where do I stand

gsmw

I recently had a replacement car while mine was under repair.
My home was entered and a bunch of keys taken .
The thief then unlocked the garage and stole the car.
The car was later found damaged.
The thief has not been apprehended as yet.
The police have got no forensics from car, witnesses or cctv.
Later it emerged that this car hit a parked car causing around £2000 damage.

I had to pay my excess but my insurance company paid up for the damage to the replacement car off the insurance for my car.

The parked car's insurance company will sort his cost less excess.

The irate owner of the parked car is now hassling me about his excess.

Where do I stand legally?

Quentin

Pass his correspondence on to your insurer who will sort this out. If hassle turns into harassment report it to the police.

Sgt_Pepper_2

gsmw wrote: »

I recently had a replacement car while mine was under repair.
My home was entered and a bunch of keys taken .
The thief then unlocked the garage and stole the car.
The car was later found damaged.
The thief has not been apprehended as yet.
The police have got no forensics from car, witnesses or cctv.
Later it emerged that this car hit a parked car causing around £2000 damage.

I had to pay my excess but my insurance company paid up for the damage to the replacement car off the insurance for my car.

The parked car's insurance company will sort his cost less excess.

The irate owner of the parked car is now hassling me about his excess.

Where do I stand legally?

Your insurance should cover his damage.

InsideInsurance

Pass it to your insurers and they will deal with the matter as required by law. If the person themselves continue harassing you post you passing it to your insurers then report it to the police.

If your insurers have to deal with it or not depends if the thief (or more actually the driver at the time of the accident) is ever identified or not.

dacouch

Sgt_Pepper wrote: »

Your insurance should cover his damage.

Generally subject to the driver being identified as per II's post above

vaio

Surely as the car is identified then the parked car owners excess will be paid either by the hire car insurer under RTA or by the MIB under untraced driver?

dacouch

vaio wrote: »

Surely as the car is identified then the parked car owners excess will be paid either by the hire car insurer under RTA or by the MIB under untraced driver?

vaio wrote: »

Nah, I’m pretty sure that RTA s151(2)b http://www.legislation.gov.uk/ukpga/1988/52/section/151 extends any policy to include third party cover for "all persons" (including thieves) so if the driver is identified then the vehicle owners insurance will pay for the damage to the OPs car plus consequential costs.

OP………

If he’s not identified then you have the option of claiming on your own insurance or claiming on the MIB.

Claim on your own insurance and you’ll lose NCB and get a future premium loading for a “fault claim” and you’ll only be entitled the benefits that your policy provides for.

Claim on the MIB and your NCB stays and you only end up with a “non fault” claim on your record so likely much less (if any) future loading. You’ll also be able to get car hire and consequential costs that you probably won’t get from your own policy.

I’d be surprised if the MIB are taking three years to settle simple claims, might be worth giving them a ring to check that and discuss matters generally before you make a decision.

http://forums.moneysavingexpert.com/newreply.php?do=newreply&p=43327940

vaio

thanks...

So if the driver is identified then the RTA insurer is liable for the damage to the parked car and if the driver remains unidentified then the MIB will pay under the untraced driver agreement?