No fault car insurance claim 28 December 2022 at 1:19PM in Insurance & life assurance 12 replies 287 views

Aretnap

daveyjp said:

Your claim is against the person named as main driver on the insurance policy and you may need to press your insurance company hard to continue the claim.

No, his claim is against the person who caused the damage, who may or may not be the person named on the insurance policy. He needs to establish who that person is, at least in the balance of probabilities, in order to make a successful claim.

Smithcom

Jeezz said:

Smithcom said:

Jeezz said:

I was hit while stationary at a roundabout. Police, ambulance and an investigation team arrived in minutes. 

Police took control and took personal details of each driver, wrote them down and exchanged details.

At the time I found it odd that the other driver did not hand over is drivers licence to the police, whereas I did.

Now the other driver is claiming that it wasnt him that was in the accident. There was another adult and two kids in that vehicle. They all went by ambulance to hospital.

I've given my insurance the police reference and they are now off to investigate.

It is currently a no fault claim.

My question is what would be the point of the third party to deny their fault, when I guess it would be easy enough to locate who was admitted to hospital, police have record and I have another driver, who wasn't witness but came up shortly after the accident, who could possibly identify him. 

What would be the likely outcome of this?

It sounds like there are many moving parts to this.

No-one on this forum will have the first idea about a likely outcome.

We can all agree that roundabout accidents are devilishly difficult to win.  But that said, you were stationery as I understand it.

The 3rd party appears to be denying being at the scene of the accident.   This sounds very odd.  

I'm incredibly impressed that the police, ambulance and an investigation team arrived within minutes.  If your insurers requests their police report, this may give them (your insurer) a better steer as to what's going on here.  May take some time for the request or the report to be actioned.

There's a lot about the information that you have posted that sounds 'interesting'.   There's possible explanations for it all, but something doesn't sit right, not least that your insurer are counting this as a non-fault accident for the time being, when presumably, they have made an outlay, which has not yet been recovered.      I'm not saying for one second that your information is not accurate, but more that there's some component parts that sound odd.

Hope you get it sorted.   Keep us updated.   Good luck

SC.

The investigation team and police both stated that it would be no fault even at the time of the incident. I was first in line waiting for the roundabout to clear, so I could go.

TP came from behind and rear-ended me, whilst I was waiting, when they should have stopped so it wasn't about who had right of way. TP pushed me into the roundabout so it was lucky no one was going through. 

Yes, it's really odd, so I will double check if the insurance company have the correct date.

The accident circumstances, on the face of it, seem very straight forward, notwithstanding that it was at a roundabout.

Your insurer probably needs to obtain the police report to establish identity of the driver of the 3d party vehicle.

I believe that DVLA will provide 3rd party vehicle details, if you have a legitimate reason for requesting.

Might be worth checking that your insurer have the correct registration number for the 3rd party

Be careful if moving insurer.  This is not a settled non fault claim, not yet anyway.

You may have a bit of work to do here to resolve

SC