Drunk pedestrian-how to claim back NCB??

houghy_1

Hi, i need some advice on how to claim back money so i can get my NCB back to where it should be.
In November 2011,a drunk pedestrian tried crossing the road in front of me as i was doing 30mph and basically ended up in my windscreen and back onto the floor with minor injuries.
He accepted full responsibility at the time while in the ambulance.
The damage to my car was a small dent to the bonnet and a small dent to the roof on top of the completely smashed windscreen where he'd hit.
At the time there was me,my Father in law to be and my 18month old in a car seat behind me.
Because the damage was only minor and i couldnt afford the £450 excess to have the damage repaired i decided to only pay the £75 windscreen excess.
I dont know how to go about claiming back the money that is needed to get back my NCB,or the £75 windscreen excess.
Direct Line say £208 is the amount they need to re-instate my NCB.
I had cosidered to just pay the money then try to claim it back but thought why the hell should i!??

Any help or advice is greatly appreciated!!!

Quentin

Are you sure you have lost your ncb!?

Windscreen claims with dl normally do not impact ncd.

houghy_1

Quentin wrote: »

Ate you sure you have lost your ncb!?

Windscreet claims with dl normally do not impact ncd.

Yes,i had 6 years NCB and at my renewal they had knocked them back to 3 years as they are out £208 due to the recovery of my car and not being able to claim it back against anyone.

InsideInsurance

If your insurers have decided it is not worth while trying to pursue the TP for the monies then you are probably flogging a dead horse.

To get the NCD back you'd need to repay the recovery costs to your insurers. You'd then need to pursue the TP for your outlay.

Being honest, you are unlikely to be able to prove the pedestrian 100% liable for the incident if the thing is contested. I cannot think of a single case I ever dealt with where this was the outcome.

houghy_1

I've heard that I'd need to go through civil courts? Is that true?
If I did what chance of reclaiming my money do I have?

InsideInsurance

You'd go through the courts only if:

1) They dispute liability
2) They dispute quantum (value)
3) They cannot afford to pay but you think they can

You must first try and resolve the matter outside of the court system. There is no way of predicting your chances of success without knowing a lot more

Buzby

Similar situation as you, this time not a drunk, but a 12 year old who waited at the roadside looking directly at me, looked across a her pal then leaped out with no warning.

I was blameless, and the police and witness's agreed I had no fault. I paid for my replacement bonnet, and my costs were £320. I wrote to the parents asking for my costs to be reimbursed, and they declined. You may be more fortunate, but should the person not pay the bill you present, then it is only the courts who can regularise the problem, under pain of a CCJ.

Quentin

:beer:

houghy_1 wrote: »

I've heard that I'd need to go through civil courts? Is that true?
If I did what chance of reclaiming my money do I have?

First write and ask the third party to reimburse you (add on the £75 excess you paid out, and any other expenses you were put to).

If that doesn't work then you can consider using the court. Read up on MCOL to see how it works.

But if the third party has no money or assets then this is a waste of your time and money (you have to pay all court costs up front, and only get these refunded by the third party if you win and he has the means to pay you)

(Though as your insurer hasn't pursued for this money, maybe it's a lost cause!)

thenudeone

houghy_1 wrote: »

I had cosidered to just pay the money then try to claim it back but thought why the hell should i!??

er... because the insurance company has paid out?

If you make a claim, that means you lose your no claims discount.

It's not that difficult to understand is it?

Do you have motor legal cover (aka uninsured loss recovery)? If so, get them to pursue the pedestrian through the courts for recovery of your costs. Otherwise find a no win no fee solicitor.

InsideInsurance

thenudeone wrote: »

Otherwise find a no win no fee solicitor.

At present it is a small track case and so no win no fee will not entertain the matter as even if they win they'd be unable to claim fees from the TP

Quentin

thenudeone wrote: »

.....Do you have motor legal cover (aka uninsured loss recovery)? If so, get them to pursue the pedestrian through the courts for recovery of your costs. Otherwise find a no win no fee solicitor.

Uninsured loss recovery would only go for the £75 excess. (The other costs appear to be "insured losses" which the insurer cannot recover from the third party).

And uninsured loss recovery will only go to court using the criteria that:

1) They have a good chance of winning

2) The defendant can pay