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  • FIRST POST
    • barnsley777
    • By barnsley777 20th Mar 17, 11:23 AM
    • 11Posts
    • 4Thanks
    barnsley777
    Third Party Not Responding
    • #1
    • 20th Mar 17, 11:23 AM
    Third Party Not Responding 20th Mar 17 at 11:23 AM
    Hi,


    So back in December at 8pm-ish I had an accident which was not my fault. I was in the 2nd lane on the motorway and there was a truck in the 3nd lane (out of 4 lanes). Both driving at 40mph because 1st lane was closed due to an accident (hence why I was in 2nd). Driving almost side by side for around a mile and suddenly I saw a flash behind me, so just as I looked at mirror I got clipped by the truck at side of me on the back end of the drivers side causing me to spin out in to 3rd lane before the same truck smashed in to drivers side door (I spun side ways on in to middle lane) causing me to then spin other way and almost go in to barriers next to first lane; luckily despite the shock I managed to hit breaks before the barrier. Luckily me and my girlfriend escaped with no real injuries, stiff neck for day or 2 but nothing worth claiming for, more hassle than it is worth. Swapped details with third party and witnesses who back me 100% as I did nothing wrong. Police were there too to speed removal of accident up, they said car was ok to drive home (No bumper, smashed glass, steering wheel wasn't aligned and something was catching tyre all way home; when I turned left it felt like I was on ice at times) so I drove it home and then it was wrote off in end, not sure how it was safe to drive at all.


    Now the truck driver claims he never saw me but he was sorry and as expected, wouldn't admit liability. Called insurance as soon as possible and told them what happened and gave witness details and third party details. I left it a month waiting for witnesses to give their statement as well as insurers to sort stuff out. Started calling around 6 weeks ago to see if anything's happened, they said they offered 50/50, I said no way. Then the person on phone realised she had a witness statement and therefore sent it to third party, said give them a week or 2. I called back week after and they said third party not read it yet so give another week. So I did, rung back and then third party still haven't read it so my insurers said we've gave them a deadline for week after. Call, nothing. Deadline again and urgent response notice sent to third party. Call week after, nothing, say that they don't know why third party aren't responding as it is a straight forward case. Called last Monday 13th to ask again. Said third party aren't taking calls that day all of a sudden (which company doesn't take calls Mondays?) and told me to call Friday to finally sort my excess out so I called again; person on phone says I'll call third party now and then call you back. Never got that call back so I rung again today and they said they sent an email to third party and another deadline (heard that before) for 30th.


    So my question is, is there a time frame for third party to reply. Surely 90 days is more than enough to respond to a claim. Witness statement pretty much states that truck turned in to me as I was minding my own business doing nothing wrong making the truck driver 100% at fault. Should I say I want to make a complaint or threaten with word court. Think I'm too soft just saying 'ok thanks' all time down phone and not getting anywhere. £650 excess is a lot and even though renewal isn't until back end of year, I would prefer it to be settled a lot sooner rather than later.


    Any advice would be appreciated, thanks.
Page 1
    • Aylesbury Duck
    • By Aylesbury Duck 20th Mar 17, 12:07 PM
    • 1,145 Posts
    • 1,427 Thanks
    Aylesbury Duck
    • #2
    • 20th Mar 17, 12:07 PM
    • #2
    • 20th Mar 17, 12:07 PM
    When your insurance company said "third party aren't taking calls that day", do they mean the company that owns the truck or the company's insurance?

    Your insurance company don't sound particularly effective. Yes, you do need to be firmer with them and insist that they chase this more thoroughly. What's "word court"? I'm not sure that threatening your own insurers with court action is going to help matters.
    • barnsley777
    • By barnsley777 20th Mar 17, 1:13 PM
    • 11 Posts
    • 4 Thanks
    barnsley777
    • #3
    • 20th Mar 17, 1:13 PM
    • #3
    • 20th Mar 17, 1:13 PM
    Company's insurance apparently, I'm not really sure what they meant by that, whether they just wasn't handling with mine that day, maybe third party don't like Mondays. I heard of cases where complaining or asking insurers about the idea of going to court with the lack of cooperation from third party would speed up the process as neither party would like the idea of court, especially third party as they know they are liable and will have to pay out anyway. I don't know whether it would've been better going to third party to claim in first place rather than my own, I didn't really know there was an option as it was my first accident.
    • Aylesbury Duck
    • By Aylesbury Duck 20th Mar 17, 1:17 PM
    • 1,145 Posts
    • 1,427 Thanks
    Aylesbury Duck
    • #4
    • 20th Mar 17, 1:17 PM
    • #4
    • 20th Mar 17, 1:17 PM
    The other party must be insured by The Boomtown Rats. Sounds like a fob-off to me, unless they were having software/IT issues that day and their systems were down.

    I would email your insurers with a well-worded and clear email, giving an account of the process to date, and asking for an explanation for the delay.
    • barnsley777
    • By barnsley777 20th Mar 17, 1:22 PM
    • 11 Posts
    • 4 Thanks
    barnsley777
    • #5
    • 20th Mar 17, 1:22 PM
    • #5
    • 20th Mar 17, 1:22 PM
    Thank you for the replies. I'll email and see what they say.
    • barnsley777
    • By barnsley777 20th Mar 17, 1:54 PM
    • 11 Posts
    • 4 Thanks
    barnsley777
    • #6
    • 20th Mar 17, 1:54 PM
    • #6
    • 20th Mar 17, 1:54 PM
    Would it be a good idea to say that I feel as though they aren't doing enough to force the issue at this moment in time as they have been very lenient with their so called deadlines and not followed it up without me phoning up again and again. They say that they'll update me if they receive anything but they didn't even call when they received the 50/50 offer so I doubt that they'd even tell me if there was an update with the claim.
    • barnsley777
    • By barnsley777 20th Mar 17, 1:54 PM
    • 11 Posts
    • 4 Thanks
    barnsley777
    • #7
    • 20th Mar 17, 1:54 PM
    • #7
    • 20th Mar 17, 1:54 PM
    ^In my email which I haven't sent yet...
    • Aylesbury Duck
    • By Aylesbury Duck 20th Mar 17, 1:59 PM
    • 1,145 Posts
    • 1,427 Thanks
    Aylesbury Duck
    • #8
    • 20th Mar 17, 1:59 PM
    • #8
    • 20th Mar 17, 1:59 PM
    Would it be a good idea to say that I feel as though they aren't doing enough to force the issue at this moment in time as they have been very lenient with their so called deadlines and not followed it up without me phoning up again and again. They say that they'll update me if they receive anything but they didn't even call when they received the 50/50 offer so I doubt that they'd even tell me if there was an update with the claim.
    Originally posted by barnsley777
    Just dispassionately list the course of events as you understand them, with dates of the various events and phone calls. Tell them you don't consider you have received prompt communication or moves towards resolution and want to know the current situation and how and when they are going to proceed.
    • barnsley777
    • By barnsley777 8th Nov 17, 10:24 AM
    • 11 Posts
    • 4 Thanks
    barnsley777
    • #9
    • 8th Nov 17, 10:24 AM
    Thank you
    • #9
    • 8th Nov 17, 10:24 AM
    I know it is a long time since the post, I sent the email and thankfully they rung me back a few days later saying they have been chasing it up and they had admitted liability so I got my excess back. You were a big help so thank you Although, I now have a new problem which is terrific
    • Tarambor
    • By Tarambor 8th Nov 17, 1:00 PM
    • 1,612 Posts
    • 1,104 Thanks
    Tarambor
    Thanks for the update. It is always nice to know the outcome as it helps others reading the thread in similar situations to know the advice given has bore fruit.
    • JJ22
    • By JJ22 11th Nov 17, 7:37 PM
    • 9 Posts
    • 2 Thanks
    JJ22
    Even though they found you not at fault, you can learn a lot from this . Always think of your "360 safety bubble" and a way of escape. With a lane closure on the first lane and a big vehicle on your other side, where's your escape route if things go wrong? Never be alongside a vehicle unnecessarily (especially a big one) , it's just asking for trouble.
    • missile
    • By missile 11th Nov 17, 10:57 PM
    • 8,993 Posts
    • 4,372 Thanks
    missile
    Name and shame your insurer :-)
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • pelirocco
    • By pelirocco 11th Nov 17, 11:52 PM
    • 7,580 Posts
    • 8,436 Thanks
    pelirocco
    You issue them with a 14 day letter before action, send it recorded delivery and email it if possible. If you have had no response in 14 days, issue the county court summons etc
    I have had to do this recently with an insurance claim, for damage daubed to our property by a third party.... It certainly got them moving
    Vuja De - the feeling you'll be here later
    • arcon5
    • By arcon5 12th Nov 17, 12:55 PM
    • 13,130 Posts
    • 8,325 Thanks
    arcon5
    Name and shame your insurer :-)
    Originally posted by missile
    Why? We don't know if they did anything wrong! It's a well known fact third party insurers often sit on their hands. And even then quick to dispute the value of the claim. Not really low insurers fault if the third-party are useless.

    You issue them with a 14 day letter before action, send it recorded delivery and email it if possible. If you have had no response in 14 days, issue the county court summons etc
    I have had to do this recently with an insurance claim, for damage daubed to our property by a third party.... It certainly got them moving
    Originally posted by pelirocco
    Threaten who with court and for what reason?
    • DUTR
    • By DUTR 12th Nov 17, 2:19 PM
    • 11,035 Posts
    • 6,272 Thanks
    DUTR
    Even though they found you not at fault, you can learn a lot from this . Always think of your "360 safety bubble" and a way of escape. With a lane closure on the first lane and a big vehicle on your other side, where's your escape route if things go wrong? Never be alongside a vehicle unnecessarily (especially a big one) , it's just asking for trouble.
    Originally posted by JJ22
    I remember posting similar in another thread and got chastised by the forum police (self appointed).
    • spiro
    • By spiro 12th Nov 17, 3:56 PM
    • 5,848 Posts
    • 2,811 Thanks
    spiro
    I had a delay once and queried with my insurers lawyers what the SLA was for the other party's insurance company to respond to a claim against them. He told they have 90 days to respond and that only has to be acknowledging receipt of the claim.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
    • KittenChops
    • By KittenChops 14th Nov 17, 12:01 PM
    • 75 Posts
    • 19 Thanks
    KittenChops
    Even though they found you not at fault, you can learn a lot from this . Always think of your "360 safety bubble" and a way of escape. With a lane closure on the first lane and a big vehicle on your other side, where's your escape route if things go wrong? Never be alongside a vehicle unnecessarily (especially a big one) , it's just asking for trouble.
    Originally posted by JJ22
    ^^^^^^This.

    My first car was written off on a motorway in very similar circumstances to your incident (clipped the back end of my car, swung me round ninety degrees and then shunted my car up the motorway for a bit). Over ten years have passed since and I now NEVER sit alongside lorries / buses etc, at any speed. I consider myself to have had a very fortunate escape and a good life lesson about blind spots!
    • barnsley777
    • By barnsley777 22nd Nov 17, 6:03 PM
    • 11 Posts
    • 4 Thanks
    barnsley777
    Sorry I don't log on often so I don't reply often but it is interesting to read some comments. I have had another accident which is making me think I might as well quit driving at this rate..

    My question is.. someone hit back of my car, I rang my insurance to say i've been involved in an accident which i dont believe to be my fault blah blah and they said that I would get my car checked and sent for repairs and they'll chase third party but... I'll have to pay £650 excess when i get car back and also this means I am losing my no claims of 2 years because I am essentially claiming against my own insurance.

    I wanted to know, is it possible to say you don't want the hire car or repairs done and then that would save the excess?
    And also on top of that, get my insurance to still chase the third party for cost of repairs which will need doing eventually whenever they do recover costs.. is this a thing?

    I dont really want to lose 2 years no claims as im 5 days from renewal and hadnt actually phoned and paid for new insurance at a new company.. but at same time I believe accident to be the third partys fault and therefore would like them still to retrieve costs to repair my vechile

    Thanks in advance
    • Ectophile
    • By Ectophile 23rd Nov 17, 12:09 AM
    • 2,799 Posts
    • 1,729 Thanks
    Ectophile
    You have a number of choices:-

    1. Claim through your insurance, but then make a claim against the third party for your excess.
    2. Tell your insurance company that you don't want them to handle it, and claim directly for the whole cost from the third party.
    3. Tell your insurance company that you don't want to make a claim, and patch up the car at your expense.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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