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Non fault accident, driver failed to stop...

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135

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  • What Insurance do you hold ?

    I'm fully comp with tesco but unfortunately don't have any added extras such as legal cover. The total loss team at Tesco have judged the car as a potential write off based on photographs. To this end I will not get a courtesy car from them.

    Have just contacted TPI and the accident hasn't been reported to them. Surprised as I assumed Tesco would have done this by now. They were sympathetic and are now going to contact the driver to see if they admit fault. I have told them that I will be emailing photos of the bumper and reg to them. Will update once I have spoken to them.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd also see if I can find an address for the vehicle, and if possible get photos of the vehicle in a smashed up state so the driver doesn't get it repaired and deny it.

    As for 'going straight over the roundabout' - your wording was fine, it was quite clear what it meant, just some idiot thought he was being clever by quoting the highway code
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Once you are in bed with your own insurance you are contractually obliged not to "interfere in the claim".
    They do work slow, in years as opposed to months, days or weeks.

    Let them fix your car or pay the write off value , if you need Compo ask them to forward a claims firm to you, they always have one but you have to "request" it now.
    I do Contracts, all day every day.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How about getting a rental car for a few weeks then try to reclaim the cost as well as a PI claim to the TP directly at a later date? Whether doing it yourself or finding your own solicitor?
  • arcon5 wrote: »
    I'd also see if I can find an address for the vehicle, and if possible get photos of the vehicle in a smashed up state so the driver doesn't get it repaired and deny it.

    As for 'going straight over the roundabout' - your wording was fine, it was quite clear what it meant, just some idiot thought he was being clever by quoting the highway code

    How could I find the address? That seems like a good idea if I got photos of the car.
  • Once you are in bed with your own insurance you are contractually obliged not to "interfere in the claim".
    They do work slow, in years as opposed to months, days or weeks.

    Let them fix your car or pay the write off value , if you need Compo ask them to forward a claims firm to you, they always have one but you have to "request" it now.

    What do you mean by that? I obtained contact details and the policy number from my insurance as I told them I wanted to contact them regarding a courtesy car. I don't see how I am interfering with a claim by contacting them, especially as it's now 5 days on and I have no means of transportation.
  • arcon5 wrote: »
    How about getting a rental car for a few weeks then try to reclaim the cost as well as a PI claim to the TP directly at a later date? Whether doing it yourself or finding your own solicitor?

    I will probably instruct a solicitor if I have no luck with TP insurers. I am very very reluctant to hire a car on my own as I would struggle to afford (I'm under 25 so I'd have to pay extra) and reading about mitigating my losses and TP potentially refusing to cover costs has put me right off.

    Just wanted to thank you all at this point for your help and advice, never imagined I would be so totally lost in this situation!
  • Aretnap
    Aretnap Posts: 5,749 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    My other option of an accident management company I'm hesitant about as if the car was stolen I would eventually be liable for the costs, right?
    No. In the vast majority of cases the accident management company will take on the risk of not recovering their costs from the third party insurer, so you won't be left out of pocket even if the TPI doesn't pay out. If they judge that the risk of not getting their money back is too great, they just won't take your case on. The only way that you might become liable for the costs yourself would be if you mislead the accident management company into thinking that the chances of recovering their costs were higher than they actually are, for example by exaggerating your need for a hire car, or by failing to mention the fact that the other driver sped off and hasn't yet been identified.

    The problem is more that an AMC might well decide not to take on your case when they find out that the driver is unidentified and there's a possibility that the car was stolen. Still, nothing ventured nothing gained, and if you Google you'll find that there are AMCs who will deal with MIB claims (though I can't offer an opinion on how good any of them are).
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It's my understanding if the car was stolen and the insurer is unable to identify the driver then they are liable to third parties legally anyway.... irrespective of what the policy holder may think of that.

    Always read terms though if you take on an accident management company - some, but not all bear the risk of hire car costs. I think it's credit hire or something a lot will put you on, so if they cannot reclaim from TP they come to you.

    I'd phone the TP insurer back in a couple of days and see if they want to play ball. If they do then maybe consider telling your own insurer to shove it and deal with TP directly.
  • Quentin
    Quentin Posts: 40,405 Forumite
    arcon5 wrote: »
    .....Always read terms though if you take on an accident management company - some, but not all bear the risk of hire car costs. I think it's credit hire or something a lot will put you on, so if they cannot reclaim from TP they come to you....
    They only "come to you" if you have not been truthful over the incident resulting in them not getting paid.


    If you can get an accident management company to take you on and you tell the truth (and comply with the agreement conditions over assisting them to reclaim off the third party) there are no issues.


    The OP's problem as already posted will be getting accepted by an AMC in view of the circumstances.
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