Non fault rear collision claim.

vickster75

neilmcl said:

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.

Unfortunately yes. My renewal paperwork already showed a natural increase in premiums as expected however on checking the paperwork it claimed I had no accidents. When I rang them to enquire they apologised, it was an error on their behalf and once they inputted the accident then they increased my premiums further by the £160 odd purely because if the accident. 

lostelephant

I would really not recommend closing the case now based on the evidence you have, that would be exactly what they want you to do and why they are refusing to pay out now. Closing the case would likely make your premium even higher as you would be at fault rather than unsettled.

Let it go to court if needed, there’s a chance it won’t even get to that stage and they accept liability once issued with court proceedings. Most insurance companies will avoid going to court for a rear-end collision (when it’s their driver who has hit another car) as it’s very likely to not turn out in their favour. 

Have they disclosed on what basis the third party are denying liability? E.g. claiming you reversed into them? 

Also, if you haven’t already I would check whether your insurance have disclosed the dash cam footage to the third party’s insurance at this stage. I had a similar situation whereby I was hit and the third party tried to claim it was my fault, I asked my insurers how it was possible based on my dash cam footage (very obviously not my fault), and they explained they try hadn’t sent it across as they try and “hold their cards close to their chest” until they need to release it. 

Mistral001

vickster75 said:

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. 

Since court action is being considered, be prepared for months if not years for the matter to be resolved.

Car_54

lostelephant said:

Also, if you haven’t already I would check whether your insurance have disclosed the dash cam footage to the third party’s insurance at this stage. I had a similar situation whereby I was hit and the third party tried to claim it was my fault, I asked my insurers how it was possible based on my dash cam footage (very obviously not my fault), and they explained they try hadn’t sent it across as they try and “hold their cards close to their chest” until they need to release it. 

I agree. In my case the TP scraped along my car before cutting in front of a bus, unsuccessfully. He couldn't deny the bus, but did deny having hit me. I insisted my insurer send my dashcam footage, and as soon as they saw it the TP insurer settled.

vickster75

lostelephant said:

I would really not recommend closing the case now based on the evidence you have, that would be exactly what they want you to do and why they are refusing to pay out now. Closing the case would likely make your premium even higher as you would be at fault rather than unsettled.

Let it go to court if needed, there’s a chance it won’t even get to that stage and they accept liability once issued with court proceedings. Most insurance companies will avoid going to court for a rear-end collision (when it’s their driver who has hit another car) as it’s very likely to not turn out in their favour. 

Have they disclosed on what basis the third party are denying liability? E.g. claiming you reversed into them? 

Also, if you haven’t already I would check whether your insurance have disclosed the dash cam footage to the third party’s insurance at this stage. I had a similar situation whereby I was hit and the third party tried to claim it was my fault, I asked my insurers how it was possible based on my dash cam footage (very obviously not my fault), and they explained they try hadn’t sent it across as they try and “hold their cards close to their chest” until they need to release it. 

Thanks for that really helpful. My insurance company never wanted to see my dash cam footage as they automatically logged it as a non fault claim. I offered to send it to them but they didn’t want it. They only asked for it last night. 

No they haven’t disclosed on what grounds they are refusing liability. They are now requesting copies of any communication I had with the third party so I guess they are building their case. 

vickster75

Car_54 said:

lostelephant said:

Also, if you haven’t already I would check whether your insurance have disclosed the dash cam footage to the third party’s insurance at this stage. I had a similar situation whereby I was hit and the third party tried to claim it was my fault, I asked my insurers how it was possible based on my dash cam footage (very obviously not my fault), and they explained they try hadn’t sent it across as they try and “hold their cards close to their chest” until they need to release it. 

I agree. In my case the TP scraped along my car before cutting in front of a bus, unsuccessfully. He couldn't deny the bus, but did deny having hit me. I insisted my insurer send my dashcam footage, and as soon as they saw it the TP insurer settled.

It’s mad isn’t it how you need big brother to watch you at all times. No wonder they are making it compulsory for dash cams to be fitted in all new cars in the near future