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

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Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK. But it seems in this case the OP did not bother asking, so would this still apply?
    A little bit of home sleuthing will obtain the address anyway.
    No free lunch, and no free laptop ;)
  • Quentin
    Quentin Posts: 40,405 Forumite
    macman wrote: »
    OK. But it seems in this case the OP did not bother asking, so would this still apply?

    No - if you don't get asked then you don't have to volunteer any details at all, and no need to report to the police.
  • smeenlee
    smeenlee Posts: 13 Forumite
    Part of the Furniture Combo Breaker
    macman wrote: »
    OK. But it seems in this case the OP did not bother asking, so would this still apply?
    A little bit of home sleuthing will obtain the address anyway.

    It's not that we "did not bother asking" - we had the name and a phone number and that initially at least appeared to be enough. People suggesting we could follow them home etc are right of course, but this IS a fellow parent at our daughter's school who we see every day!

    I guess we have to weight up whether the bad blood is worth £350 to us - and in the meantime try every avenue to hold Aviva to their promises.

    Thanks to everyone who's given advice on this thread thus far - hope it helps others too.
  • Were there no witnesses?
  • Quentin
    Quentin Posts: 40,405 Forumite
    smeenlee wrote: »
    I guess we have to weight up whether the bad blood is worth £350 to us - and in the meantime try every avenue to hold Aviva to their promises.

    You are only entitled to a full refund of your excess if the third party accepts full liability.

    And if/when they do, then the refund is paid out by the insurer of the third party (assuming they have one - in this case you know they do).

    So there's no "bad blood" to consider, as (even if you sue the third party) they won't have to pay you themselves as it will be paid by their insurer!

    (So the only bad blood going on here is actually between the third party and aviva, who they say forced them to admit liability - aviva should have pointed out to them why they were liable!)
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