Car smashed from behind - Need advice

mishbha

Hi,

I've posted this in CAB forum too with hopes that someone can provide the right advice. Posting here again as it said that it would be better to post the topics other than specific ones in other boards for better response. Please move, if required.

Yesterday when I was driving back after picking up my daughter from school, a car smashed into my car from behind. I was waiting at a roundabout for my way and as soon as I started to take the first exit, a car smashed into mine from the back(seems she was following me closely). It shook me and my daughter severely. I'm 3 months pregnant too. I stopped just after the exit and the lady in the other car came out apologizing. She said it was just a mistake and that I thought you have gone. A "Sorry" was not acceptable as she had damaged by bumper. She was not ready to give any of her details, so I took the photo of her car and thought I could sort it through insurance company. The lady said that she does not have any mobile phone and gave me a landline number which turned out to be a wrong one. It was my mistake that I did not call the police. But I'm going to report it to the Police now.

Today when I called my Insurance company, they gave me the culprit's Insurance details and asked me to call her Insurance company. I called them and gave them all the details. Later her Insurance company person called and said that our client says that they have not been involved in any such incident, so they can't help! I have sent them the pics I took, but I don't know what will happen.

Please, please, can someone help? What can I do if the other lady's insurance company refuses my claim because she has been denying any charges? Are there no rules or law to bring such people to justice? Please advise what should be my next steps. Can I take her to Small claims court?

Thank you very much.

victor2

mishbha wrote: »

Today when I called my Insurance company, they gave me the culprit's Insurance details and asked me to call her Insurance company.

Do you have fully comp insurance? If so, the above statement doesn't make sense. You've informed your insurers and they've told you to contact the other party's insurers?

mishbha

Hi Victor2,
Yes, I have fully comprehensive car insurance. I thought that they advised me so that it does not show in my records or something if it is settled with the other person's Insurance company directly. But it seems your concern is right. I should rather tell my Insurance company to chase it for me..

McKneff

Under normal circumstances it is much easier to deal with the third party's insurance company, and quicker, if they admit liability.

As you are having difficulty with this, the best think you can do is leave it all in the hands of your insurance company. You may have to sue separately for uninsured losses ie excess.
Good luck, if there is damage to her car there is no way she can deny the incident.

Did you have any witnessess, it may be that someone has borrowed her car and she doesnt know about it. Yet.

InsideInsurance

It still has to show on your record irrespective of if your claiming direct or via your insurance.

Given there is a dispute it is up to you if you now ask your insurers to deal with it all for you or alternatively decide to pursue the matter yourself.

You can issue court proceedings against her and her insurers will respond on her behalf. Of cause it could well be the car had fake plates on it and so the person who's insurance you called actually isnt the TP and it is correct that they say their client hasnt been involved in an accident.

mishbha

Thanks McKneff. Unfortunately, I have no witness apart from my daughter. It just didn't strike me then to ask people around to provide witness.

McKneff wrote: »

Under normal circumstances it is much easier to deal with the third party's insurance company, and quicker, if they admit liability.

As you are having difficulty with this, the best think you can do is leave it all in the hands of your insurance company. You may have to sue separately for uninsured losses ie excess.
Good luck, if there is damage to her car there is no way she can deny the incident.

Did you have any witnessess, it may be that someone has borrowed her car and she doesnt know about it. Yet.

McKneff

I know it is awful for you, but leave it all in the hands of your insurance company, that is what you have paid them for.

Good luck

Hope all turns out well for you.

fivetide

McKneff wrote: »

I know it is awful for you, but leave it all in the hands of your insurance company, that is what you have paid them for.

Good luck

Hope all turns out well for you.

This. It seems your insurance tried to cut some costs for a clear non-fault. Not too bad of them, but now the other person is being silly, get on to your insurer and have them pursue it.

It will show up as a non-fault claim and you may well get a premium rise as a result though. You'll be deemed higher risk no matter what I'm afraid.

Sooler

I had same situation - car went into back - their insurance co had no report of the accident from their client so refused to pay out.

I had Legal Aid Assistance on the policy so my insurance co instructed a solicitor to persue the loss.

They issued procedings against the other person, stating they were responsible and liable, demanded payment - else they would be taken to court where they would have had 'no defence' because they had not reported it to their insurance co. No idea what the legal aspect was.

Went on a few weeks, the other insurance co paid up - refused their first offer, recovered all costs and losses in full.


If you haven't got Legal Aid Assistance, try a no win no fee outfit as it's been suggested that it's not worth having Legal Aid on the policy these days as you can use no win no fee instead.

After that incident I always take the legal aid option - saves a ton of hastle.

Wongsky

Sooler wrote: »

I had same situation - car went into back - their insurance co had no report of the accident from their client so refused to pay out.

I had Legal Aid Assistance on the policy so my insurance co instructed a solicitor to persue the loss.

They issued procedings against the other person, stating they were responsible and liable, demanded payment - else they would be taken to court where they would have had 'no defence' because they had not reported it to their insurance co. No idea what the legal aspect was.

Went on a few weeks, the other insurance co paid up - refused their first offer, recovered all costs and losses in full.


If you haven't got Legal Aid Assistance, try a no win no fee outfit as it's been suggested that it's not worth having Legal Aid on the policy these days as you can use no win no fee instead.

After that incident I always take the legal aid option - saves a ton of hastle.

Don't some insurance companies offer it, if you are in a situation where you might need it (ie this sort of situation with a claim) for roughly the fee they'd charge at quote time?