Neighbours car rolled/shunted into mine yet i'm told i can't claim??.

doobyjangler

As it is at the moment his handbrakes off, he's in neutral.

He'd probably be in next doors garden further up road had he followed the highway code - may help.

doobyjangler

Bangton - my insurers thus far chocolate fireguard, stonewalled until he returns

Quentin - will do tomorrow, off on holiday all week (either thankfully or typical dependent on your outlook).

Sorry was typing away and didn't see the last couple of replies


Thanks again.

Bangton

This might well help!! I would suggest you photograph the incident including the inside where you can see the car is in neutral and the handbrake off. Try and do it on a phone or camera that will record the time. This helps if it becomes a case of him denying any of the facts

vax2002

I would not worry about his insurance, you wont be claiming on it, he will !
If they don't want to meet his liabilities that's his problem.
Once an insurance company gets wind you don't know how liabilities work then the tend to tell you to get lost as they know you wont be able to work out how to claim directly.
As you have no contract with his insurance, they have no legal duty to correspond with you and you can not claim on someone else's insurance as you do not have a contract with them.
What they have said is true.
However what they have failed to tell you is that you can make the other driver/ keeper claim on his insurance for your losses, notice the difference between the two.
Here is how you do it.
You get 3 estimates for the damage and you send them to the owner of the vehicle that rolled in to yours, you tell them that any correspondence rejecting liabilities from his insurance will result in immediate issue of county court proceedings for the damage.
Under the common law/ mishmash of legislation of torts law many easily get confused with what you can claim for
However it is based upon the simple principle that you "shall not suffer harm or loss due to another's negligence either caused by bodily actions or property owned by a third party."
So if a case falls within the scope of the above, yes you can claim for your losses and if the other vehicles owners insurance does not want to meet those losses on behalf of the contract party (other keeper) then he will just have to jolly well get his hand in his own pocket.
Now I trust you had the good sense to photograph the damage and vehicles together for evidence before it vanishes and start building a case of evidence to support that you are a innocent party who has suffered loss.
Build your case and send the lowest quote and a letter/ invoice for the damages directly to the other keeper.

doobyjangler

Sorry everyone, didn't reply to thenudeone's first response.

Yep bangton, got photo's and video's etc from early morning when it all first happened

doobyjangler

Good stuff VAX2002.

Will sleep on it and re-focus tomorrow everyone.

Got photos yesterday, today and most likely every day til he shows up.

Cheers all

Bangton

vax2002 wrote: »

Once an insurance company gets wind you don't know how liabilities work then the tend to tell you to get lost as they know you wont be able to work out how to claim directly.

Completely untrue...an insurance company would not sherk out of paying a genuine claim - it's what they are there for. Most people are not insurance or liability experts.

I know you feel your insurance company are being useless at the moment but they are telling you correct in that you cannot claim based on the insurance policy you have UNLESS liability is acknowledged by the third party as ultimately it is the third party insurer that will cover YOUR costs are well as their own insured. Legal protection applies to incidents where you are not at fault (even though your clearly not at fault, insurers consider fault claims to be anything where they cannot recoup their losses back from another company meaning if they do not get an admission of liability from the third party insurers then you are rightly or wrongly considered to be at fault and thus cannot use the MLP). Your neighbour might well come home and acknowledge his handbrakes been dodgy etc meaning there is nothing to worry about for you (it happens!)

You really are better directing your questions to your insurer as they will be able to give correct advice about the what ifs, buts and whys. If the consultant you speak with is seemingly useless politely ask to speak to a supervisor for further clarification. Ultimately it is better to do this and know the advice is solid than to gain incorrect advice from forum members who may well be misunderstanding the complexities of insurance. (I have tried to answer based on my job as I do have knowledge of insurance, but some advice screams WRONG!)

vax2002

Bangton wrote: »

wrote: »

Completely untrue...an insurance company would not sherk out of paying a genuine claim -)

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

To come on a forum where dozens if not hundreds of people have been screwed over by insurance/ warranty companies with such a ridicules statement well, it beggars beliefs, as you say you have connections in insurance I think we worked that out...

Bangton

I refer to the fact that they are not going to tell him to get lost because he doesn't know anything about liabilities

Quentin

vax2002 wrote: »

You get 3 estimates for the damage and you send them to the owner of the vehicle that rolled in to yours, you tell them that any correspondence rejecting liabilities from his insurance will result in immediate issue of county court proceedings for the damage.

This doesn't help the OP!

The third party would simply pass on the correspondence to his insurer to deal with. (Hopefully for the OP, they agree to pay for the damage).

But if for some reason they refuse, and the OP were then to issue court proceedings (at his expense), then although these proceedings would be issued in the name of the third party, it would still be the third party's insurer who would take over the defence.

Much better advice is for the OP to get some advice (he has legal cover) on where he stands, and to let his legal cover pursue his losses. If any court proceedings then end up being required, then they will pay for them! (Assuming they think it worthwhile)