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Car accident. Third party didn't stop

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  • Quentin
    Quentin Posts: 40,405 Forumite
    roddydogs wrote: »
    Surely on a 50/50 claim, you both only pay 1/2 the "Excess"?

    You pay all your excess (it is an uninsured item).

    You then claim all your uninsured items (eg excess/hire car/fares/injuries/phone calls/postage etc off the third party).

    If liability is settled at 50/50 then you get 50% of the total amount agreed.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Perhaps now would be a good time to invest in an in-car CCTV camera..... They're a lot cheaper than the excess on your insurance.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • I've just got right up to the rest of the damage on the bumper and front wing and there is some very minimal paint from the third parties vehicle. I am surprised though that there isn't more.
  • Quentin wrote: »
    You pay all your excess (it is an uninsured item).

    You then claim all your uninsured items (eg excess/hire car/fares/injuries/phone calls/postage etc off the third party).

    If liability is settled at 50/50 then you get 50% of the total amount agreed.

    If that's the process then why am I not being charges for this hire car.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 1 September 2010 at 10:05AM
    That is the normal process.

    Your situation is according to your OP you were offered the hire car by the third party insurers (ie you aren't paying for it, they are). And liability hasn't been settled at 50/50 (or anything else as yet).
  • Police have just called me. They have wrote to the third party and apparently by law they have to give her 28 days to reply with her version of events. That doesn't sound right at all to me.
  • The Police won't do anything. They'll ask her for her insurance details, which she is required to give them. Provided she is insured they'll leave it up to the insurance companies to argue liability.

    A woman hit the rear O/S quarter of my car trying to merge into my lane (badly). She reported me to the Police for failing to stop. We were in roadworks, and stopping would have brought the motorway junction to a standstill, so I carried on to find a safe place to stop. And even though the daft bat ran over to my car effing and blinding that it was my fault, and actually reached into my car and took my keys out of the ignition, she still reported me for failing to stop. I got a letter off the Police a few days later asking for my insurance details, which I gave them and they took no further action.

    Her insurance admitted liability. I just wish I could have been a fly on the wall at her house when they told her.
  • Now been told by enterprise that my insurers have cancelled my hire car due to it being a 50/50 claim.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Read everything they ask you to sign (you may find they want you to agree to pay for the car if they are unable to get paid by the third party).
  • They won't provide one now. They said it was a mistake booking one for me in the first place. Turns out it was my insurers who requested it, not the third party.

    I was also under the impression I had car cover on my policy, but it transpires this was never added when I requested it. It has now been added, but they won't backdate it.

    I've been told to expect months of waiting before liability is determined (funny as someone earlier told me it had already been decided as a 50/50). My insurers seem totally inept as every time I speak to them they give me a different story.

    They can't even organise my car to be recovered and took to the repair shop.

    They have also stated I cannot switch my insurance to a new vehicle while this is ongoing. This is a blow as I was planning to buy a new vehicle which I desperately need as I am self employed, but I cannot afford to insure two cars.

    I cannot believe the Police won't even go out to interview this woman. She has comitted an offence in not stopping and failing to report. What kind of example does it set? To me it says, if you're involved in an accident that's your fault then drive off and you'll get away with it.
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