Mum been hit from behind, what to do now?

babymoo

Just after a bit of information.

Mum was sat at temporary traffic lights on december 5th and someone bumped her from behind. Mum's car has been written off, she currently has a courtesy car. The girl who bumped into mum's car said to mum at the scene, "I am sorry, I was concentrating on the parking space next to you, I didn't see you" "Does this mean my insurance is going to go up?". Now today mum has been told by her insurance company that this young girls insurance haven't admitted liability.

She has now been told that her current insurance company will not insure the new car she has found (suzuki vitara soft top) and she has to close the insurance at cost to her plus paying excesses because the other party haven't admitted fault. She also stands to lose 4 years no claims and find another insurance company, then having to find the money for the deposit for that. All of which she really doesn't have.

Now what I am wanting to know is if the party at fault continue to say it was not their fault then how will this get settled. Surely if you hit someone in the rear it is your fault, obviously providing someone doesn't reverse into you which mum did not.

Will mum have to go to court? Will she just lose out? There are no independant witnesses, the other party had the car full.

If this all comes out that mum loses then why on earth do we even insure our cars in the first place?!?!?! :mad:

Any advice would be brilliant.

Gene_Hunt_2

Does your mum have any legal protection?

sarahg1969

Just because they haven't admitted liability doesn't mean that they are denying liability. They've probably just not dealt with any correspondence yet. It was only 8 days ago - they might not have got round to dealing with it yet.

Gordon_Hose

Your Mum was hit from behind, it's automatically the other drivers fault. It'll only be a matter of time before the other party's insurance admit liability.

DaveF327

Personally, I would make sure the claim is settled before buying any new car that can't be insured.

Your mum should instruct her company to deny any liability and defend any claim against her. Instruct them to make a claim against the third party's insurer immediately. She should assert that she was stationary when hit and that the third party personally admitted liability at the roadside (this should have been noted in the incident report form anyway). Ask them whether they agree that this makes the other party 100% liable.

If you do not have legal protection, then go direct to the third party's insurer, tell them you were stationary and claim everything that's due to you under the law. Insist that they make a decision quickly and keep hammering the point home that you were stationary and their client was careless and admitted liability.

Do not agree to close any policy or pay any excess until this is settled. Keep driving the courtesy car until you have the cheque and confirmation of full NCB in your hand.

Gene_Hunt_2

Strange place to put a set of traffic lights tho.

Next to a parking space, she was determined to have it, hitting a car with enough force to write it off. $h1t aim tho hitting a car from behind when trying to park along side it.

Or is there more to this?

Gene_Hunt_2

DaveF327 wrote: »

Keep driving the courtesy car until you have the cheque and confirmation of full NCB in your hand.

If the car has been declared a write off then the entitlement to a courtesy car may have ended.

babymoo

Thank you for all the advice so far, I love this forum far better than any search engine!!

Yes mum does have legal protection with her insurance.

Her car hasn't even been picked up yet, but she has been told that it will be written off by her insurance company as the car is deemed uneconomical to repair due to its age (1998), this is before they have even seen the car. Mum has been told that they will settle the claim and send her a cheque for her written off car less the excess until liability has been proven. She was told by her courtesy car company that they will contact her once they want the car back.

Have now told her not to pay anything or close anything down after reading this hopefully they will admit liability.

She has bought a new car as she needed a car ready in place for then they take the courtesy car back as she relies on it for her job.

Temp traffic lights were on main road, parking space is more of a layby which people use as a parking space. Damage to mums car from what we have seen is a hole in the rear bumper, to the passenger side of the car. Other party car has damage to the front bumper on drivers side. Was a punto, the tow ring thingy at the front of the punto was longer there. (hope this makes sense, just trying to give you a clear picture).

DaveF327

You can dispute the writing off too if you instruct the third party to use a more economical repairers. If they do write off the car, you can reject their first offer and get a higher payout. You can also negotiate to keep the car (and have it repaired out of the proceeds). Don't take things lying down!

My insurer's claim management company told me that the car "might" be written off, but a company that was contracted by the third party insurer cold called me and saved the day. They arranged for the repairs to be done elsewhere and I got the car back fixed. I left the courtesy car at the garage where I picked up mine, and I didn't pay a penny nor lose any NCB. That said, this was only after the third party insurer admitted liability rather quickly - they had no choice, though, as I gave a detailed honest report to both insurers straight away which left the reader in no doubt as to the guilt of the other driver. Exact words quoted while fresh in the mind work wonders

babymoo

Mum rang her insurance straight away and gave a full detailed account of what happened including what was said to mum by other party. She didn't do this with the other parties insurance because her insurance told her that they would contact them and sort it on her behalf.

Blumming stress a week before xmas is wonderful!!!

ETA: Thanks for all the advice, its just nice to know mum is in a position where she holds some cards still. She won't take it lying down, its just easier to deal with once you have the information.

Coveredinbees!!!!

Get down the doctors she could have whiplash