RTA - Driver failed to give insurance details

united4eva · 13 October 2016 at 12:56PM

hi guys,

my wife had a RTA a few weeks ago, another chap hitting her as he pulled out without looking from the left hitting the from passenger door. Initially the dude tried driving off only stopping when OH stopped her car and got out. First he accused her of hitting his car at the back which makes no sense, and then refused to give his name/insurance details. OH rang my sister who was nearby who managed to get a photo of third party car, plate and driver.

- We reported to police who have since (few weeks later) reported back that he disputes the event saying that my wife hit him. But they didn't address the fact that he didn't give insurance details at the time. They also said nearby CCTV didn't have anything, surprising as the camera looks like a 360 camera and would be surprising if it didn't record road traffic considering it is located on a busy road...
- Insurance initially fobbed off wife saying nothing can be done without third parties name, unless she pays excess up front.
- Wife is in process of getting back in touch with police to enquire about lack of action against the guy who effectively admitted being in an accident (regardless of whose fault), but failed to give insurance details and also likely didn't report the incident to his insurance.

The car damage is not huge, but I am fuming on principal as wife is pregnant and the other driver didn't give any info, instead trying to blame wife at the same time. And the response from insurance and police so far is pathetic. Basically telling me, no point having insurance, just lie and/or drive off if something happens and deny/dispute. Just glad the impact not on the driver side or things could have been worse.

Do you guys have any thoughts or advice on how to proceed?

My plan is to grill the police why they didn't do anything to the guy about not giving his insurance details.
Try and get the guys insurance details from police.
Chase up police/council to see if we can see the CCTV footage.
Once we have reasonable evidence, then go back to insurer, who so far has seemed unwilling to do anything.

Apologies if this is written poorly, but in a rush and bit p'd off!

Quentin · 13 October 2016 at 3:29PM

You can get the car's insurance details via:

http://www.askmid.com/askmidenquiry.aspx

(Costs £4)

It looks like you never claimed off your own insurance?

If so then they are not going to spend a lot of time establishing liability as they have no losses to claim off anyone as yet!

oscarward · 14 October 2016 at 6:55AM

My son had a similar situation, some one ran in to the back of him on a roundabout. Open and shut case you would have thought.

The woman just gave her name and address / phone number but looking at the damage we went to a body shop who recommended replacing bumper and back panel. when we got an estimate she refused to talk to him, just saying I don't want to know. Got quite narky with him.

So we went down the Askmid route and contacted her insurers directly. They wouldn't do anything until they had spoken to her, which was understandable. But she refused to communicate with them.

After a couple of months my son got his own insurers to repair the car and kept badgering her insurers for repayment of his excess. Luckily because the cost of repairs was less than his excess Aviva put it down as a non fault and he kept his NCD.

In the end her insurers made an Ex Gratia payment without admission but that was only after badgering them for months.

MarkC2 · 14 October 2016 at 7:22AM

If the damage is minor just fix it a forget it.

I had this 12 months ago when someone pulled out into our car, then reversed back and drove off. We had witnesses and a dashcam but the view of the Police was that it was a civil matter. Why we bother funding the Police anymore is a mystery and another story.

The insurance company will do exactly as described above and so you lose your claim free record (but not your NCD) and they get away as free as a bird.

Sorry but that is the world we have created for ourselves.

AllanA · 18 October 2016 at 8:22PM

If you have legal cover on your insurance, they should take your case up, if need be as far as court. I don't see why they couldn't also start a private prosecution for failing to give insurance details.

united4eva · 14 November 2016 at 11:46AM

Sorry all for the delayed reply and thanks for all your responses.

To say the police have been unhelpful is an understatement. It looks like they have been round to speak to him and he gave a different story, but clearly not denying that an accident actually took place... So police tell us to take it up with insurance we tell them we don't have his details as he didn't give it us, they seemed very uninterested in pursuing that fact. In the end they at least gave us his name and we already have his registration number and insurance company name so can at least pursue with insurer now.

He clearly didn't report incident to police even after claiming it was my wife's fault, and neither did he report to his insurer.

Lets see how we get on with insurance. Now that he has admitted to police that there was an incident, the worst case scenario I am hoping would be a 50/50 claim... From the damage visible on my wife's car it would be very difficult to corroborate the other idiots story.

united4eva · 14 November 2016 at 12:16PM

AllanA wrote: »

If you have legal cover on your insurance, they should take your case up, if need be as far as court. I don't see why they couldn't also start a private prosecution for failing to give insurance details.

Cheers, unfortunately the damage is just about NOT minor enough to get it done ourselves. Its on the passenger door causing scratching to the metal and a reasonable dent, my guess will be insurance will end up replacing door... . My wife had a dash cam but it happened to be in the living room and not her car....

Quentin · 14 November 2016 at 1:09PM

If his insurance won't play ball (ie accept full liability), then you will need to make a claim off your own insurance.

Then after liability is agreed between the insurers, then if it is a split liability then you will be able to reclaim a portion of your uninsured losses (inc your excess) - if its a 50/50 then you will be able to pursue the third party insurer for 50% of all your uninsured losses. (If you have any legal cover with your insurance you can use that to make the uninsured loss claim for you)

MrsTinks · 14 November 2016 at 1:43PM

Speak to his insurer and advise them that they can either deal with the claim under their process or you will deal with it through your insurance company. Initially it will be disputed by the sound of things, so get any witnesses you may have been able to and photograph as much as you can of damage and location.

You may be able to request the video footage yourself under a freedom of information act request if you know who owns the street camera.

And then shout a lot at your insurance company for failing to deal with a claim in this manner. If need be then escalate to their complaints process. You are claiming a no fault accident, unless your policy states that they need your excess in advance then get grumpy with them.

I assume your wife has had a full check up given she is pregnant and that there is no additional stress on her? Not being funny but it would stress me out and if she has any ill effects as a result then make sure you claim for them. I'm not suggesting make things up, but do make sure you claim for what you should.

united4eva · 14 November 2016 at 2:05PM

MrsTinks wrote: »

Speak to his insurer and advise them that they can either deal with the claim under their process or you will deal with it through your insurance company. Initially it will be disputed by the sound of things, so get any witnesses you may have been able to and photograph as much as you can of damage and location.

You may be able to request the video footage yourself under a freedom of information act request if you know who owns the street camera.

And then shout a lot at your insurance company for failing to deal with a claim in this manner. If need be then escalate to their complaints process. You are claiming a no fault accident, unless your policy states that they need your excess in advance then get grumpy with them.

I assume your wife has had a full check up given she is pregnant and that there is no additional stress on her? Not being funny but it would stress me out and if she has any ill effects as a result then make sure you claim for them. I'm not suggesting make things up, but do make sure you claim for what you should.

Cheers we were told that we would have to pay excess first for our insurer to proceed.

Should I even bother calling the third party's insurer as he will flat out dispute any claim?

If they third party insurer are reasonable might they deal with it all without us having to contact our insurer?

My wife did get checked out, and she got some back pain and although discharged safely from A&E was subsequently referred to a Physio by her midwife for the back pain possibly related to the accident. She has also definitely suffered a LOT of related stress.

Quentin · 14 November 2016 at 2:41PM

As previously posted, your insurer wouldn't pursue the third party until you put in a claim - as otherwise they have nothing to pursue them for. Making a claim would involve you paying your excess

If the third party insurer will deal with your claim, then you would need to contact your insurer and confirm the details of the incident to them (stressing that the third party had paid all your costs, to forestall any claim in future from the other driver)

If they won't help then you would need to use your own insurer (or pay your own repairs)

Using your own insurer will involve you paying your excess. (Which you can reclaim as posted above #8)

Your wife may now want to consider contacting a claim handler/injury compensation legal company to see if they will take her case on (in a no win no fee arrangement)

RTA - Driver failed to give insurance details

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