Car accident - both parties with Aviva - TP admits liability but 'Aviva' say 'Aviva'

smeenlee

sarahg1969 wrote: »

May seem harsh, but they have to pursue the claim against the driver, not the insurer. That's the way it works.

I can't see that an FOS complaint will do any good - they are not complaining about their own insurer, but the other driver's insurer (albeit it's the same company).

We kind of *are* complaining about our own insurer too tho Sarah- we've been blatantly lied to on several occasions!

smeenlee

Quick update: we only had a phone number for the TP so I phoned and tried to politely explain the situation and to ask for their address. They're not happy at all - claim they were 'forced' to admit liability and that they feel they've been 'done over' and don't want to 'do us a favour' by handing over their address. It got quite nasty and as this is a fellow parent at our daughter's school it's more than a bit awkward. What to do?

Quentin

Sorry, but you need their address to pursue your claim for uninsured losses, so you going to have to go back to Aviva to provide this. (Unless you have their "legal cover", in which case you could ask them to pursue the third party - if they will, bearing in mind Aviva insure you both!)

huckster

smeenlee wrote: »

Quick update: we only had a phone number for the TP so I phoned and tried to politely explain the situation and to ask for their address. They're not happy at all - claim they were 'forced' to admit liability and that they feel they've been 'done over' and don't want to 'do us a favour' by handing over their address. It got quite nasty and as this is a fellow parent at our daughter's school it's more than a bit awkward. What to do?

Send a letter before action addressed to the 3rd party via Aviva, with a covering letter asking them to forward to their policyholder. In the covering letter, explain the position to Aviva, as to the letter you are asking them to forward to their policyholder. My understanding is that Aviva have to forward the letter on. They are not allowed, not to do so, as the FSA would frown upon such an action.

By sending the letter, this should prompt the Policyholder to start speaking to Aviva about this and I would hope that it moves this on.

Quentin

huckster wrote: »

Send a letter before action addressed to the 3rd party via Aviva......

This would just be a bluff (as far as threatening legal action goes).

If this LBA is ignored, then without the third party's proper address you could not take any enforceable legal action!

But of course there is no reason why Aviva could not assist the OP over this! (Apart from it just being par for the course as far as Aviva are concerned)

macman

smeenlee wrote: »

Quick update: we only had a phone number for the TP so I phoned and tried to politely explain the situation and to ask for their address. They're not happy at all - claim they were 'forced' to admit liability and that they feel they've been 'done over' and don't want to 'do us a favour' by handing over their address. It got quite nasty and as this is a fellow parent at our daughter's school it's more than a bit awkward. What to do?

The law obliges them to provide contact details at the time of the accident. You said that they reversed into you, so on what possible basis could they now deny liability?
If they won't give the details then report them to the police for leaving the scene without exchanging information. At worst you could obtain the registered keeper's address from the DVLC, as I assume you have the car reg?
If you want your excess back you are going to have to call their bluff.

omen666

Surely this is a conflict of interest in Aviva refusing to pay out from Aviva?

Quentin

macman wrote: »

The law obliges them to provide contact details at the time of the accident.

No. You only need to give your details if you are asked for them!

Presumably the OP didn't ask for an address.

(Even if asked you don't have to give them if for any reason you don't want to, but in that case you must then report the incident to the police "as soon as practicable" and this must be within 24 hours)

macman

Quentin wrote: »

No. You only need to give your details if you are asked for them!

Presumably the OP didn't ask for an address.

(Even if asked you don't have to give them if for any reason you don't want to, but in that case you must then report the incident to the police "as soon as practicable" and this must be within 24 hours)

I would have thought that name, address,tel no and insurer was the basic info to request at the time of the incident...
If not, go to the school, wait for their appearance, follow them home, note the address, job done. I don't think that would be considered as stalking...
There is no requirement to report the incident to the police unless someone has been injured.

Quentin

macman wrote: »

There is no requirement to report the incident to the police unless someone has been injured.

No.

As already posted if involved in a RTA if for any reason you don't want to give details to anyone (who has a good reason for asking), then you don't have to, but you are then required to report the incident to the police even though no injury is involved.