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

Quentin

doobyjangler wrote: »

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

Because you only have third party cover then don't expect any direct help from your insurer (except them possibly wanting to pass your details on to a claim handler for a commission!)

System

doobyjangler wrote: »

Hi folks

My car has ended up with considerable damage to the front bonnet, bumper and side panels. Both my back window and his are smashed.

A patrol car pulled up (9am) and rang it in also noting that it had either rolled due to mechanical failure or had been shunted into mine.

The owner is on holiday at the moment but i've reported it to my insurers aswell as attending the local police station with my details etc like a good citizen.

......

I'm left in limbo now - waiting for him to return from his hols to find the car (poor bloke) but also with 2 cars and glass all over outside the house, supported by my handbrake alone that neither police (put some bricks behind wheels) nor insurer seem to be bothered about.

What does anyone think my options are here?

.......

I'll not add anything more to the discussion about the claim, but I wanted to ask about the neighbours car whilst they are on holiday.
You say their window is smashed and that you used bricks to stop it rolling further downhill.

Didn't the police make the vehicle safe knowing that the owner was on holiday ?

The car will get more damage when it rains through the broken window and will be a target for thugs / car thieves etc.

If you do not have any contact details for friends or relatives of your neighbour, then I would recommend that you phone the council to report the fact that the car is unsafe parked on the public highway with no brakes applied, if someone removed the bricks it could cause more damage or injury, the council may do something to make it safe (like tow it away)

doobyjangler

Thanks everyone, will be looking into my options through this legal expenses cover i have.

Have told authorities about the 2 unsecured and potentially hazardous vehicles however they all didn't make any comment bar the police who told me to put said bricks behind mine.

thenudeone

vax2002 wrote: »

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.

The insurers are legally liable to a third party for any damage caused by their policyholder's negligence, so of course they have a duty to correspond with anyone who has reason to believe that their policyholder is liable.

If you couldn't make a claim directly, why does the askmid website state:

If there has been a motor accident and you need to check the other vehicle is insured, for a nominal charge, search the Motor Insurance Database (MID) to help determine if the other vehicle is insured.

The date of the accident and the registration details of the other vehicle are required to search on askMID. If the registration is found on the MID, you will receive on screen the insurance details: policy number, name of insurer and the claims contact details to help you progress a claim.

vax2002

The fire service will attend and make the vehicle safe following the collision, it is within the remit of the fire service (making vehicles safe following road traffic collision)
As the vehicle is posing a further danger to public I would call and speak to the local fire officer about having it made safe following the collision.

On insurance I think a lot of people have been taken in by worthless text upon websites, you can NOT claim on someone else's insurance, you submit a claim and the other party claims on their insurance as they hold the contract.
The insurance company can choose to meet the other parties liabilities or they can reject to do so but that does not rebut your lawful right to seek recourse from the responsible party.
Never has done and never will and if it ever does, nobody will ever get paid again by any insurance.
The advice I have issued is correct.

System

doobyjangler wrote: »

Thanks everyone, will be looking into my options through this legal expenses cover i have.

Have told authorities about the 2 unsecured and potentially hazardous vehicles however they all didn't make any comment bar the police who told me to put said bricks behind mine.

Don't rely on trying to hold the police responsible if your car or your neighbours car rolls away and injures or kills someone, they would deny it all.

If some thug comes along and kicks the bricks out from under the wheels, and the car(s) start to roll downhill, you could be held responsible for any resultant damage (I would expect), do you want to take that risk ?

You should insist that the council either come to make your neighbours car safe or tell you who is responsible (maybe the fire brigade as per previous post) so that you can move your own car to make your own car safe.

Quentin

vax2002 wrote: »

...you can NOT claim on someone else's insurance, you submit a claim and the other party claims on their insurance as they hold the contract.
The insurance company can choose to meet the other parties liabilities or they can reject to do so but that does not rebut your lawful right to seek recourse from the responsible party.
Never has done and never will and if it ever does, nobody will ever get paid again by any insurance.
The advice I have issued is correct.

You are incorrect......

Regarding not being able to claim on the third party's insurance, of course you can.

If you have no insurance (or in the OP's case no comprehensive insurance) you have no other insurer to claim off!

Many insurers now have "innocent third party" departments who will happily accept claims from parties who have been involved in incidents with their insured clients (as long as liability isn't in dispute).

As previously posted, when you try to "seek recourse from the responsible party", then all the responsible party does is pass your correspondence on to their insurer to deal with, thus it is much quicker to go straight to the insurer!

doobyjangler

Back for an update folks - like a bad smell.


Both cars are still outside :mad: nearly 12days later.

The other car's owner has allegedly been out of the country for over 6weeks and may not be returning :rotfl:

He has however had an acquaintance give some deliberately misleading information to the police re: timescales (original attending seargent from that morning non too pleased with this as they're saying damage to my car happened days later than it did and she obviously witnessed the contrary).

Morethan his insurers are refusing to have his car extracted from mine as they don't have permission and can't/won't track him down (his wifes still in UK at same address and presumably a named driver) - it's my responsibility to pay for his to be moved apparently and then claim back from them.

I still can't risk moving mine

Great innit?

Day off tomorrow so going to kick off but in all honesty after reading around 1000 pages on this forum concerning claims handlers, knock-on effects as far as premiums are concerned etc i just want the damn thing done.

Seriously tempted to just pay my £70 excess for the back window and tape the bloody front bumper up!!.

Just need his bloody shifting - absolutely amazed that authorities are still happy to leave the scene as it is.



Anyways, just letting off steam, thanks again for the earlier comments. :beer: