Car accident. Third party didn't stop

Quentin

The third party will insist she was unaware of the collision.

But irrespective, this doesn't assist your case (which is a civil one, with the argument being who is responsible), which will now have to take its (slow) course.

Do you only have third party cover? If so then you need to organise your own repairs, but if you have comprehensive cover they need kicking into action. If you are sure you will win the liability argument, you could hire your own car, pay for it, then reclaim it off the third party.

Check if your policy forbids any changes whilst a claim is ongoing, and if not appeal their decision not to allow it. (But note they are not obliged to allow a change of vehicle, and you may have to cancel and go elsewhere - if this is the solution, it shouldn't affect the claim (and it seems the service couldn't get any worse!)

mrmichaelf

No, I have comprehensive cover. Unfortunately I do not have the money available to hire a car and attempt to claim it back, and each day I am without a vehicle, I am losing upwards of £100. (A vicous circle).

I have appointed a solicitor to look at matters for me, as Direct Line's motor legal department have been no help at all, basically saying there's nothing they can do blah blah blah. They have advised me NOT to have any repairs undertaken at this stage, as they want to inspect my vehicle themselves, as it may rule me out as being at fault.

I also cannot get the name of the third party which no one will give to me.

It really does seem if your in an accident that's your fault and you just leg it, no one has got any come back on you.

Quentin

Although resolving the liability issue will take time, they ought to get on with inspecting and repairing your car asap. Have you escalated this delay to a manager?

If it is important to have the third party's id, you can try getting it via DVLA (you have to pay them, and give good reason why you want to know plus agree to them informing the third party of your id). They may then tell you the vehicle's keeper (though that may not be the driver on the day in question). Your solicitor will know all about this.

mrmichaelf

I can see where this will end up however. She will deny everything and say the car wasn't anywhere near where I was at the time. And I won't even be able to get a 50/50 settlement.

Quentin

There is no difference as far as your NCD is concerned between 50/50 and (say) 90/10. It will still count as a fault claim. But that shouldn't stop your car getting quickly repaired (or written off if repairs are uneconomic).

The downside of not getting the 50/50 is you cannot get back 50% of your uninsured losses (excess/hire car/loss of earnings etc).

mrmichaelf

What would happen should the third party driver ignore her insurers and not confirm anything?

I can't even persue her sperately as my solicitor has suggested because I do not know her details. I've made a quick call to DVLA and they have stated under no circumstances will they give out details of car ownership.

Quentin

Whoever you spoke to mislead you! You can apply for the details with this form (costs £2.50): http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065303.pdf

If she denies everything you are into a battle (your word against hers), though both insurers will have procedures to deal with the matter should she ignore requests for details from her insurer.