Car Insurance RTC nightmare, 3rd party wont report accident. please help me!

Dom29

Hello,

I was involved in a car accident on the 9th of april , the guy reversed into me when i was stationary.

My car is damaged the wheel bearing is !!!!!!ed , the back quarter and door is squashed. and both me and the passenger sustained injuries.

So we swapped details the 3rd party said he would report it as soon as he got home and we went to the hospital...

Few hours later i rang my insurance company Asda who then referred me to a separate company called Accidents happen who would arrange a hire car for me.

Anyway a week later i rang them back and they refused to do anything until the 3rd party admitted liability , the guy hasnt even rang in!

I have pictures of both cars , with the man who was driving in the photos showing the damage to both his and my car,

So rang the co-op up (the 3rd parties insurer) they told me that they would send a letter he had 2 week to respond , another he had another 2 week and another and he has 1 week to respond.

Anyway left it until the 1st of may when i called accidents happen again , they say they are still chasing the liability fault but a final decision will be made on the 9th of may (yesterday)

So i rang on thursday at 9am was told "the guy that deals with your claim is on a call and will call you back" ... 1pm no call so i ring them back "your guy is on his dinner he will call you back" ... 3pm Call again "oh your guy has gone home now and wont be back until the 14th , 5 days later..

Anyway at that point i rang co-op up to ask them whats happening , they tell me that accidents happen should have rang them on the 8th which they didnt and they have not had contact with the 3rd party so we can offer you a very small amount of money but not the full amount as we cannot contact the 3rd party, which isnt good enough because it wont cover the injury claim or even the damage to my car!

Rang back accidents happen kicked off and told them how unhappy i was about doing their job , so he then rang co-op from a direct number which i provided!

He then called me back 20 mins later and said there was nothing he could do until the 3rd party answered his phone as he had tried to ring 3 times and every time the phone call was canceled , i then asked "what if he never answered his phone?" and their reply was there was nothing they could do and it would have to go back to my insurance company.

Im really upset and fed up as im the victim here i have done nothing wrong he hit me but i must have spent a load on phonebills with these 0845 numbers and its really really getting me down , any advice would help! Should i take him to a small claims court?

I have spoken to the police and they say its a civil matter even though we were injured?

Obviously the 3rd party knows he is at fault because he is ignoring the insurance company on purpose.

My own insurance company also told me to give the man a call myself!? even though this is what they are paid for.

Please help!

tasticz

Going through similar problem but in my case third party declining liability

I hope you have legal cover if so give them a ring and see what they say they usually take on cases like this without any hesitation they will recover injury + uninsured losses

If I were you and haven't received courtesy car ring your insurance company and make a claim through your own insurance ( wil suspend your ncd until sorted ) this will heat things up because they eill need to pay out of their own pocket btw you can choose to repair tour car anywhere you wish you dont need to use their approved centre )they will send third party insurer a letter to accept liability eithin 21 days if no reply or liability disputed then once your car is repaired you have to pay excess after that your insurance will send third party another letter demanding that money if it goes no where it goes to court or 50/50

Dom29

tasticz wrote: »

Going through similar problem but in my case third party declining liability

I hope you have legal cover if so give them a ring and see what they say they usually take on cases like this without any hesitation they will recover injury + uninsured losses

If I were you and haven't received courtesy car ring your insurance company and make a claim through your own insurance ( wil suspend your ncd until sorted ) this will heat things up because they eill need to pay out of their own pocket btw you can choose to repair tour car anywhere you wish you dont need to use their approved centre )they will send third party insurer a letter to accept liability eithin 21 days if no reply or liability disputed then once your car is repaired you have to pay excess after that your insurance will send third party another letter demanding that money if it goes no where it goes to court or 50/50

Thanks for replying i appreciate it , sadly i don't have legal cover and i wouldnt want to risk my ncb as i am only 21 and insurance would kill me if i lost those, also im only insured TPFT not fully comp

If i asked my insurance company to repair the car how would i go about the injury solicitors?

Thanks

rs65

Your insurers won't repair your car if you are TPF&T.

Do you have a hire car at the moment?

Dom29

rs65 wrote: »

Your insurers won't repair your car if you are TPF&T.

Do you have a hire car at the moment?

No im still driving my car around with is dinted and the wheel bearing is humming like mad as they refuse to give me one until he admits liability

anniecave

I would start a complaint with co-op - either in writing or ask to speak to the complaints department. If the third party isn't responding to them, then I would expect them to just pay out. I don't know if that's legally the case, but that's what I would say is reasonable.....

tasticz

Dom29 wrote: »

Thanks for replying i appreciate it , sadly i don't have legal cover and i wouldnt want to risk my ncb as i am only 21 and insurance would kill me if i lost those, also im only insured TPFT not fully comp

If i asked my insurance company to repair the car how would i go about the injury solicitors?

Thanks

you worried about being 21 and risking ncb

For injury claim you can use no win no fee solicitors they will take it on for you on the condition no win no fee but if you win they can take maximum of 25%

Google injury solicitors you can also tell them you also have uninsured losses you need to claim and if you win you can claim for your damage to your car once liability is sorted which usually takes about a month. keep all the reciepts!!!

try cut out management companies who just sell your data on

tasticz

anniecave wrote: »

I would start a complaint with co-op - either in writing or ask to speak to the complaints department. If the third party isn't responding to them, then I would expect them to just pay out. I don't know if that's legally the case, but that's what I would say is reasonable.....

Hi, as far as i know co-op do not have to pay out until liability has been sorted (they need to hear their clients version of story remember they will always back up their own client until their client have said on the phone or on written statement they accept liability) if the third party says he wasn't the driver then co-op won't pay out so its up to the insurers to battle it out or take it to court or claim off mib if driver cant be traced etc

Dom29

tasticz wrote: »

Hi, as far as i know co-op do not have to pay out until liability has been sorted (they need to hear their clients version of story remember they will always back up their own client until their client have said on the phone or on written statement they accept liability) if the third party says he wasn't the driver then co-op won't pay out so its up to the insurers to battle it out or take it to court or claim off mib if driver cant be traced etc

i have already got a solicitor of the injury but they also are on hold until liability is reached.
Its getting beyond a joke , is their any chance they will send someone to his house rather than just phone ?

Thanks

tasticz

Dom29 wrote: »

i have already got a solicitor of the injury but they also are on hold until liability is reached.
Its getting beyond a joke , is their any chance they will send someone to his house rather than just phone ?

Thanks

No they won't send anyone to their house, neither should you.

I hope your solicitor has sent you all the no win no fee condition docs etc for you to sign and return??

Have they arranged for a doctor to see you?

If he don't reply to your solicitor I think they will go after the insurance company

any letter you receive from third party should usually be forwarded to your insurance company as your insurance company is the one who will pay the cost of the third party so you just have to wait and see how long he will take to reply

Dom29

But this is what I mean , he is obviously ignoring the calls and letters he may never reply.