Vehicle written off by driver off a company vehicle

Linzi73

Hi 

Just after any advice as I feel this situation is going to be a nightmare. 

On Wednesday 15th May I was involved in a collision with the driver of a company van who failed to stop at a Give Way sign as he  "thought it was a straight road" 😕
He failed to stop and said he couldn't see the sign as it was blocked by a van. 
He said he's not from round my way so wasn't sure of the road. 
He said there were no road markings as the road is being resurfaced but there were signs all down this particular road to warn of work, skid risks due to loose chippings and to slow down. 

My van was wrecked and we were lucky not to be injured. 

Now my issues is that the companies insurance firm are dragging their heels and saying he hasn't admitted liability. 
The police were called by me and they have said he was at fault and gave us a log. 

So given this, why are the OP insurers saying they are investigating when they have the police report which states he drove across a give way. 
The police are also pursuing him for driving without due care and attention. 

The OP insurers have stated they are not obligated to contact us or our insurers and we are left without a vehicle
They told us to speak to our insurance and go via them but why should we when I was not at fault?

We've been told we'd lose our no claims going via our insurance which seems ludicrous. 

I have some minor injuries, still amd sore neck and bruising on my chest but nobody seems motivated to get this claim looked at. 

Do I have any pushback on this or a template to use to send them to resolve this quicker?

Thanks 

😕

Brie

You do need to contact your insurance company as that will be in their T&Cs that you do so when involved in an accident.  I don't know who has told you you will lose your NCD.  If you have any injuries at all, no matter how minor they may seem you need to get to your doctor to have them seen to.  If that's going to take some time ensure that you take photos, daily, to document them as they could end up being more serious than you think.  

Linzi73

@Brie the police said they'd called paramedics to come to check us over. They never showed. The police were rubbish, but that's another story.
Insurance is in husband's name and he called his insurance and they said he needs to call theirs. 
I have honestly never heard of anything as rubbish both ours and their insurance. 

My car got hit at Christmas whilst stationary and my insurance sorted a hire car within days, over Christmas as well. 

My husbands insurance said if he claims via them he will lose his NCB

Phoenix72

Linzi73 said:

My husbands insurance said if he claims via them he will lose his NCB

You are not claiming, you are informing your own insurer as you are required to.

cw8825

Linzi73 said:

My husbands insurance said if he claims via them he will lose his NCB

This is correct if a claim is made he will initially lose his NCB until the full recovery is made.Linzi73 said:

My car got hit at Christmas whilst stationary and my insurance sorted a hire car within days, over Christmas as well. 

Was this via your insurance or their accident management company?
There is nothing stopping you approaching any accident management company, to handle your case. 
I would have thought that if your version of what happened is correct and  injuries and hire involved its unlikely they would turn you down


you mentioned roadworks and a hidden sign. Was it clear that it was a give way?

Linzi73

@cw8825 the police seem to think so. 

DullGreyGuy

cw8825 said:

There is nothing stopping you approaching any accident management company, to handle your case. 
I would have thought that if your version of what happened is correct and  injuries and hire involved its unlikely they would turn you down


you mentioned roadworks and a hidden sign. Was it clear that it was a give way?

If they say the third party insurers haven't accepted liability you may well find accident management companies won't want to touch it. 

Linzi73 said:

Hi 

Just after any advice as I feel this situation is going to be a nightmare. 

On Wednesday 15th May I was involved in a collision with the driver of a company van who failed to stop at a Give Way sign as he  "thought it was a straight road" 😕
He failed to stop and said he couldn't see the sign as it was blocked by a van. 
He said he's not from round my way so wasn't sure of the road. 
He said there were no road markings as the road is being resurfaced but there were signs all down this particular road to warn of work, skid risks due to loose chippings and to slow down. 

My van was wrecked and we were lucky not to be injured. 

Now my issues is that the companies insurance firm are dragging their heels and saying he hasn't admitted liability. 
The police were called by me and they have said he was at fault and gave us a log. 

So given this, why are the OP insurers saying they are investigating when they have the police report which states he drove across a give way. 
The police are also pursuing him for driving without due care and attention. 

The OP insurers have stated they are not obligated to contact us or our insurers and we are left without a vehicle
They told us to speak to our insurance and go via them but why should we when I was not at fault?

We've been told we'd lose our no claims going via our insurance which seems ludicrous. 

I have some minor injuries, still amd sore neck and bruising on my chest but nobody seems motivated to get this claim looked at. 

Do I have any pushback on this or a template to use to send them to resolve this quicker?

Thanks 

😕

His insurers are there to protect him. He is their customer not you. 


They've asked for a police report, which is fine, that will take months to come and won't be released until after the decision on if to prosecute him has been made. 

It would be sensible for a location report to be done to confirm the road layout, signage, current markings etc to validate that they indeed have a give way that they failed to heed but the TPI isn't going to commission something that may damage their defence. 

This is why you pay your insurance, to defend you and your rights. If you dont want to use them you are going to have to sit tight and wait for them to get their statement from the driver, the police report, see the outcome of the police action (just because some one is being prosecuted isn't enough, your innocent until proven guilty). 

Linzi73

@DullGreyGuy I never stated his company insurance have asked for a police report.
He admitted liability at the scene to his supervisor who submitted a report 

DullGreyGuy

Linzi73 said:

@DullGreyGuy I never stated his company insurance have asked for a police report.
He admitted liability at the scene to his supervisor who submitted a report 

I was going by this bit of your original post...

Linzi73 said:

The police were called by me and they have said he was at fault and gave us a log. 

So given this, why are the OP insurers saying they are investigating when they have the police report which states he drove across a give way. 

They won't have the police report, if they've mentioned a police report then its likely they have requested one but they take an age to be available for purchase and won't be available until after any action to be taken against the other driver

Mildly_Miffed

The fact it's a company vehicle makes no difference.

You have two choices of insurers to claim from...

1. Your own.
If the other driver's insurer accept liability, you get paid out, it's a no-fault claim, and you don't lose NCB.
If they don't accept liability, you get paid out, it's a fault claim, and lose NCB.

2. Theirs.
If they accept liability, you get paid out, it's a no-fault claim, and you don't lose NCB.
If they don't accept liability, you get nothing.

Linzi73

@Mildly_Miffed i think he's going to backtrack on his admittance of liability.
Now he's had time to cool off. 
They have told us they have sent him an email to complete a statement of facts buthe hasn't responded... So I don't feel with all the extra factors with the resurfacing work on that stretch of road we are hopeful of proving he, was at fault as he will maintain there were no markings on the road and of course if they send anyone out to assess it, this section is now complete and back to normal