Third company car insurance still hasn't paid mine

jhaugh87

Hi all, 
I was just looking for others experiences with this type of thing, as I've been lucky enough not to have dealt with this before. 
At the beginning of December 2019, someone crashed into my parked car and luckily the guys house it happened outside of heard and came out and saw who did it and knew which house they lived at. We then got all of their details and made a claim. I got car hire for 2 weeks and my car was written off and I received payment 2 weeks later. 
I've just had a letter from Aviva saying that the other insurance company has failed to pay and they have passed details on to the solicitors. I got an email from them asking to confirm some details and they've said they will chase payment and if that fails, they'll take them to court. 
The other third party insurance was RSA Motability. Has anyone else been in a situation like this and what was the final outcome?
Thanks! 

KimJongUn88

Well, your solicitors have up to 6 years to issue Court proceedings to seek recovery of their outlay.  At any time between now and then, RSA can settle the claim if they so choose. Until that happens, it'll be down on your record as an "at fault" claim. 

AdrianC

Right now, it's an at-fault claim on your record, because your insurer are out of pocket. As and when your insurer recover all their costs, it becomes a not-at-fault.

That is the only effect for you.

Other people's outcomes may well differ, because other people's situations may well differ. I suspect that, in your case, the policyholder is lying to his insurers about his involvement. If there's doubt about whether they are liable - perhaps he's claiming somebody else was driving, without his permission - then they won't settle. But they would need to explain the situation to the court, who will either agree they aren't liable, or rule that they are.

jhaugh87

Wow, thanks for this guys. I had no idea that even though I wasn't even in the car, I'm still at fault until the insurance is settled!
It was an elderly lady who was driving but I do know she had a son who was in the car when it happened too, so it could well be that she has lied. It also looked like she hadn't long had a crash previously from the paperwork she handed us with her details on.
Hopefully it won't take 6 years, it looks like it may be a court scenario then.... 

EssexExile

It's not really about fault, it's about money.

AdrianC

EssexExile said:

It's not really about fault, it's about money.

This.

Basically, did having your business cost your old insurer money? If so, new insurers are less keen on having your business, for fear you'll cost them money, too.

greyteam1959

Exactly the same thing happened to me.
Court papers were issued by my insurance company that I had to sign and return.
Never went to court as the other insurance company paid up within a couple of weeks.

DoaM

Happened to me several years ago. Someone reversed into me in April ... the claim wasn't settled until late February the following year. (There was no disputing liability - the TP insurer was arguing over the claim cost ... they were arguing over a £300 total claim cost. Sometimes insurance companies are R Soles).