Car Insurance Claim Woes. Advice needed please.

jimmylad007

Hi all. I'm in need of a bit of advice here please.

Over a month ago, somebody crashed into me and my car was declared a total loss. Fortunately, it was recorded on CCTV, which I submitted to my insurance company upon reporting the claim. The at fault driver was on his phone at the time of the crash, but I am unable to prove this to the insurance.

After a month of nothing happening, my insurance company have now got back to me saying that because the at fault driver has ignored all attempts to contact him, they are unable to hold him liable. Therefore I lose my no claims bonus and have to pay my excess.

Surely they can't do this? The CCTV clearly shows him crashing in to me.

Is there anything I can do?

Thanks all.

Quentin

You normally always have to pay your excess when you claim off your own policy.


Then it's down to you to recover this (and any other uninsured losses) from the third party insurer.


If you have legal cover with your policy you can use this to recover uninsured losses, or filing this DIY or instruct a solicitor.


If you successfully get your excess back then make sure your insurer is aware so that they can pursue their outlay, and eventually mark your claim as non fault

magpiecottage

Have your own insurers obtained details of his insurers? Will they give them to you.

If so, you can copy them in to a letter to him making your claim against him.

Send the letter to him by first class post (NOT recorded delivery) and obtain and hang on to proof of posting (free from the Post Office). Proof of posting will normally be accepted as proof of delivery two working days later. If you send it RD and he refuses it then he can prove that he did NOT receive it.

jimmylad007

Thanks for the advice guys. You've both mentioned about me contacting his insurer. I'm a little confused as I didn't realise I was able to do this. I thought I just had to report it to MY insurer and they contacted his insurer on my behalf when dealing with the claim. Have I gone about it the wrong way?