Car Accident- 3rd party trying tricks with insurance

custardy

When my car got written off outside my house. My insurer paid out total loss within the week.
Im still waiting to claim my hire car/out of pocket costs unfortunately due to the 'driver' alleging the car was stolen...

Aretnap

Car_54 said:

If he had indeed sold the car, and the new owner (a) gave you a false name and address, and (b) hadn't insured the car herself, then AFAIK Aviva are still on the hook.

However, I'd be prepared for them to hold you at least partly to blame.

Aviva's RTA liability only applies if the identity of the driver can be proved, at least on the balance of probabilities.

If the driver can't be identified then it's a MIB claim, albeit potentially dealt with by Aviva under MIB rules as per Article 75 of the MIB agreement. Which basically would mean that Aviva would not be liable for any losses that the OP could claim for from his own insurance instead. Possibly they'd be liable for loss of earnings, subject to the OP's duty to mitigate that loss, for example by calling in his own insurers as quickly as possible. 

Homer_home

Wouldn't this be classed as fraud?

Therefore simply report this to the police and let him know you have done so as it's easy to prove as you have dash cam footage

I'm struggling to understand how someone opening their door in front of you at such a low speed caused your car to be wrote off , I can appreciate you not having time to brake but your car being wrote off? Maybe you could enlighten me 

williamgriffin

Aretnap said:

Car_54 said:

If he had indeed sold the car, and the new owner (a) gave you a false name and address, and (b) hadn't insured the car herself, then AFAIK Aviva are still on the hook.

However, I'd be prepared for them to hold you at least partly to blame.

Aviva's RTA liability only applies if the identity of the driver can be proved, at least on the balance of probabilities.

If the driver can't be identified then it's a MIB claim, albeit potentially dealt with by Aviva under MIB rules as per Article 75 of the MIB agreement. Which basically would mean that Aviva would not be liable for any losses that the OP could claim for from his own insurance instead. Possibly they'd be liable for loss of earnings, subject to the OP's duty to mitigate that loss, for example by calling in his own insurers as quickly as possible. 

Will the MIB pay if the OP has comprehensive insurance?

AdrianC

Homer_home said:

I'm struggling to understand how someone opening their door in front of you at such a low speed caused your car to be wrote off , I can appreciate you not having time to brake but your car being wrote off? Maybe you could enlighten me 

Low-value car...?