Advice following accident with a drunk driver

lovemilk

A drunk driver went into my parked car over Christmas. I currently have courtesy car provided by my insurance company through his.












I was told the car would be returned 4 days after the date of the settlement cheque on the phone last week. I received a settlement cheque on Saturday, even though I don't agree with the offer being made. In the meantime I have to keep the cheque (but not bank it) and provide evidence as to why my car is worth more. Should I not still be entitled to the car while this toing and froing is going on? Also, I had three quarters tank of petrol in my written off car but my insurance co. say it is an unwritten loss and can't be claimed for. Surely that's not right? Nobody has offered to siphon it off the old car which I'm sure they will. Also, am I entitled to any compensation with it being a crime? Thank you for your help.

Rodney_Trotter

lovemilk wrote: »

A drunk driver went into my parked car over Christmas. I currently have courtesy car provided by my insurance company through his.












I was told the car would be returned 4 days after the date of the settlement cheque on the phone last week. I received a settlement cheque on Saturday, even though I don't agree with the offer being made. In the meantime I have to keep the cheque (but not bank it) and provide evidence as to why my car is worth more. Should I not still be entitled to the car while this toing and froing is going on? Also, I had three quarters tank of petrol in my written off car but my insurance co. say it is an unwritten loss and can't be claimed for. Surely that's not right? Nobody has offered to siphon it off the old car which I'm sure they will. Also, am I entitled to any compensation with it being a crime? Thank you for your help.

What compensation do you want?

The insurance will sort your car and out of pocket expenses. As you have no injuries that's it.

anotherbaldrick

Did you call the police to this incident

Rodney_Trotter

anotherbaldrick wrote: »

Did you call the police to this incident

Not that it makes a difference to the questions asked.

Tilt

Do you have legal cover? If not you would need to recover any un-insured losses from the third party.

Was the TP charged? If so, maybe there is an avenue for you to pursue for compensation.

Rodney_Trotter

Tilt wrote: »

Do you have legal cover? If not you would need to recover any un-insured losses from the third party.

Was the TP charged? If so, maybe there is an avenue for you to pursue for compensation.

For what and how?

Tilt

Rodney_Trotter wrote: »

For what and how?

http://www.justice.gov.uk/victims-and-witnesses/cica

http://www.findlaw.co.uk/law/criminal/drink_driving/500104.html

Rodney_Trotter

Criminal injuries for a damage only collision?

Tilt

Rodney_Trotter wrote: »

Criminal injuries for a damage only collision?

You can also claim for damages although the OP should approach the TP or his insurers for his un-insured losses first.

Rodney_Trotter

Tilt wrote: »

You can also claim for damages although the OP should approach the TP or his insurers for his un-insured losses first.

Also.

You can't claim through the criminal injuries for uninsured loss.

Tilt

Rodney_Trotter wrote: »

Also.

You can't claim through the criminal injuries for uninsured loss.

Er... yes you can. You can claim for loss or damages to property which may (or may not) be an un-insured loss.

http://www.findlaw.co.uk/law/criminal/drink_driving/500104.html