Car accident: Other driver lying
Comments
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There_Goes_Trouble wrote: »We're not sure either. The damage was at the back in the middle, right where he hit us!
Maybe get you sister to contact her insurers and ask them as this seems a straight case of him hitting your vehicle from behind. why they don't hold TP fully liable. you should ask for full reason.
have your insurers sent any vehicle assesors around to check damage and costs as a they may have increased the repairs to more than £250.
as insurers are now involved it will be hard for you to pursue the TP individual them selfs but i would be banging on my insurers non-stop. assuming your sister has met the claims handler dealing with your case? keep emailing them for updates and reasons on why they choosing this action over that until you are satisfied its the correct. if you have legal cover get you insurers to appoint a decent legal representive on your case aswell.Total Debt in June 2013: Barclaycard 0% until Nov 2014: £1550
Tesco CC: £1200 0% Until March 2014
HSBC CC: £384 25%APR - TARGET to make GREEN ASAP0 -
It's likely the insurer wouldn't even attend court as it's not cost effective and so there would be a default judgement against them.fair point, but it will be his personal problem when he has to attend court and repeat his lies in front of a judge.
The trick would be to ensure they can't over turn it by ensuring that they also have a copy of your "letter before action" as large companies are treated differently to individuals by judges (and regulators) when they claim they don't receive a letter. They aren't believed if you send them a letter by at least recorded signed for post.
Agree with you there as I've had issues with two insurers in the past year for different types of insurance and different reasons.As for "fighting the other insurer", how much time & effort (= money) do you think the other insurer is going to devote to fighting a small claim for £250 (so very limited recovery of costs) particularly where their insured ran into the back of the OP's sister, the OP was in the car so can give a witness statement and the OP's sister has text messages from the other driver admitting liability and offering to settle?
Not very much is my opinion and I'd be very surprised if it ever saw the inside of a court but even if the other insurer did defend then at least the OP & sister would know they had give it their best shot rather than just accepting the seemingly increasingly common case where insurers prefer to not fight for their clients and just collect the loaded premiums resulting from 50/50 fault settlements & lost NCB
Both tried to fustrate me and one, CIS, also tried to fustrate the regulator. Luckily the underwriter of the insurance Aviva aren't so pigheaded when someone has made a mistake with a quote.
One thing people forget is that as a consumer, insurers need to treat you fairly. This means that even if the insurance policy says they can settle it how they wish you can argue that your insurer haven't treated you fairly if they haven't:
1. Taken steps to verify the damage to your car matches the stories told, and
2. Ignored the fact that for a time after the accident the other party was offering to pay for the damage and you have evidence of this.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
learningaboutinsurance wrote: »keep emailing them for updates and reasons on why they choosing this action over that until you are satisfied its the correct.
Never just email insurers (or any financial company ) always send snail mail letters as well and use recorded signed for post.
They will deny receiving emails and taking your phone calls if it suits them regardless of whether they say they "record your call for training purposes".
They will also deny receiving your letters until they realise you are serious and will send all your slips to a regulator.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
Thank you for all the replies!!
I've copied and pasted the whole lot and sent it off to my sister. I know she will find it all very helpful and hopefully she will pursue it all the way!0 -
Never just email insurers (or any financial company ) always send snail mail letters as well and use recorded signed for post.
They will deny receiving emails and taking your phone calls if it suits them regardless of whether they say they "record your call for training purposes".
They will also deny receiving your letters until they realise you are serious and will send all your slips to a regulator.
They may deny it but the emails should be sent with delivery reports so that as soon as its been delivered you will receive a delivery report email confirming that your email has been either succefully delivered or not delivered and reason for it. so similar to recoreded signed for post and believe now also legal proof of delivery similar to the RSFP.Total Debt in June 2013: Barclaycard 0% until Nov 2014: £1550
Tesco CC: £1200 0% Until March 2014
HSBC CC: £384 25%APR - TARGET to make GREEN ASAP0
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