Advice Needed - third-party insurer stalling !!

DougalButler

Hello all !

I have an ongoing problem following an accident my car was involved in at the start of September this year. My neighbour knocked on my door one afternoon to tell me that both his car and my car had been involved in a ‘hit and run accident'. He had heard a large bang and came out of his house to see a red car driving away from the scene of the accident. As we live in a quiet cul-de-sac there was no possibility that any other car had been involved other than the red car.

Both his car and my own car suffered extensive damage from the accident. Following the accident my neighbour and I found a red car parked locally with extensive damage consistent with being involved in our accident. Pieces of the red car were retrieved from the scene of our accident, and these matched the paintwork and damaged area of the car we had found. I took pictures of both my car, my neighbours car and the red car we had found.

Both my neighbour and I reported the incident to the Police immediately by telephone and subsequently completed the Accident Self Reporting Forms with the Police.

2 weeks later my neighbour informed me that the Insurance Company of the red car had admitted liability for causing damage to his car. This was repaired at the full cost of the third-party. My car was quite old and I was only insured third-party, fire and theft but I did have Motor Legal Cover. I gave all relevant details to my solicitor who has been dealing with the third-party insurer.

The problem I have is that the third-party has not admitted or informed their insurance company of colliding with my car, but only my neighbours. I have a written statement from my neighbour confirming what he saw, photos of all of the cars involved and pieces of the red car retrieved from the crash site. The photos clearly show red paint matching the third-party’s car on my bumper from the accident. My neighbours car and my own were parked 15 yards apart on the same side of the road at the time of the accident - what is clear is that the driver collided with my neighbours car first and then my car. It's madness that they are denying involvement in my accident too, and they are clearly trying to save their own insurance going sky high.

The third-party’s insurer has had an engineer inspect my vehicle, and this has confirmed it as a write off. He has valued my car as being worth £900. After my solicitors involvement they then made an offer to settle for this figure then reneged on it. This was because they wanted a copy of the Police Report for the accident. As the Police didn’t attend the scene of the accident there is no Police Report. My solicitor has stated time and again that this does not exist but the third-party is insistent on holding things up unnecessarily by asking for it. BTW My solicitor has reported problems contacting the third-party's insurer who are refusing to answer calls and delaying replying to her e-mails.

How should I best proceed/what are my chances of success here ? - should I instruct my solicitor to serve notice before action on the third-party now or ask my solicitor to put pressure on the third-party’s insurer to settle based on the strong evidence I have ?

Thank you for any advice you can give

vax2002

I would ask your solicitor to serve papers on the third party, they have had enough time.

DougalButler

I have also complained to the third-party's insurer, and said their actions are unreasonable in asking for documents that don't exist/they have all the info pointing out their insured's involvement. I have said that if they don't deal with my claim in 7 days that i will instruct the FSO (Ombudsman) - that was 2 days ago.

Whilst my solicitor doesn't want to wait forever he feels that the fact they have made an offer before (but reneged on it), had an engineer inspect the car, and have said they have doubts as to whether their insured is telling the truth means that they are considering it.....

vax2002

You have no legal obligation to deal with an insurance company to which you hold no contract.
The negotiations have become frustrated, this is what happens when you play fair.
They take the %%%
Tell your solicitor enough has passed serve notice on the driver that he is to be sued in county court, not a notice before action, a served notice of impending action with an invoice for losses attached.
Wait 14 days then file a claim.
My money says you get a cheque through the post before the 14 days are up.