Car insurance dilemma

smileygonzo1961

A third party drove into the side of my car last year, they admitted liability when I took their details. Now many months on my broker has told me that the third parties insurer is Tesco and they won't pay for damage to my car because they can't get in contact with their client and get details of the accident. My broker told me that Tesco don't have to get back to them within a set period of time and this could take many more months to sort out?

Not only is this inconvenient, I am also concerned that the damage to my car may be dangerous and could result in a accident. So, I am left driving a car that might be un safe because Tesco can't locate their client!

Can anyone help me or advise me on how I can get this resolved?

Many thanks.

mattymoo

It is a difficult situation and one that rules out many options for you. For instance, many of the help hire firms who lend cars out to innocent motorists may not be interested in helping because Tesco cannot locate their client.

If you think about things the opposite way around for a moment, Tesco need their client's permission to handle your claim. If they went ahead and paid you and reduced their client's no claims discount then the client will kick up a stink at renewal.

It is possible of course that the client has moved house since they took the policy out.

To proceed you can do one of the following -
- If you have comprehensive cover, claim from your own insurers and ask them to reclaim their outlay from Tesco. You will need to recover your excess. This is the best option since you have paid more for comprehensive cover and you are normally entitled to a courtesy car.

- If you have legal expenses cover, ask them to take up the cudgels on your behalf. The threat of legal action will usually result in the insurer finding their client.

- If you are on your own and you have the money you could indicate to Tesco that you will be proceeding with the repairs and will be hiring an equivalent car while repairs are carried out. Hire car costs are pretty high and insurers want to minimise this, perhaps by asking you to use their own repairer / courtesy car.

Ask them to confirm that the insurance policy details you have are correct and that they will be dealing with as insurers or "road traffic act" insurers. RTA insurer is a term used when there is no valid insurance. It can arise if the driver was not covered for that car or the premium had not been paid. The RTA requires them to deal as RTA insurer and settle third party claims (like yours) but gives them the right of recovery against their policyholder.

Alternatively, if money is not available for repairs or you don't wish to risk losing it, consider commencing legal procedings against the other person. If the claim is below £5k then it will follow the small claims procedure. You simply fill in the form to indicate the reasons you are making the claim - as a result of a motor accident on x date in y location etc.
The amount of claim will need to be marked as "damages to be determined but not exceeding £5k". Take the courts advice on this part. You then have the summons served (by post) at the persons address. Hopefully that will make them sit up and notify their insurer.

smileygonzo1961

thanks for your advice. much appreciated.