Non fault rear collision claim. 9 March at 6:47PM in Motoring 16 replies 511 views

vickster75

Hi
In December 2019 whilst stopping in stationary traffic the car behind me crashed into the back of me. Details were exchanged and I informed my insurance company of the accident and made a claim. Thought it would of been a straight forward claim but it appears not. 3 months on, the other party is still refusing to accept responsibility. How can they possible do this? I only have a front facing dash cam which I have uploaded that footage which shows my car stationary, then a few seconds later being shunted and I’ve also got a photo of the car/reg of the car immediately behind me. This is having a detrimental affect of my car insurance renewal as it’s still showing as unsettled. 

Is there anything I can do? I didn’t think to get any independent witnesses as she gave me her details (Initially not very willingly but still I got them)  and I had a photo of her car plus my dash cam footage. This is the first accident I have had in 12 years and I’ve always been told if someone drives into the back of you, it’s a non fault claim and very straight toward but it doesn’t appear to be in my case and it’s causing me no end of stress and worry. 

Any help greatly appreciated

EdGasketTheSecond

WHat does your insurer say about why it is taking so long? Have they passed you onto a 'claims management company' to deal with it? Has the third-party admitted liability or even reported it?

vickster75

My insurance company logged it as a non fault claim and as much as she admitted liability at the roadside she is now saying via her insurance  company that she is not at fault and refuses to accept any responsibility and they are now investigating my claim. My insurance company has now apparently threatened the third party with legal action but still I’m out if pocket whilst all this is happening. Something what should be so simple, isn’t. I know I should just leave it down to the insurance companies to battle out but I’m a worrier 

Mistral001

A well-known scam is to set up a crash so that occupants of the car behind will be able to falsely claim damages from whiplash injuries.  If there are whiplash injury claims then the insurance company might be cautious about paying out immediately.  Also sometimes the car in front is held liable if they brake suddenly with faulty brake lights.  So it is not always a clear cut case of the person behind always at fault.

vickster75

I have heard of the scam. But my dash cam footage clearly shows me slowing down for the traffic, become stationary and then about 3 seconds later you can see my car is jolted forwarded and you can hear the bang. 

I did wonder about whether my brake lights were out. I only had my car for 3 months prior to the accident, new, so they shouldn't  of been but I did check and all lights are in fully working order. 

I have since heard she has put in a personal injuries claim against her own insurance. I wasn’t sure if that was possible so it may not be true. 

neilmcl

There's nothing you can do than letting the process take it's course and leave it to your insurer, that's what you pay them for.

foxy-stoat

How much of a negative effect is it having on the renewal?  If you have to pay more and the claim gets settled afterwards they will give you a credit.

But I would ask why it is taking so long, if they are insured then with your evidence how can the third party still be disputing liability, get them to issue proceedings....jokers

vickster75

Renewal has gone up by an extra £160 plus purely because of the accident. I have told them I won’t renew so they are looking at whether they can temporarily close the unsettled claim down to reduce my premiums. 

My insurance is constantly chasing the 3rd party and they have issued their final invoice but they won’t accept responsibility so they are looking at instigating legal action. Maybe it’s just a delay tactic on their behalf so they don’t have to pay out until last minute. I do wonder at times why we have insurance why they all just drag there feet 🙄

neilmcl

vickster75 said:

Renewal has gone up by an extra £160 plus purely because of the accident. I have told them I won’t renew so they are looking at whether they can temporarily close the unsettled claim down to reduce my premiums. 

My insurance is constantly chasing the 3rd party and they have issued their final invoice but they won’t accept responsibility so they are looking at instigating legal action. Maybe it’s just a delay tactic on their behalf so they don’t have to pay out until last minute. I do wonder at times why we have insurance why they all just drag there feet 🙄

Are you sure about that? Renewals are generally always higher and an increase of £160 doesn't sound unreasonable for a renewal quote even without any accident history.

AdrianC

vickster75 said:

Renewal has gone up by an extra £160 plus purely because of the accident.

Some of that will be the open claim. Some will be because of your claims history, and will apply even after the claim is closed as not-at-fault.

I have told them I won’t renew so they are looking at whether they can temporarily close the unsettled claim down to reduce my premiums.

The same issue is going to apply whoever you insure with, of course.

My insurance is constantly chasing the 3rd party and they have issued their final invoice but they won’t accept responsibility so they are looking at instigating legal action. Maybe it’s just a delay tactic on their behalf so they don’t have to pay out until last minute. I do wonder at times why we have insurance why they all just drag there feet

Woah up... Your insurer are doing all they can. The other driver's insurer are refusing to pay. That means your insurer is currently out-of-pocket, which means if closed now, it's an at-fault claim. They're doing you a favour by keeping it open and pushing the other insurer. The easy option would be to close it. You do not know what the other driver has told their insurer. Yes, you have the video, which means that it should go straight in favour if/when it does go to court.

vickster75

AdrianC said:

Woah up... Your insurer are doing all they can. The other driver's insurer are refusing to pay. That means your insurer is currently out-of-pocket, which means if closed now, it's an at-fault claim. They're doing you a favour by keeping it open and pushing the other insurer. The easy option would be to close it. You do not know what the other driver has told their insurer. Yes, you have the video, which means that it should go straight in favour if/when it does go to court.

Spending 16 days to send up a chase up letter to the third party is classed as dragging their feet in my book, but each to their own and all that.