Car accident - apparent denial of liability from 3rd party, no counter claim.

whatatodo

I was hit by a reversing van a few weeks ago (no witnesses). Reported to my insurance Hastings Direct. They put me onto a CMC. When they started talking about credit hire etc. I decided to not continue with that claim and speak with the other parties insurance first (worried about costs liability). My insurance had contacted them, so they were aware and initially said they were waiting for clarification from driver, this appears to have changed now to not admitting liability. However, there doesn’t seem to be a claim against me (as far as I am aware). I have since tracked down some CCTV footage, that the owner will only provide to an insurance company (not me personally). However, my own insurance company HastingsDirect say they will not request this for me - even when I point out it could protect them in event of a counter claim (and help me with my claim). I am disgusted with Hastings Directs response so far. When I spoke to the other insurer, I mentioned CCTV which got their interest, but obviously I’m not in a position to produce it. I am at a loss what to do other than proceed with caution with the CMC (I suspect their priority is push credit-hire, inflate claim etc) in the hope that they may be able to get the cctv. Any practical advice ? I know a) getting the cctv myself would solve - but I have exhausted this b) it is suspicious there is no claim from the other side - but this doesn’t really help. c) you could make an assumption that the other insurer/party is “hoping I’ll go away” but again, this doesn’t really help.

I also believe my car is likely to be a write-off based on some quotes I have got myself in the meantime.

neilmcl

Just leave it to your insurer to deal with. If you don't need to use a replacement car in the meantime then you won;t have any credit-hire issues. If there's evidence to prove the TP liability then the accident management company will pursue it.

AdrianC

So you were hit by a vehicle... that didn't stop? The driver of which is denying liability?

If they were admitting liability, then the simplest route is to claim off their insurance directly.
If they are likely to deny it, then you have to consider whether it's worth the risk of an at-fault claim on your own insurance. Of course, now you've told them about it, there's no denying it ever happened in the future.

How bad's the damage to your car?
How bad was the damage to the van?

Yes, your insurer are very likely to pass it to a claim manager
Yes, those claim managers make part of their fee by providing credit-hire cars
Yes, if the van driver's insurance do not cough to it you may end up with that bill
Yes, you have currently decided not to claim from your own insurer on the terms they want you to claim
No, they will not work on the claim if you aren't actually claiming...

whatatodo

AdrianC said:

So you were hit by a vehicle... that didn't stop? The driver of which is denying liability?

If they were admitting liability, then the simplest route is to claim off their insurance directly.
If they are likely to deny it, then you have to consider whether it's worth the risk of an at-fault claim on your own insurance. Of course, now you've told them about it, there's no denying it ever happened in the future.

How bad's the damage to your car?
How bad was the damage to the van?

Yes, your insurer are very likely to pass it to a claim manager
Yes, those claim managers make part of their fee by providing credit-hire cars
Yes, if the van driver's insurance do not cough to it you may end up with that bill
Yes, you have currently decided not to claim from your own insurer on the terms they want you to claim
No, they will not work on the claim if you aren't actually claiming...

No, the van did stop and I got details/photos. The damage to them is tail lift and light and as its not a personal vehicle, I guess they are not as keen to pursue fix. My damage has been estimated (privately 2-3k and car is worth approx 3.5k). My hesitation with CMC is potential personal liability for credit-hire if other party doesn’t pay (I believe) and loading costs with repairs a side issue (from the negative comments Ive read, generally)

Sandtree

A credit hire company wont hold you liable for the costs as long as you continue to support their efforts to recover their losses however given you are not yet signed up but know there is a dispute they may no longer be keen to be involved.

Ultimately however this should be a complaint to Hastings and get them to deal with it under your policy (assuming you are comp)

AdrianC

whatatodo said:

AdrianC said:

So you were hit by a vehicle... that didn't stop? The driver of which is denying liability?

No, the van did stop and I got details/photos.

Great. So just claim straight from their insurer.

If they didn't give you those details, use AskMID.
https://www.askmid.com/askmidenquiry.aspx

Sandtree

AdrianC said:
Great. So just claim straight from their insurer.

If they didn't give you those details, use AskMID.
https://www.askmid.com/askmidenquiry.aspx

whatatodo said:

I decided to not continue with that claim and speak with the other parties insurance first (worried about costs liability). My insurance had contacted them, so they were aware and initially said they were waiting for clarification from driver, this appears to have changed now to not admitting liability. 

Fairly clear the OP doesnt need help finding the other insurer given they've already spoken to them more than once and been told liability is being disputed.

neilmcl

AdrianC said:

whatatodo said:

AdrianC said:

So you were hit by a vehicle... that didn't stop? The driver of which is denying liability?

No, the van did stop and I got details/photos.

Great. So just claim straight from their insurer.

If they didn't give you those details, use AskMID.
https://www.askmid.com/askmidenquiry.aspx

But his evidence doesn't show the van reversing into him, on the contrary it will show rear damage to the van and therefore make it look like the OP's fault. Not much point in trying to claim from the TP's insurer if the TP denies liability and you have no evidence to back your claim, they'll tell him to jog on.

neilmcl

whatatodo said:

AdrianC said:

So you were hit by a vehicle... that didn't stop? The driver of which is denying liability?

If they were admitting liability, then the simplest route is to claim off their insurance directly.
If they are likely to deny it, then you have to consider whether it's worth the risk of an at-fault claim on your own insurance. Of course, now you've told them about it, there's no denying it ever happened in the future.

How bad's the damage to your car?
How bad was the damage to the van?

Yes, your insurer are very likely to pass it to a claim manager
Yes, those claim managers make part of their fee by providing credit-hire cars
Yes, if the van driver's insurance do not cough to it you may end up with that bill
Yes, you have currently decided not to claim from your own insurer on the terms they want you to claim
No, they will not work on the claim if you aren't actually claiming...

No, the van did stop and I got details/photos. The damage to them is tail lift and light and as its not a personal vehicle, I guess they are not as keen to pursue fix. My damage has been estimated (privately 2-3k and car is worth approx 3.5k). My hesitation with CMC is potential personal liability for credit-hire if other party doesn’t pay (I believe) and loading costs with repairs a side issue (from the negative comments Ive read, generally)

They accident management company won't pursue the case unless theirs appropriate and convincing evidence to back up your claim. Whilst you are right to be cautious I think you are over thinking this a tad.

AdrianC

Sandtree said:

AdrianC said:
Great. So just claim straight from their insurer.

If they didn't give you those details, use AskMID.
https://www.askmid.com/askmidenquiry.aspx

whatatodo said:

I decided to not continue with that claim and speak with the other parties insurance first (worried about costs liability). My insurance had contacted them, so they were aware and initially said they were waiting for clarification from driver, this appears to have changed now to not admitting liability. 

Fairly clear the OP doesnt need help finding the other insurer given they've already spoken to them more than once and been told liability is being disputed.

Yes, the driver is denying he did it.

But the OP has photographic evidence he did. If that is not sufficient to convince them if he's claiming directly, then it's unlikely a CMC and his own insurer will do so either - so it's going to be an at-fault claim.

Sandtree

The OP has photographic evidence hat the van stopped and potentially that a collusion occurred.

They have been unable to get the CCTV evidence that the van reversed into them rather than them going into the van - depending on the area of damage and what both sides are saying it may be more plausible that the OP is at fault...  the classic case of V1 saying they were stationary at a junction and V2 rear ended them whereas V2 states they were stationary behind v1 and without warning/reason V1 suddenly reversed into them.