Urgent help needed please - car crash claim

rikuzo

Hi all, this is my first post, and unfortunately it's quite a stressful one for me so would appreciate any help at all!

On Sunday 19th July 2009, I was involved in a road accident. The other driver admitted full liability, partly because he had no licence, was 3 times over the alcohol limit, and he'd crashed into someone else down the road with kids in the back :mad: I called the claims line, who told me to call back the next day, as they couldn't do anything until Monday. The car was moved to the side of the road, off a public pavement, but still on a main road (wide paved area). I didn't arrange recovery as i didn't think i had to, with it not being my fault.

So I called back the next day (Monday), and my insurers got the ball rolling, and pursued the 3rd party and their insurer as necessary. It was only on Wednesday (once the driver had sobered up :O and released from custody) that they managed to contact the insured and he admitted full liability. The same day i got my hire car.

Just after i'd been notified of the 3rd party's accepting of liability, i contacted a gentleman who (along with his wife) had been extremely helpful with my mum (passenger at the time) and I, as it was quite a bad crash, and mum got severe whiplash. He advised that he was glad it had all been sorted, and that he noticed the car had been taken away.....

.....which is where it starts to go very downhill That alarmed me, as no-one had advised they'd taken the car (and in fact, i received a call not long after advising that someone was coming to inspect the car today, an assesor), and i was sure the car was left at the scene! After ringing the gentleman back, he confirmed the car was there when he left work at 6pm Monday night, but wasn't there at 10am Tuesday, when he returned to work. I checked with both insurers (to see if they'd instructed it, they hadn't), the local car pound, the repairers the police usually use, but nothing!!!!!

So it appears that, possibly, the car, though being completely smashed up and undriveable, has been stolen. I've reported it to the police as being stolen now.

What i need advice on is this: i have a hire car, but now they know my car has been stolen, they say they will need to take the hire car back, and what's more, they can't do anything for me, especially as I'm the one who should've had the vehicle recovered from the roadside! It took them a whole 48 hours to get the car to me, as they were waiting to hear from their insured. If they'd recovered it the same day, my car wouldn't have gone missing. What's more, it's going to leave me without a car again.

They also say that i'm going to have to pursue this as a theft claim now they don't know where the car is. This isn't good, as i only have 1 years NCB, and stand to lose this. But this would not have happened had their guy NOT crashed into me, if they had picked up my car earlier...also, if i was unconscious, then who would arrange recovery for my car then?! Granted, i only had TPFT cover, as my car wasn't worth that much in fairness (though i loved it!), but it just seems as though they're trying to get out of it.

Is this right? Do i have a leg to stand on? Or does it not look too good? I would appreciate any help on this one please! And i'm sorry it's so long......it's nothing compared to how i've been feeling over the past few days.

thanks guys

LinasPilibaitisisbatman

If the car has dissapeared then it will be very hard to claim off the other drivers insurance.

Whether it was your fault or not it was your vehicle and barring serious injury to you then you should have made sure it was secure and if necessary recovered it and reclaimed that cost.

However is it likely the car was able to be stolen or has someone cocked up picked it up and not recorded it properly such as the police or local authority.

Quentin

The problem you have is that it isn't the third party insurer's problem that your car has been stolen.

Consider instructing a solicitor/claim handler to deal with all your other uninsured losses (PI/pain/passengers injuries/inconvenience etc)

rikuzo

That's brill, thanks guys - appreciate the prompt responses.

rikuzo

Re first reply - there's a possibility it may have been missed out on records somewhere; i've rang several times to the recovery agent who would usually move it on behalf of the police but nothing has come up so far. Will keep trying just in case though.