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No fault Claim Insurance small claims ? Excess more than Value

Claims through Small claims ?

So the Third party Insurance company is not emailing back my Insurance company.
At first they would not admit liability so my Insurance company sent a Witness statement. But the third party insurance is not responding anymore and it has been weeks.
My Insurance company won't take legal action unless I pay the excess. Value of the Repair is not close to my Excess which is 750 and Repair is about 250.

So I was thinking I am going down the Small Claims route.

I don't know who the Driver is though I have picture of the Driver and His REG I know who his Insurance company is and I have been given a copy of the Witness statement from Insurance company.

How much Costs can I add onto the Claim amount for hassle and not responding to my Insurance Company.
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    You can add those costs but don't hold your breath you will get them if it ends up in front of a judge.


    Bear in mind that it often takes weeks/months to resolve liability disputes between insurers, and as you aren't making any claim off your own policy then your insurer has no incentive to spend time and money pursuing this.


    But contact the third party insurer and see if they have an innocent third party claims department who will deal with you.
  • davidious
    davidious Posts: 125 Forumite
    They did not respond to me.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    davidious wrote: »
    They did not respond to me.

    How are you trying to contact them? via telephone, email or letter?

    Is this a UK Insurer or an Insurer in Europe
  • Quentin
    Quentin Posts: 40,405 Forumite
    Try ringing them and asking if they have an innocent third party claims department you can speak to.


    If not, you could write to them pointing out their insured is responsible, you have a witness and with a copy of the quote for your repairs and ask them to reimburse you.


    (You do need to know the identity of the driver if you want to go down the small claim route)
  • davidious
    davidious Posts: 125 Forumite
    email and telephone UK Insurer
  • davidious
    davidious Posts: 125 Forumite
    edited 23 August 2015 at 9:28AM
    Quentin wrote: »
    Try ringing them and asking if they have an innocent third party claims department you can speak to.


    If not, you could write to them pointing out their insured is responsible, you have a witness and with a copy of the quote for your repairs and ask them to reimburse you.


    (You do need to know the identity of the driver if you want to go down the small claim route)

    Can I not Just "The Driver and Insurance company". For small claims.
    If there not responding to my Insurance company and not dealing with me or returning my phone calls or emails. Then what can I do ?
  • Quentin
    Quentin Posts: 40,405 Forumite
    No. You are claiming against the driver/owner of the car.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Do you have any legal cover with your policy?


    If the full cost of repairs is less than your excess then they should assist you to get this back as it is an uninsured loss.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Which Insurer is the third party?
  • davidious
    davidious Posts: 125 Forumite
    yeah I would get the excess back but it means paying 750 upfront and unlikely but I might lose.

    Service Insurance Co Ltd. is the Insurance company.
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