Car Insurers won't settle claim

Chrisblue1962

In July last year, myself and OH were out in my car. OH was driving as I was unable to drive due to recovering from a broken ankle, she was convered on her own policy.

We were involved in a collision with another driver - he went into our nearside rear wing / wheel whilst speeding - which we have a witness to, who has provided a written statement to this effect, plus\we have photos of the accident showing skid marks by his car i.e excessive speed / heavy breaking.

However, despite my OH requesting his insurer settle our claim against them, they refuse to do anything, wont reply to communication from OH insurer and its just dragging on.

I think they are hoping we get fed up and just go away...

How do I stand legally? May I need to go via small claims court?

dacouch

Were you pulling out of a side road onto another road or turning off a road by any chance

missile

See a solicitor asap. Have you got legal cover with your insurance?

Clive_Woody

Chrisblue1962 wrote: »

We were involved in a collision with another driver - he went into our nearside rear wing / wheel whilst speeding - which we have a witness to, who has provided a written statement to this effect, plus\we have photos of the accident showing skid marks by his car i.e excessive speed / heavy breaking.

Not sure how your witness can state the other car was speeding unless they were carrying an approved speed gun at the time and were trained to use it. I doubt their opinion regarding speeding is worth much to an insurance company.

Skid marks suggest sudden breaking was required not excessive speed. Why did this other car have to break suddenly?

mcjordi

i take it from the covered on her own policy that she was only third party covered on the DOC cars extension? if so then the insurer is well within their rights to refuse to help.. seek legal advice

lisyloo

I agree with mcjordi.
From post 1 it sounds like the OH was driving on the "driving other cars" extension which is 3rd party only.
This means the claim won't be covered.
It's a shame the insurer have ignired rather than stating it's not covered.

You either need to use legal cover, or get a solicitor involved or pursue it yourself, because if I have understood correctly then you are not covered for damage to your own car.