Car Insurance - Third Party at Fault But Ignoring Allegations

jimmylad007

Hi

Several months ago, someone crashed into me and wrote my car off. Luckily the other driver was fully insured and legal, plus it was all caught on CCTV.

I received a payout for the write off, which I am grateful for, but it was less my excess and I lost my no claims bonus. This is because my insurer had to settle it with me at fault, even though they were aware this wasn't the case. It turns out that the other driver never reported the accident to his insurer, and he has ignored all correspondence, so he has avoided admitting liability.

I see where they're coming from, but is there anything that I can do regarding my financial losses (my excess and the extra I will be paying now that I don't have a no claims bonus?) Can I make a claim against him elsewhere? Surely as he's failed to report an accident he's broken the law, so can the police be involved?

As I say, I'm grateful for receiving some payout at least, as I know that lots of people have been unfortunate to come out with nothing.

Thanks

Guest101

jimmylad007 wrote: »

Hi

Several months ago, someone crashed into me and wrote my car off. Luckily the other driver was fully insured and legal, plus it was all caught on CCTV.

I received a payout for the write off, which I am grateful for, but it was less my excess and I lost my no claims bonus. This is because my insurer had to settle it with me at fault, even though they were aware this wasn't the case. It turns out that the other driver never reported the accident to his insurer, and he has ignored all correspondence, so he has avoided admitting liability.

I see where they're coming from, but is there anything that I can do regarding my financial losses (my excess and the extra I will be paying now that I don't have a no claims bonus?) Can I make a claim against him elsewhere? Surely as he's failed to report an accident he's broken the law, so can the police be involved?

As I say, I'm grateful for receiving some payout at least, as I know that lots of people have been unfortunate to come out with nothing.

Thanks

Why didn't you claim from his insurance???

Marktheshark

guest101 wrote: »

why didn't you claim from his insurance???

this !..................

jimmylad007

Guest101 wrote: »

Why didn't you claim from his insurance???

He refused to answer his insurance company's calls and letters, so they refused to do anything.

dannyrst

jimmylad007 wrote: »

He refused to answer his insurance company's calls and letters, so they refused to do anything.

Noted for future. :rotfl:

Guest101

jimmylad007 wrote: »

He refused to answer his insurance company's calls and letters, so they refused to do anything.

That's not quite how it works.... otherwise everyone would just do it. surely you've worked that much out?

jimmylad007

Guest101 wrote: »

That's not quite how it works.... otherwise everyone would just do it. surely you've worked that much out?

I have, which is why I can't understand how he's getting away with it. My insurance don't seem bothered about challenging him, which is why I'm after advice.

Guest101

jimmylad007 wrote: »

I have, which is why I can't understand how he's getting away with it. My insurance don't seem bothered about challenging him, which is why I'm after advice.

I suspect you both have the same insurer.

AdrianC

jimmylad007 wrote: »

I have, which is why I can't understand how he's getting away with it. My insurance don't seem bothered about challenging him, which is why I'm after advice.

So you have uninsured losses arising from the collision. Take him to court and claim them from him.

If he ignores those letters, too, then you win by default.

neilmcl

Surely if you had such clear evidence of their fault your insurer would have claimed against the TP insurer regardless of whether the TP himself admitted liability or not. Sounds like you should've been pushing your insurer a bit more.

mchale

AdrianC wrote: »

So you have uninsured losses arising from the collision. Take him to court and claim them from him.

If he ignores those letters, too, then you win by default.

Agreed I had a similar case, once I put a small claim in against the person they put it in the hands of their insurance.