Claiming independently against an insurance company after an accident

MrsJLTurner

Hello,

I was involved in a 3 vehicle accident back in December 2019. Fortunately my car only incurred minor damage. I was reluctant to pursue a claim through my car insurance (as didn’t want to compromise my premium) so have pursued a claim myself. 

I have spoken to the insurance company numerous times in the last 10 weeks and sent number emails but they have so far not responded and failed to acknowledge me other than giving me claim number. How do I go about pursuing this claim? Is there something I am missing? 

I should add I was not at fault, the driver who caused the accident did so by performing a u-turn on a busy road without space or appropriate indication. 

Any help would be greatly received.

AdrianC

You can claim off the insurer of the vehicle that hit you. But unless they accept liability, you're wasting your time.

If you're car A - and you and B collided, but you hold C ultimately liable, you can't claim off C.

As far as your premium goes, you'll still need to declare the incident - but, even if you claim off your own insurer, your excess and NCB will only be dinged if your insurer end up with their hand in their pocket.

MrsJLTurner

Thank you.
Well A and B collided and then A hit me so it’s A I’m trying to claim against (Car A was also the car that performed the U-turn) I believe they didn’t accept liability initially but an investigation took place and they are seemingly paying out for the damage/trauma the other car/person incurred. If this is the case surely they can’t ignore me?? Or can they?
I have spoken to my insurance company though who noted the incident but thanks.

The_Rainmaker

Should have just put it through your own insurer, that is what you pay them for and they are much better equipped to deal with these situations and they will reclaim any costs from the third party (if they are found to have caused the accident).

born_again

As you have already spoken to your insurance about the accident. It will "Compromise" future premiums. So if you are not getting anywhere you might as well use their services.

MrsJLTurner

Thank you for your comments.

MrsJLTurner

So basically they can just ignore me because I’m not an insurance company... 

Aretnap

MrsJLTurner said:

So basically they can just ignore me because I’m not an insurance company... 

No, if they don't deal with your claim as you wish, you can start court proceedings against them (or technically against the driver who you hold responsible for the accident, who will then have his insurers deal with the claim in his behalf). If they do not acknowledge liability you will have to prove it in court, and there is the risk of having to pay costs if you lose (albeit the costs would not be too bad if the claim is small enough for the small claims court - ie under £10K).

However when claiming from the third party insurer your only way of enforcing your rights is through the courts. You cannot use their complaints procedure or go to the Financial Ombudsman - as you are not a customer of theirs you have no protection under consumer law. 

stator

Yeah, if you're not up for a small claims court against an insurance company, then claim on your own insurance.

Send them a letter giving them one more chance to settle the claim, give them a time limit. Also give them a cash figure. If it's not too high they might be willing to settle quickly to avoid getting claimss management companies involved

Undervalued

Aretnap said:

MrsJLTurner said:

So basically they can just ignore me because I’m not an insurance company... 

No, if they don't deal with your claim as you wish, you can start court proceedings against them (or technically against the driver who you hold responsible for the accident, who will then have his insurers deal with the claim in his behalf). If they do not acknowledge liability you will have to prove it in court, and there is the risk of having to pay costs if you lose (albeit the costs would not be too bad if the claim is small enough for the small claims court - ie under £10K).

However when claiming from the third party insurer your only way of enforcing your rights is through the courts. You cannot use their complaints procedure or go to the Financial Ombudsman - as you are not a customer of theirs you have no protection under consumer law. 

Exactly. The OP has no contract with the other driver's insurance company. Her claim is against the driver of the other car. They can then get their insurers to respond.

neilmcl

MrsJLTurner said:

Thank you.
Well A and B collided and then A hit me so it’s A I’m trying to claim against (Car A was also the car that performed the U-turn) I believe they didn’t accept liability initially but an investigation took place and they are seemingly paying out for the damage/trauma the other car/person incurred. If this is the case surely they can’t ignore me?? Or can they?
I have spoken to my insurance company though who noted the incident but thanks.

Yes, they can ignore you, they are under no obligation to deal with you directly. The fact that you've spoken to you own insurer throws the whole "I don't want it to affect my future premiums" now out  of the window.