At fault driver hasn't reported incident to her insurance

kellaree

I was recently involved in a RTC where the 3rd party driver pulled out of a minor road into the side of my vehicle travelling down a major road.

I have photos of the damage and dashcam footage of her pulling out directly into me (you can actually see her looking the wrong was as she does so...)

I took her name, reg and insurance details at the time and reported it that day to my own insurance company. I've since had my car repaired through my own insurance and they're happy that the other driver was at fault.

I'm now dealing with the solicitors appointed by my insurance to try and claim my excess back. They've been pretty useless so far and the latest I've been told is that the other party has not informed her insurance of the accident and that their letter is the first they've heard of it.

Has anyone had a similar experience? Surely my evidence will be enough to prove liability?

This is my first claim in my 10 years of driving and I'm quite annoyed I've been left out of pocket and that it looks like it's not going to be resolved anytime soon. I'm currently 25 weeks pregnant (was 19 at the time) and to be honest it's starting to cause me even more stress that it did at the time of the incident.

tykesi

Just contact her insurers and start a claim against her policy. They can deal with the fact she's not informed them but should help you.

kellaree wrote: »

I'm currently 25 weeks pregnant (was 19 at the time) and to be honest it's starting to cause me even more stress that it did at the time of the incident.

Not sure what that's got to do with anything?

missile

I had an issue where my car was damaged whilst parked. My insurers claimed damages but not my excess from 3rd party insurer. I tried to reclaim damages from his insurer Hastings Direct and was given the run around.
After two months, I told the driver I would be taking him to small claims court if I did not receive payment within 14 days. He complained to his insurer and I received a cheque by return.

Quentin

Even if there's no issues establishing liability a claim often takes months to be finalized.

Next time you are involved in a situation like this when liability is clear cut then consider claiming directly from the third party insurer.

No excess to pay and have to reclaim/ easier to get repairs done at your choice of repairer/replacement car supplied/,no temporary loss of Ncd etc

OnanTheBarbarian

In this situation, approching the insurer of the other party at the outset would probably make no difference as the insurer would not wade in and help the third party (OP) without getting the incident verified by speaking with their policyholder.

As they have been unable to speak with their insured, the situation needs escalating by their insurer and to be honest the only way this will get moved on quickly is if you can identify the name of the other driver and the reg number, then your soliciors need to issue county court proceedings against the other driver or the insurer. If a judgment is then obtained, the insurer is forced to pay your claim as per Secion 151 of the Road Traffic Act.

The other way for them to more quickly deal without a CCJ against their insured is to get you to sign a form of assignment and agreement. This basically details what you are getting paid by the insurer in settlement of your claim and assigns any further rights to make a claim. It also then gives the insurer permission to go and hose their policyholder down for the outlay they have incurred.

Give your solicitors a kick up the bum

ConMan

If the OP has dashcam footage, then they may look to deal with her claim. It's still worth speaking to them first.