you subsequently make a claim.

[TUTTSI]

Re: Motor insurance claim, now in 8th month, banging my head against a brick wall.

That is a good idea

Get the account settled, and any losses assigned to MIB for them to continue on their own

I thought though that MIB only dealt with uninsured losses

love to know though

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