Third Party Will Not Report Accident

buckland_2

Hello,

I wonder if anyone has any advice, please.

My mother was involved in a minor accident where a third party reversed out of a drive into her car damaging my mother's car's wing.

The lady at the time said she'd get her husband to repair the car as he was a car mechanic. Unfortunately, my mother didn't get the lady's insurance or address details, but took her mobile telephone number and the car registration.

After a short time the lady had not made contact and when my mother rang her to get her insurance details the lady who hit her car put the telephone down.

My mother went to the police and they gave the third party's address and name details from the car registration number. My mother reported the accident to her insurance company (she had two witnesses to the accident, one family and one independent).

The insurance company have made contact with the lady and asked her to fill in the details of the accident (through her insurers) but my mother's insurance company do not receive replies to their requests.

It appears that by just ignoring the insurance companies that the lady is going to get away without paying for the damage, either directly or as a claim against her insurance. Please has anyone any ideas as to what can be done as my mother's insurers don't appear to want to do any more?

Thank you,

Stephen

SPANIEL36

i'm not sure that she will be able to get away with it to be honest. Your mother was involved in an accident and it was not her fault. This third party should've still notified her insurance of the accident even if it was "for information only". If the mechanic husband was going to fix it then why hasn't he? why has this other woman put the phone down when trying to contact her?

Now that your mums insurers know of the accident, they should be fighting this for her. (has she got legal protection?) Maybe they haven't received replies due to the postal strike. The third party cannot really deny the accident as you have got 2 witnesses

keep onto the insurance company to chase the third party. they can tell through various databases which company the third party is insured with (if any)

good luck and keep us updated

olly300

It appears that by just ignoring the insurance companies that the lady is going to get away without paying for the damage, either directly or as a claim against her insurance. Please has anyone any ideas as to what can be done as my mother's insurers don't appear to want to do any more?

The lady won't. Her insurance company will know and record that she has a claim against her.

enola-alone

Hi,

If your Mother has Legal Expense Insurance, then she should ask her insurers to utilise this and start the ball rolling for issuing court proceedings against the third party. As your mother has 2 witnesses, this will help her case. Especially, the fact that one is independent.

If the third party ignores proceedings and a Judgment is obtained against her, then her insurers are obliged to settle it, so you Mother will not be out of pocket for this.

Hope that helps.

Enola

Hey_Dude

Your mum's Insurer should be threatening to issue against the Third Party Insurer.

It's all pretty straight-forward to be honest - you need to find someone competent from your mum's Insurer to chat to.

Who is the insurance company?

Dude

buckland_2

Thank you for all your replies.

The situation has dragged on for about five months now so it's starting to become silly.

My mum didn't take legal insurance out - ironically, it's the first time she hasn't and it was about three days into the new policy.

The insurer is Churchill. In the letter mum received today, they say:

'The insurers of the Third Party have advised they are not prepared to accept liability, as their Client has failed to return their claim form.

We then chased the Third Party Company to request they report the incident to their Insurers. It appears we have failed to receive their response to any of our correspondence.

We have now reached the stage where we cannot progress your claim any further, without having incurred a loss. Please confirm if you are wishing to have your vehicle repaired, so we may pursue your claim further.'

It sounds to me that they're going to charge any more chasing they do as a claim against the insurance.

Thanks,

Stephen

mattymoo

If she has fully comp insurance, ask her insurers to organise the repairs. Your mother will need to pay the policy excess.

Once Churchill have paid out, they will then attempt recovery against the third party. If they succeed, the excess can be recovered the same way.

The other alternative, if she doesn't wish to risk losing her NCD, is to pay for the repairs herself. Then she would need to issue proceedings in the county court under the Small Claims Court procedure, if the amount involved is less than £5k (I'm guessing it will be).

Sounds like the other person is hoping this matter will go away but most people get their backsides in gear when faced with a bill of several hundred pounds or better still, a court summons.

swanny65

I agree with the advice given above.

I work as an agent for 2 companies that try and trace third parties when they dont pay up, dont claim, or disappear etc. I cant speak for Churchill as i dont action their cases. However i can say based on my experience someone, be it the insurer or the tracing agency, will eventually, if they have to, be knocking on her door.

My guess is she hasn't insurance for the vehicle. Hopefully she wont move address and eventually she will be told to pay up either voluntarily or via the courts, which will cost her lots more money. Any excess paid should be included in the requested amount

Get her address if you can. If you know where she is living and she can be easily traced.

buckland_2

Dear all,

Thank you very much for all your replies. I've passed them on to my mum, and I'll let you all know what happens.

Thank you,

Stephen