Third Party Insurers Refusing Liability

gazfocus

At the beginning of August, I was approaching a roundabout in the right hand lane when a small van pulled out from the left hand lane, right into the passenger side of my car. The other driver (a polish guy) tried to get me to admit liability, which I didn't do but I did take photos of both vehicles.

The following day I phoned my insurance company to ask them to make a claim against the third parties insurers, I sent off my statement with a diagram of the accident, photos of both vehicles and aerial shots of the location from Google Maps, however, 2 months on and they are still disputing liability.

Really it should be an open and shut case - the front of his van hit the side of my car. The only way it could've been my fault is if my car was somehow driving sideways.

Anyway, I spoke to insurance company today and they said they have received a response from the third party insurers to say they are still disputing liability and meanwhile, my car has a big dent in the side and I'm due to change the car and need it fixing so I can part-ex it.

Is there any way I can escalate the claim to someone that will actually make a decision or can I take the third party to small claims court?

Thanks

dispossessed

Did your insurers tell you on what basis your claim against the other driver was being disputed ?

I would ask if they could forward the correspondence etc

gazfocus

dispossessed wrote: »

Did your insurers tell you on what basis your claim against the other driver was being disputed ?

I would ask if they could forward the correspondence etc

No, they haven't said. One of the first people I spoke to when I filed the claim admitted that it should be an open and shut case. What frustrates me more is that my insurance company said the third party insurers have 3 months to make a decision but if they go over the 3 months there's nothing my insurers can do but keep persisting.

McKneff

Forget the small claims court.
All you can do is leave it in the insurance peoples hands.

Keep pestering your ins. company they will get fed up of you and escalate it.

gazfocus

Is it worth contacting the third party to ask what grounds they're disputing liability on?

dispossessed

McKneff wrote: »

Forget the small claims court.
All you can do is leave it in the insurance peoples hands.

Keep pestering your ins. company they will get fed up of you and escalate it.

Identifying who is your "case manager" and then maintaining regular contact is certainly a good idea. I like e-mail in these circumstances so that one has a record.

I would tend to start with a compliment such as "thank you for your work on my behalf so far.....". They probably haven't done b

---

r all - but already they like you !

BertTheRaccoon

The insurers only have a 3 month investigation period if one of the parties is claiming for injury.

Ask you insurers if the other party is claiming for injury (I assume you are not as you have only mentioned the damage aspect to your vehicle).

Really speaking, this matter needs taking out of the hands of your insurers as far as the recovery of your losses are concerned as all your insurers are probably doing is engaging in an exercise of "we're right, you're wrong" correspondence with the other side.

If you can document the cost of repairs to your vehicle and any other uninsured losses, it is time your insurers either referred you via your legal expenses insurance to a firm of solicitors on their panel, or you have to look at appointing a solicitor directly to look at issuing proceedings against the other party.

If you don't have injury to claim for, then your case is as desirable as bum cancer to a solicitor as there are minimal costs awarded in the small claims court, although if your Polish friend counterclaims for injuries then it becomes a more profitable exercise for your lawyer.