Car Accident - Not At Fault - Insurance Being *****

Right, about 2 months ago I was parked on the roadside, came out of the shop I was in to find an old guy and a traffic warden looking at my car which had some damage, caused by the old guy.

We exchanged info, then the traffic warden gave me his details as a witness - sorted.

Got on the phone to the insurance company, gave all the details etc - got my car repaired, got a courtesy car for a week - wicked.

Now, the guys insurance company are not responding to my insurance company at all - im left in the dark - I have recieved letters saying there have been no correspondance, and that my insurance company will send them their final outlay, if nothing within 14 days its going to court.

I dont know whats going to happen, is the old guy denying it or? has he ignored his ins company?

I just want to know whats the worst that can happen, as if I lose my no claims, I am royally screwed (19, Male with a descent car...not good) and if the other guy and his insurance be total planks, what I can do to appeal or something?

Thanks guys

33 Comments

insurance companies will try get out of paying even if their client has admitted fault....after all its a business and they aint gonna give money for nothing! Therefore it MIGHT be nothing to do with the 'old fella'.

Chances are youll get an offer from your company asking if you want to take it as 50/50 (you both caused the damage equally) as your insurance company wont want to drag it through court neither.

If its as you said then still disagree with the 50/50 and take it to court......regardless to the no claims, if you want to change ins companies then they will ask if you have made a claim regardless of blame.....so you would be screwed anyways.

sicpuppy;

with a descent car



Is it good for going down hills? :-D


Only joking buddy... try contacting him again or his insurance company yourself to see if anything changed.

will just have to chase them n if so take them to court, you have witness

Original Poster

So I lose my no claims anyway?! Even though its 100% not my fault?

sicpuppy;7545888

So I lose my no claims anyway?! Even though its 100% not my fault?



only if your insurance company pay for it.

sicpuppy;7545888

So I lose my no claims anyway?! Even though its 100% not my fault?



If its found to be 100% blame to the other person, then it shouldn't affect your insurance. As posted above, if your insurance company are out of pocket in any way, then you will lose your no claims.

Original Poster

modoc;7545936

If its found to be 100% blame to the other person, then it shouldn't … If its found to be 100% blame to the other person, then it shouldn't affect your insurance.



Sweeet, i'm gonna make sure anyway, I will fight to the DEATH to ensure I keep my no claims! (I bloody need it!)

Chidda;7545915

only if your insurance company pay for it.



Thats odd...I thought they purely looked at the act of putting in a claim.....insurance policy forms ask 'claims in the past X years, regardless of blame'...so surely you have to disclose this even if the accident/damage wasnt your fault at all?


best way.....call your insurance company and discuss all your worries with them

are you not covered for uninsured losses when you take out your premium this is offered for about £20 you would have been advised at the time to take it with your policy This is the sort of predicament it is for :thinking:

renown;7546238

are you not covered for uninsured losses when you take out your premium … are you not covered for uninsured losses when you take out your premium this is offered for about £20 you would have been advised at the time to take it with your policy This is the sort of predicament it is for :thinking:



stalker!

renown;7546238

are you not covered for uninsured losses when you take out your premium … are you not covered for uninsured losses when you take out your premium this is offered for about £20 you would have been advised at the time to take it with your policy This is the sort of predicament it is for :thinking:



You don't need uninsured loss cover. If it's clearly not your fault then you'll have no difficulty finding ambulance chasers to act on your behalf on a no win/no fee basis. Do a google search for no win no fee and take your pick.

Insurance Companies' legal cover insurance is the most profitable scam they've got going at present. You pay them 20 quid a year to avoid having to do a Google search. :roll:

How big is your excess and how much is the cost of damage?
If the damage is £600 and your excess is £500 you will still need to claim this back from his insurance either yourself, via uninsured loss cover or a third party ambulance chaser company
I would think that if you were parked its 100% his fault especially if you have a independant witness (a vanishing breed)

lil_tiger;7545963

Thats odd...I thought they purely looked at the act of putting in a … Thats odd...I thought they purely looked at the act of putting in a claim.....insurance policy forms ask 'claims in the past X years, regardless of blame'...so surely you have to disclose this even if the accident/damage wasnt your fault at all?best way.....call your insurance company and discuss all your worries with them



You still make a claim, you lose your no claims bonus. If you have the other persons details you should go through their insurance, so they pay for it but they will try their best to get out of paying like most insurance companies

His company isn't churchill or LV by any chance is it? I had a bump and we went through insurance the other party was with churchill I was with LV and we got the same letter!! Ring your insurance, I did this and they said don't worry boput it, must have got sorted because nothing ever came of it!!

Original Poster

He's with Ibuyeco or some crazy ****!

I had a similar experience, I was hit on the offside bumper while changing lane by a ONE-eyed guy On his phone in a van.
I called the police when I saw tht as I was unsure if he was even allowed on the road. Anyway, the police came and jotted down the details and gave him 3 points on the spot for driving wt illegal tyres.
the insurance claim took almost 3 months because he did not correspond with his insurer.
I didnt complain much, thank god he had insurance.

Even if you successfully claim off his insurance and it is proven to be his fault, your insurance premium will still increase because you will have to declare being involved in an accident that wasn't your fault and claimed off other party's insurance.

flyingflea;7551176

Even if you successfully claim off his insurance and it is proven to be … Even if you successfully claim off his insurance and it is proven to be his fault, your insurance premium will still increase because you will have to declare being involved in an accident that wasn't your fault and claimed off other party's insurance.



+1 Correct.:thumbsup:

Chidda;7547307

You still make a claim, you lose your no claims bonus. If you have the … You still make a claim, you lose your no claims bonus. If you have the other persons details you should go through their insurance, so they pay for it but they will try their best to get out of paying like most insurance companies


this is incorrect,if you make a non-fault claim and the insurance company is able to recover all costs then it wont affect your ncd,an insurance company will also not try to get out of paying for a claim if their insured has admitted hiting a parked car,they are regulated by the fsa and would cost them more in fines if they did

Original Poster

Bull crap system, im 100% not to blame yet my premium still goes up - what a joke

magicdamo;7551839

this is incorrect,if you make a non-fault claim and the insurance company … this is incorrect,if you make a non-fault claim and the insurance company is able to recover all costs then it wont affect your ncd,an insurance company will also not try to get out of paying for a claim if their insured has admitted hiting a parked car,they are regulated by the fsa and would cost them more in fines if they did



i said before, if they pay for it, you will lose you no claims. If other insurance company pays for it you dont, simple as. So if someone hits your parked car and drives off and you dont have their details, if you go through your insurance you lose your ncd.

and insurance companies do dispute claims if they want to try and get out of paying. Your premium will still go up a little even if you arnt to blame and 3rd party insurance pays. Last time I went to a garage who repaired my car, contacted 3rd party, got insurance company to pay for it, not sure if my insurance know about it

If your insurance company recovers all costs including the excess off the other party then your insurance should not rise. I was involved in a similar incident and the threat of court action finally made the other insurance company accept all liabilty and pay my excesses as such it did not affect future policies or any NCD.

It does seem though that if you have more than 2 at no fault incidents some insurance companies will see this as it is still your fault and you must be a risk.

This is where the Legal potection option comes in handy as they should automatically try to get back the excess on your behalf if the accident was not you fault.

newbie1001;7552305

If your insurance company recovers all costs including the excess off the … If your insurance company recovers all costs including the excess off the other party then your insurance should not rise. I was involved in a similar incident and the threat of court action finally made the other insurance company accept all liabilty and pay my excesses as such it did not affect future policies or any NCD.It does seem though that if you have more than 2 at no fault incidents some insurance companies will see this as it is still your fault and you must be a risk. This is where the Legal potection option comes in handy as they should automatically try to get back the excess on your behalf if the accident was not you fault.



Can you tell me why mine has increased then?

hotukdeals.com/for…581

magicdamo;7551839

this is incorrect,if you make a non-fault claim and the insurance company … this is incorrect,if you make a non-fault claim and the insurance company is able to recover all costs then it wont affect your ncd,an insurance company will also not try to get out of paying for a claim if their insured has admitted hiting a parked car,they are regulated by the fsa and would cost them more in fines if they did



It will not affect any NCB, however the insurers will mark it as a reported accident and increase premiums, even if it was a non-fault accident.

Original Poster

Inactive;7553083

It will not affect any NCB, however the insurers will mark it as a … It will not affect any NCB, however the insurers will mark it as a reported accident and increase premiums, even if it was a non-fault accident.



What a joke, im gonna do a quote in a sec see what my difference is!

tony_s1;7546764

You don't need uninsured loss cover. If it's clearly not your fault then … You don't need uninsured loss cover. If it's clearly not your fault then you'll have no difficulty finding ambulance chasers to act on your behalf on a no win/no fee basis. Do a google search for no win no fee and take your pick. Insurance Companies' legal cover insurance is the most profitable scam they've got going at present. You pay them 20 quid a year to avoid having to do a Google search. :roll:



So what do you do when the vehicle that hits you and drives away & you dont get the registration ?
Or you do get them but they are uninsured, who is going to pay for your repairs to your vehicle ?
Not all insurances will cover this under the terms of the policy :thinking:

instant-online-insurance.co.uk/thi…tml

Banned

Ok..here goes...

I have worked in motor claims for 8 years and know a little bit about this! So here's what's likely is happening:

The third party's insurance company are slow. That's nothing unusual, insurers can take forever and a day to respond to letters. Technically, they have up to 90 days to make their enquiries before your insurers can appoint solicitors to issue legal proceedings.

If your insurers do this, the proceedings are issued against the owner of the other car, not the insurers. 9 times out of 10, when people have a court summons land on their doorstep, they get straight on to their insurers and the matter is dealt with faster than you can say "legal proceedings" However it doesn't usually come to this. No insurer wants to deal with solicitors because they are costly so normally things are resolved before it gets that far.

You need to get on the phone to your insurers and ask them if they have actually SPOKEN to his insurers. A lot of big insurers tend to just send letters back and forth when it's 100 times quicker to pick up a phone and get an answer in ten minutes. Call them, ask them to call his insurers and find out what the delay is and then to call you back. You're paying for their service so they may well do some leg work for you!

If your insurers do seem to be dragging their feet then call them and say you want to raise a complaint. Kick up a bit of a fuss. It might sound obvious but they generally do respond when someone mentions the word "complaint"

You also need to make sure that your insurers are recovering your excess for you. They are not obliged to as it's an un-insured loss. It's actually down to you or the company appointed under any legal expense cover you may have to get this loss back.

Lastly, who are you insured with, I'll be able to tell you how "good" they are at handling claims. You also mentioned that the other guy is insured with "ibuyeco" - he's not, they are a broker, the policy will be underwritten by an insurer who will also be dealing with the claim. May be worth finding out who the insurers actually are

Original Poster

Think he's with Norwich Union...Im with Tesco.

I've rang up my insurance company in the past and they have put me on hold for a while whilst they ring the other company, so im assuming they are speaking directly with the other insurers.

Banned

sicpuppy;7554061

Think he's with Norwich Union...Im with Tesco.I've rang up my insurance … Think he's with Norwich Union...Im with Tesco.I've rang up my insurance company in the past and they have put me on hold for a while whilst they ring the other company, so im assuming they are speaking directly with the other insurers.



You could always try ringing Norwich Union (or Aviva as they are now called) yourself. 0800 678 999 the option 5 then follow the prompts for the third party team. You'll get somewhere in India but they should be able to help you. You'll just need his vehicle reg or his policy/claim number if you have it

Inactive;7553083

It will not affect any NCB, however the insurers will mark it as a … It will not affect any NCB, however the insurers will mark it as a reported accident and increase premiums, even if it was a non-fault accident.



No Claim Bonus NOT No Blame Bonus. He'll lose it unless protected.

renown;7553723

So what do you do when the vehicle that hits you and drives away & you … So what do you do when the vehicle that hits you and drives away & you dont get the registration ?Or you do get them but they are uninsured, who is going to pay for your repairs to your vehicle ?Not all insurances will cover this under the terms of the policy :thinking:http://www.instant-online-insurance.co.uk/third-party-claims-uninsured-losses.html



If you don't get the registration then, unless you can get clairvoyant uninsured loss recovery insurance, there's nothing anyone can do.

In any case, all that uninsured loss recovery will do is attempt to get your money back from whoever hit you as long as they know who it is. If the prospect of recovery is negligible then you can be sure that no solicitor is going to put any effort into pursuing a hopeless cause.

Banned

Shengis;7554966

No Claim Bonus NOT No Blame Bonus. He'll lose it unless protected.



No he won't. If his insurance company make a recovery of their outlay then the NCB is reset to how it was before the accident.

However, as some people have said some insurers will still penalise you for having an accident even if it's not your fault. Only some though.

Original Poster

Good news - they are finally accepting full liability.

At last, put my mind to rest!

Thanks for the help guys.
Post a comment
Avatar
@
    Text
    Top Discussions
    1. Cheapo tips for around the home. Aka "life hacks"2243
    2. Walnut snip: Nestlé cuts nut out of chocolate after prices surge - The Guar…1517
    3. GOT Leaks again415
    4. jeremy hunt £44.000 for a new bathroom ??1212

    See more discussions