how come my car insurance claim is taking so long?

warlord_uk

I got hit by another car in may 2010. It was in a tesco car park. There was a stationary car at the side of the road and as I drove past it pulled into the side of my car without indicating. They are saying its my fault, but the traffic using the road should have right of way.
Strangely their diagram is the same as mine. Showing me driving along and the other car suddenly pulling out and hitting me.
There was a witness who said it was my fault but said the other drivers navy blue car was silver and drew a diagram showing me plowing into the side of the other car. But me and the other driver showed my door getting hit by the other cars front corner.
So there are some big errors in their statements against me.

Their insurer said they'd take it to court his January, my insurer said they'd do the same in june this year.
any idea why it's taking so long?
Also, will the inconsistent info above make a difference in court? As the witness seems to have seen a different accident?
My insurer paid out on my written of car, so that's ok. I'd just like to get the fault thing sorted.
Thank you

olly300

Have you contacted your insurer and asked them what's the hold up?

I would do that first.

warlord_uk

I've done that loads of times. Every time I ring they say they're waiting on the other insurer to respond. It took about 4 months for my insurer to receive the other drivers statement. Took a year to get the engineers report for the other drivers written off car. My insurer said that there dragging their heels because they think they'll lose due to the mis matching statements. My insurer offered 50/50 but the refused.
I got my payout in a few weeks. Total cost to my insurer inc curtasy car was £10,000, other driver claim is £450.
I'm sure my insurer, adrian flux is on the ball. It just seems like the other insurer, direct line, are delaying.

olly300

warlord_uk wrote: »

I'm sure my insurer, adrian flux is on the ball. It just seems like the other insurer, direct line, are delaying.

The only thing you can really do is put in a "Formal Complaint" in writing sending it by recorded signed for post asking them specifically to inform you what is the delay and why it has taken 14 months to sort the issue out.

They have 8 weeks to reply to you.

If you are renewing your insurance before the 8 weeks is up then you are just going to have to put it down as a fault claim.

Edited to say: From previous personal experience I find phoning up insurance companies a waste of time. I put it down in writing and if they don't respond with in 6 weeks I phone them up reminding them that they have 2 more weeks to respond to my "Formal Complaint" which RM says they received on xx date.

Just_Some_Guy

Insurance claims involving lawyers and court threats can take a couple of years to sort out. If a date has been set in front of a judge then that will probably be when things start moving again, unless the losing side appeals.

warlord_uk

I phoned them today. county court proceedings have begun and the other side has until tomorrow to submit a defence, which they still haven't. But my insurer thinks they may ask for an extension.
So thanks for the advice.

alistair.long

were proceedings issued on the person or the company?

warlord_uk

They were issued against the company. The other side tried to threaten me with court action last year unless I paid their claim with a debit card. As if i'd fall for that lol