Waiting for offender to admit liabilty

EdGasket

The 'guy' who caused it probably has done nothing because he thinks thats in his interest. You or your insurer needs to send him directly a claim for the repairs and your excess recovery saying ..'as you have failed to notify your insurer I/we are making this claim directly from you' and say you will commence a court claim against him if he fails to report it to his insurers.

I had to do that twice with idiots who think they can get away with just not reporting an incident. Took one to court and the other letter before court action persuaded her to finally (after about 6 weeks) contact her insurers.

FutureGirl

I agree with Quentin.

All OP needs is for liability to be admitted. The third party insurer can admit liability to the OP without having to admit it to his insurers first.

OP you can report the incident to his insurers, you don't need to wait for him to. They can admit liability to you, and agree to pay your uninsured losses.

EdGasket

FutureGirl wrote: »

I agree with Quentin.

All OP needs is for liability to be admitted. The third party insurer can admit liability to the OP without having to admit it to his insurers first.

OP you can report the incident to his insurers, you don't need to wait for him to. They can admit liability to you, and agree to pay your uninsured losses.

No they won't. Third party insurers will do zilch unless the third-party (i.e. the insured himself) reports it.

FutureGirl

EdGasket wrote: »

No they won't. Third party insurers will do zilch unless the third-party (i.e. the insured himself) reports it.

The one I work for certainly doesn't work that way.

Perhaps I didn't explain myself very well.

I meant that the OP can report the claim to the third party insurers, and they will then get in touch with their insured. I didn't mean they'd admit liability straight away on the initial call.

EdGasket

Assuming he takes their call or replies to their letter. In my two cases the third party was just ignoring everything and nothing was moving at all on the insurance front as a result. Hence had to initiate court proceedings against TP in one case and threaten to in the other.

FutureGirl

But the insurers can also contact the other vehicle involved to ascertain liability and admit liability without their insured's agreement. If they say they felt 2 impacts, then they will admit liability, as the other driver is a witness.

You seem to be basing your posts on the one incident that you have experienced - not all insurers, or claims are the same.

EdGasket

Two incidents; not one; please read the posts.

FutureGirl

2 incidents - sorry. My point still stands.

Different insurers work in different ways. It does depend who the third party insurer is but, as I said, this case is a 3 car concertina. OP only needs to report the incident to the vehicle at the backs insurers, and they should start their investigations - the easiest investigation would be for them to contact the insurers of the front vehicle.

Certain insurers (Hastings!) are very bad at discussing with third party insurers. Every claim where they are the third party, I've had to litigate on, because they don't take calls from other insurers.

It wouldn't hurt for OP to call the third party insurers and report it to them - they DON'T need to wait for their insured to report the incident to start investigations.

EdGasket

FutureGirl wrote: »

they DON'T need to wait for their insured to report the incident to start investigations.

They don't 'need' to but I bet they will because it's in their interests to stall and prevaricate as long as possible. That's the reality.

Quentin

EdGasket wrote: »

They don't 'need' to but I bet they will because it's in their interests to stall and prevaricate as long as possible. That's the reality.

You can shortcut this by pursuing the third party directly for your uninsured losses - assuming liability is clear cut, an initial letter followed up by a MCOL if its ignored should concentrate the mind!