Car insurance - time limit on a claim?

pk1209

Hi,

On the 9th of May last year I parked my car in a car park at a play park. When I came back to my car, the driver of the car in front was waiting and claimed I had touched his car when I parked. He had already moved his car away and just showed me a video on his phone of the two cars touching.

I said I hadn't hit it but we swapped details. The only damage was from the screw on my reg plate leaving a tiny mark on the car. Anyway, I don't believe I hit the car and think he has possibly rolled back into my car. My insurer have refused liability on my behalf as they have not presented any evidence other than a picture of two cars touching.

However, nearly a year later they other party has yet to provide evidence or proof but is still seeking to claim on my insurance. My insurer says that they cannot close the claim until they stop seeking to claim from me.

In the meantime I have had to lose my no claims and suffer a big increase in my premium as it still is considered a claim without there being proof.

Does anyone know if it is right that this can just stay open indefinately - it's added about £300-400 onto my premium which obviously I would prefer in my pocket!

Advice appreciated!

Pete

forgotmyname

Sadly i dont think so. You have a limit to file for the claim in the 1st instance but once the claim is made
they can keep asking.
The only way to get it all ended is if it goes to court/tribunal where a judge? will decide on which statement
appears to be true or split the blame 50/50.

Im sure someone will clarify matters and give you the legal info.

thenudeone

Why don't you make a claim against his/her insurer so that they lose their NCD and are in exactly the same position as you?
I'm sure there must be a scratch where the number plate screw touched!

It might be possible to mutually agree to drop both claims.

atrixblue.-MFR-.

do you have legal on your insurance if so ask them to have the matter resolved at court. and submit that you do not believe you had touched his vehicle, if he cannot provide evidence i.e both cars touching with your registration on then that photo could have been taken somewhere else.

birkee

How do they know, he didn't back his car up to yours, to take the photograph?
Perhaps trying to get previous damage paid for.

Quentin

atrixblue.-MFR-. wrote: »

do you have legal on your insurance if so ask them to have the matter resolved at court. and submit that you do not believe you had touched his vehicle, if he cannot provide evidence i.e both cars touching with your registration on then that photo could have been taken somewhere else.

"legal" on your insurance isn't to pay for court cases you request!

In fact "legal" on your insurance won't do anything for you unless you have a reasonable chance of winning.

In this case with no witnesses were it to go to court it would probably end up 50/50.

pk1209

Thanks for the replies folks... apologies for my tardy reply, been away!

I wouldn't want to go to court, just a bit to risky for my tastes. As for "damage" on my car, if you count a tiny bit of paint on the head of the screw holding my license plate on as damage I suppose I could make a claim - probably would just give me 50p for a new screw though

It's now over a year, so I chased my insurer, and the guy is still trying to get some evidence- a witness statement - but if there is one, it's the same as the photo, ie. all he can say is he saw 2 cars touching, no idea who hit who.

The insurer said that they will close it in 6 months if they don't get this witness statement / evidence sent to them.

Pain in the ruddy neck all round...

Cheers,

pk

sarahg1969

He would have six years from the date of incident to issue court proceedings for vehicle damage (three for personal injuries). Thereafter, the claim is statute barred. The claim may stay open for that long - ask your insurers.