Car insurance claim - please help

Jiggaok

Hi guys. I hope someone knows how this scenario should pan out.

The story:
A friend of mine was driving my car and was hit by a third party (driver a) from behind, whilst he was stationary in traffic.
Now my friend and I both have fully comp insurance on our vehicles. However as per his insurance policy he is only insured to drive my car with third party insurance, from his insurer.
Now I have driver a's licence plate and his name but has refused to give his insurance details.

As my friend was driving my insurance company has stated that they cannot deal with the claim or give me a courtesy car.
As my friend is only insured to drive my car third party his insurance company has stated that they cannot deal with it or pay for the vehicle he was driving(mine).

Does anybody know how I move forward as I have no car and no courtesy and more importantly no one is even coming to inspect my car and write it off.

Please help. Thanks guys:)

BertTheRaccoon

First of all, report the incident to the police as the third party is in breach of his obligation to provide insurance details after knowingly being involved in an accident - Section 154 of The Road Traffic Act 1988.

Go to https://www.askmid.com and do a free check to see if there is a record of insurance held for that vehicle. This will only tell you if there is an insurer recorded for that vehicle on the day of the incident.

Surprised your own insurers have not offered to refer you to a separate claims company to pursue a non-fault claim.

Quentin

Lee_Jones wrote: »

First of all, report the incident to the police as the third party is in breach of his obligation to provide insurance details after knowingly being involved in an accident - Section 154 of The Road Traffic Act 1988.........

No offence for the police to deal with if no one was injured

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Jiggaok wrote: »

.

Does anybody know how I move forward as I have no car and no courtesy and more importantly no one is even coming to inspect my car and write it off.....

You had no insurance cover for any damage to your car whilst your friend drove it, so no one will be interested in coming to see your car.

As you have no cover you now need to pursue the third party yourself, either DIY, or use a solicitor/claims handler.

If you want to DIY, then get in touch with the third party insurer (use ASKMID first to see if any insurance is in place (free), then to find out who the insurer is - (costs £4). Then contact the insurer and see if they have an innocent third party claims dept to help you.

Otherwise instruct a claim handler or solicitor to sort it for you.

(Don't worry too much if the other vehicle is uninsured - which may explain why the driver won't give details - as the MIB uninsured scheme will help if necessary)

BertTheRaccoon

Quentin wrote: »

No offence for the police to deal with if no one was injured

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Agreed Quentin, but for a damage only claim, the MIB still want a report made to the police, or they could exclude the claim. Untraced driver agreement claims require the incident to be reported to the police within 5 days.

The name details he has may be fictitious and therefore the other driver could be "untraced"

Quentin

Lee_Jones wrote: »

Agreed Quentin, but for a damage only claim, the MIB still want a report made to the police, or they could exclude the claim. Untraced driver agreement claims require the incident to be reported to the police within 5 days.

The name details he has may be fictitious and therefore the other driver could be "untraced"

You originally wrongly advised the op to "first" report to the police that an offence had occurred by under the RTA 1988 s 154 of failing to provide insurance details which was nonsense.

Instead of standing corrected you now cloud the issue by bringing the untraced driver scheme up, (even though no hit and run here), when the concern voiced was whether there was an uninsured driver involved???

BertTheRaccoon

http://www.legislation.gov.uk/ukpga/1988/52/section/154

olly300

Lee_Jones wrote: »

First of all, report the incident to the police as the third party is in breach of his obligation to provide insurance details after knowingly being involved in an accident - Section 154 of The Road Traffic Act 1988.

It may be news to you but lots of people don't know their insurance details off hand.

However this doesn't mean they won't give you their name and address/phone number.

Though if the person is insured and it's a non-fault accident you don't even need that.

BertTheRaccoon

olly300 wrote: »

It may be news to you but lots of people don't know their insurance details off hand.

However this doesn't mean they won't give you their name and address/phone number.

Though if the person is insured and it's a non-fault accident you don't even need that.

Read the original post.

The other party has REFUSED to give his insurance details.

I see this day in day out and it may even be found that the address and name are fictitious. So the car may not be insured. So the eventual route the claim will go is the Motor Insurers Bureau.

On the facts outlined in the original post and assuming the lack of being able to verify the identity of the actual driver. The MIB will deal as an untraced claim.

None of the above may happen at all, but if he waits 2 weeks before realising he has been had over and then reports to the police or even goes to a solicitor or claims management company, if the claim goes to the MIB they will reject it due to no reporting to the police within 5 days of the incident.

So I thought it prudent that the original poster protected his right to claim via the MIB by simply reporting the incident and refusal of the other party to supply insurance details to the police.

jigggok

Hi guys,

Thanks for all your help with this.
Please don't argue at my account!

I have now checked and seen that the vehicle itself had insurance on it at the date of the accident. Unfortunately the insurers are closed until tomorrow.

My question is as long as the actual driver is named on that policy, will they now being some kind of proceedings?

Also, do you know where I stand if the driver is not a part of that policy?

Thanks again guys - you've already been a massive help:T

Buzby

If you mean legal proceedings - no. The insurer will take the details and advise further. If the driver is not part of that policy, it becomes a MIB matter as an uninsured driver.

BertTheRaccoon

If there is an insurance policy for that car, they will have to deal with the claim unless their policyholder can prove they had sold the vehicle.

Alternatively, if the person driving the car had borrowed it and was driving it under an extension of his own policy, those insurers would deal.

If your own insurers aren't willing to refer you to a company they have a relationship with for dealing with non-fault claims, then seek out the services of an accident management company. Or just go to a reputable garage/ bodyshop for an estimate, they will have relationships with accident management companies.

Try speaking with the other driver again first to check if he is willing to divulge his insurance details. If he won't then take the above steps.