Third party insurer taking ages / refusing to respond

BiarritzBlau

Hi, 

I got into an accident in July 2021 where a driver merged into my lane on a dual carriageway, hitting the rear passenger side arch of my car. I'm with Hastings Direct and while I'm not claiming (cause' I drive an older car and its not worth the hassle), the third party is claiming through insurance. Anyway, its now September 2021 and the third party insurer is still refusing to respond to my insurer. I've called Hastings numerous times between July and September and its always the same reason; 3rd Party insurer is not responding and they're chasing it up. Hastings are trying to push for 50/50 but it seems nowhere near that atm.

I've just bought another car recently and that's been sitting on my road for the last 2 months and it bothers me because I think this claim might not finish till my renewal (December 2021) and Hastings won't let me transfer the insurance because there's an ongoing claim. Battery will probably die by then. 

Is there anything I can do to make Hastings speed up so this process can finish?

Thank you, 

Jenni_D

Why 50:50 if the other driver changing lane caused the incident? Is it because the other party have not admitted liability and there are no witnesses (or other evidence like dash cam recordings) to validate one party's version of events over the other's?

Unfortunately a claim/case will remain open until such time as both parties' insurers reach a settlement.

Note: Unless this gets recorded as a non-fault incident (by which 50:50 or even 75:25 means you'll share some of the "fault") you will have to declare this on any new insurance application for the next X years (X depending on what any insurer asks). In other words, whilst you aren't claiming, there's still a claim.

facade

These things take months.

If Hastings really wont transfer your insurance, and there is no reason why they shouldn't, unless they would normally decline to insure that particular car with you, then you need to take out another policy to cover the new car, before you get a massive fine for keeping an uninsured vehicle on the road- unless you SORN'd it, in which case you will get clamped, and a massive fine plus backtax for keeping a SORN'd car on the road when DVLA spies see it.

Sandtree

BiarritzBlau said:

I've just bought another car recently and that's been sitting on my road for the last 2 months and it bothers me because I think this claim might not finish till my renewal (December 2021) and Hastings won't let me transfer the insurance because there's an ongoing claim. 

Any car on the road must have insurance on it even if its not being driven... the only vehicles that can legally not have insurance are ones that are officially and properly SORNed.

The situation however is generally unclear... you allege the third party is fully at fault but you are not making a claim for damages. Your insurers arent getting any replies from the TP but that would indicate the TP isnt trying to hold you liable else there would be replies saying you are at fault. 

With these sorts of cases as your insurers have no losses they have little incentive to do much and more likely will just diary it on for 6 months and close the file if there is no TP approach (though have to reopen if they do approach later).

There is nothing to stop you transferring the insurance with an open claim as long as the new car is acceptable to your insurers.

Car_54

OP, has the TP's insurer contacted your insurer at all? If not, how do you know the TP is claiming?

born_again

If you are not claiming. Then why is your insurer involved? Unless it is the 3rd party ins co that has contacted them in the 1st place.

Ectophile

For your new car, there's nothing stopping you cancelling the old policy, even with a claim open. Then take out insurance on the new one, being honest about the open claim.

Sandtree

Ectophile said:

For your new car, there's nothing stopping you cancelling the old policy, even with a claim open. Then take out insurance on the new one, being honest about the open claim.

With an unresolved claim a cancellation normally wont result in any return premium... hence the OPs own suggestion of transferring the policy to the new vehicle is better (and if they have less than 9 years NCD it also doesnt result in losing the part year NCD)

BiarritzBlau

Hey, 

Sorry for the lack of replies. Honestly forgot about this post lol. 

But I've made the decision to just wait until my renewal in December. And hopefully, Hastings will give me a quote for other car that I bought or I may have to go with another insurer. 

Replies to some of the questions above:

I was actually the first one to tell my insurer that I had got into an accident. I think its called a Notification of Accident or something and also clearly saying that I didn't want to claim. This was on the date of the incident (10/07). And then afterwards, the TP insurer contacted my insurer on 3/09. 

I didn't claim because the damage sustained to my car wasn't worth the hassle. Its a 2000 BMW 5 Series that I bought in 2018 and its just ticked over 229,000 miles. It was just a minor scuff to the rear nearside wheel arch. Whereas the TP has a white car and the scuff on his bumper is very noticeable. 

I have 3 years NCB so am I right in saying that if this does go 50:50, I'll be losing 2 years. 

Also thanks for mentioning that I need insurance to park my new vehicle on the road. I currently only pay its road tax and I assumed that was enough to park it legally on the road (I don't use the car though). But now, I stand corrected. So I'll have to leave it in my driveway then. 

BiarritzBlau

Also Sandtree, I know you mentioned that after about 6 months, insurers usually close the case, if the TP doesn't cooperate. 

I wrote an email a week back to ask Hastings what was going on. And this is what they said:

"The third party do have up to 6 years to make this claim, so until they confirm they aren’t looking to hold us liable or if we don’t hear anything from them in a 6 month period we will be unable to close the matter, furthermore if this matter does go to court, this process can take up to a year or longer before we will be able to close it.

This is the correct process we are following, as if we were to just close and ignore the third party, they will issue to court against yourself and be successful in obtaining a county court judgement, this is something we can’t allow".

[Deleted User]

I started a claim in January and One Call, the 3rd parties insurers, still refuse to respond.
The 3rd party drove into my, legally parked, car (i wasn't in it) and their insurance company, One Call, flatly refuse to pay up.
As previously stated - these things take as long as the slowest party moves.
The case was handed over to the legal team (mine) after 4 or 5 months and it's still ongoing !