Determine Liability

Chelmoria

I'm new here and would like some advise. As I was driving along a road, a car pulled out from a parked space and hit me. I had no idea what to do and he gave me his details, so I politely gave him mine at the scene. I took photos of the scene but it was a quiet road and there were no witnesses. He did not admit liability at the scene and did not apologise to me. My young daughter was also in the car. Nearly two weeks on and my insurance still have not heard from his insurance. And I am starting to get very frustrated at the speed in which it is progressing. The insurance company gave me a hire car but as liability has not been determined, it will be collected tomorrow so I am left without a car. A few people have briefly seen the car and believe it would be an insurance write off. The insurance company will look to take it in, if I pay my £750 access (went for the cheapest, learnt my lesson!). I just want my car back on the road, so I want to get it fixed by someone we know using 2nd hand parts. The insurance company said that if I pay my access they will obviously chase the 3rd party but if I get the repairs done, they wouldn't necessarily feel obliged to do so.
I'm worried that it won't get sorted out and it will go down as my fault, even though it wasn't. I feel a little let down by the system at the moment and I just want those responsible to own up.
Has anyone been in a similar situation? How long did it take to sort out?

forgotmyname

You say its their fault and they may say it was yours. Without proof it may go
either way. Unless their story matches yours it will be a long process.

Whats your car worth?

Not much moves quickly with insurance. My mum had letters going backwards and forwards for over 2 years after a non fault accident.
The other party's insurance were very slow in everything and underpaid everywhere.

Chelmoria

Thank you for your comments.
I've had the car for a number of years. Insured it for £2500 but I now realise that the insurance company will decide how much it is worth. Which sounds to me like they will offer pennies for it. I've never been in an accident before and I can't believe how stressful this has been trying to sort it out. We were lucky not to be injured but the time and cost of sorting it out after is just unjust, especially as it was not my fault.
I have photo evidence of the scene which clearly shows the car on its way out of a parking bay. I really hope this is enough evidence to prove what occurred. I have the feeling that I'm better off paying for the repairs myself and chasing the money as if I pay the excess and liability is not determined then it will make my insurance bill increase considerably in the future and I am definitely not willing to lose my no claims over an accident that was not my fault.
I know its naive but it was instilled in me as a child to treat others how you would want to be treated. Own up to mistakes. It's frustrating when it's not reciprocated.

neilmcl

If you believe it to be the third-party's fault then contact their insurer yourself and claim directly off them.

Foxy-Stoat_3

The insurance company doesn't decide the value of secondhand cars, the market does. You should research on autotrader or ebay etc for similar cars with similar mileage so you know before hand what the cost to replace it like for like (ish).

Is the car still driveable, all the doors open and lights work? You could drive it while liability is established.

Chelmoria

Thanks again for you comments.

So I spoke to the insurance company again and they have had postal communication with the 3rd party. I didn't realise that was a means of communication these days, but I suppose if you want to drag your heels then that is the way to do it! It was the first they had heard of the incident, so he hasn't reported it. Does anyone know the legality of reporting an accident? Surely he as a legal obligation to report it. I still have the hire car even though every time I've called they said someone will call to arrange the collection.
The car isn't drivable as the passenger door won't open fully, the bonnet won't open and the headlights are smashed.
I guess its just a waiting game really. The only positive I have is that I can keep this claim ongoing for a while. I only renewed my insurance 3 weeks ago!

Foxy-Stoat_3

Chelmoria wrote: »

Does anyone know the legality of reporting an accident? Surely he as a legal obligation to report it.

As a driver you should be able to answer that question!

Both parties need to give their name, address, registration number to each other at the scene of the incident. If anyone was injured then they need to report it to the police AND advise their insurance details or provide a valid certificate of insurance - for the Law to be satisfied.

By the sounds of it they have done that.

Their insurance policy will have a requirement to report all incidents as soon as reasonably practicable, but this isn't Law.

There is nothing to stop you hiring a car and claiming back the costs once liability has been established, but it will be at your risk.

InsideInsurance

There is a contractual obligation to inform your insurers not a requirement in legislation.

Letters are still very much a method of communication. Cost cutting means less staff, takes a lot less time and effort to send out a system generated letter and diary it on for 2-3 weeks than it takes to having to phone up several times and just diarying on a day or two at a time.

Some insurers always prefer a written version of events, others are happy just taking an oral explanation which they take notes from