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Rear ender

Had someone crash into back of me a couple of weeks ago. Got in touch with insurers (avviva) and they have said they have given third parties insurers (tesco) 14days to accept liability.

Not heard from them as of yet. 2 weeks is up Wednesday. Bit impatient but I would of expected to hear something from them by now. I don't see how they could deny liability?

Comments

  • hugoshavez
    hugoshavez Posts: 586 Forumite
    oz0707 wrote: »
    Had someone crash into back of me a couple of weeks ago. Got in touch with insurers (avviva) and they have said they have given third parties insurers (tesco) 14days to accept liability.

    Not heard from them as of yet. 2 weeks is up Wednesday. Bit impatient but I would of expected to hear something from them by now. I don't see how they could deny liability?

    Are you waiting to get repairs done so you don't have to pay the excess? It can be a "piece of string" scenario.

    If there's no injury involved you might prefer to contact Tesco directly and let them arrange repairs to your car and provide a replacement while it's in the garage.

    Of course this is also dependant on them admitting liability.
  • oz0707
    oz0707 Posts: 918 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Yeh waiting for them to admit liability. Already knocked back 3rd parties offer (gemini) /tesco. I can hold out, my vehicle is still drivable. Just have to wait while feet are dragged.

    I've got photos of accident and phone calls off the womans husband admitting liability. Plus surely the fact that Gemini (on behalf of tesco) contacted me to arrange repairs at 3rd parties expense indicates the 3rd party has already put thier hands up to their insurer?
  • forgotmyname
    forgotmyname Posts: 32,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My mums claim took over 2 years....
    Censorship Reigns Supreme in Troll City...

  • hugoshavez
    hugoshavez Posts: 586 Forumite
    oz0707 wrote: »
    Yeh waiting for them to admit liability. Already knocked back 3rd parties offer (gemini) /tesco. I can hold out, my vehicle is still drivable. Just have to wait while feet are dragged.

    I've got photos of accident and phone calls off the womans husband admitting liability. Plus surely the fact that Gemini (on behalf of tesco) contacted me to arrange repairs at 3rd parties expense indicates the 3rd party has already put thier hands up to their insurer?

    No harm in chasing up your insurers on Tuesday. Even suggest you're happy to hold while they call Gemini/Tesco (ie, let them know that you're not getting off the phone until they do...;))
  • Quentin
    Quentin Posts: 40,405 Forumite
    Your own insurer won't be chasing the third party as until you make a claim they have nothing to pursue them for!

    As liability seems with the third party then why not cut out the hassle of claiming off your own policy (where you will have to pay your excess then get it back off the third party and temporarily lose any unprotected ncd till the case is concluded) and tell gemini that you want the repairs done at your choice of garage. They will also sort you out with a replacement car whilst repairs are done, and no excess etc.
  • oz0707
    oz0707 Posts: 918 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Spoke to insurers today. They've sent tesco a letter, no response. Called them, got sick of waiting on hold (professional!) so sent another letter. They have contacted the third party directly though.

    Third party is now disputing liability. Their version of events is that there was ice on the road. I braked suddenly and slid, then they admitted braking and sliding into the back of me. I could understand if I had braked for no reason. However I braked to avoid an accident which happened in front of us and after being hit from the rear I came within about 5 foot of the vehicle in front. So I had reason to suddenly brake. Also regardless surely they should have left enough distance to stop?

    I don't understand how I could be liable? However the gal at the insurers informed me that it's not that uncommon for third parties to dispute liability in these cases. The view of my insurers is that it is still a no fault claim on my behalf. Also she said that when they contact third parties insurers it could be that they inform the third party that it will be un-defendable(sp)?

    Apparently gemini contacting me offering to fix vehicle will have been on a without prejudice basis!
  • forgotmyname
    forgotmyname Posts: 32,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the road was icy then they should have left more distance between you and them.

    You braked and they couldnt stop. Either they were too close or their tyres or brakes are defective.
    Censorship Reigns Supreme in Troll City...

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