Insurance query - someone hit my stationary car

Rich1234a

Hi,

Last October my stationary car was hit by someone visiting a neighbour. I had a witness who saw the accident and heard the bang and I came out of the house. I took photos of my car, his van, him and his driving licence. He was insured with Haven insurance.

My car was repaired quickly through the insurance company but I had to pay my £350 excess and claim it back from the third party - which has still not happened.

His insurance company have been dragging their feet since October, their responses have been to my insurance company have been 1) resend all of the information again please, 2) resend all of the information again please 3) we have no knowledge of an accident as our customer has not told us about one 4) his insurance company are now advising my insurance company to ‘go after him personally’ as they have no knowledge of the incident and he is ‘not responding to them’.

I have legal cover and it is currently with my insurance companies team leader deciding on what happens next.

Are these standard tactics and does anyone know how this could likely play out? I have the option of knocking on the neighbours door and asking them, but not sure if that’s the right thing to do.

I mistakenly thought that as it was a ‘neighbour’ thing, the driver would have done the right thing and owned up to it.

Many thanks for reading, best wishes,
Rich

DullGreyGuy

Your insurers should be the ones that are advising. 

Given there is no known indemnity issues your insurers should either be issuing against the third party including your excess and any other uninsured losses or appointing a solicitor under your LE cover and asking them to issue for your and their losses. 

Once they have a judgement against the driver they can force the third party insurer to deal with the matter.

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Your legal cover should take him to Court to recover your excess for you (and their outlay, then they can mark it off as a "none-fault" claim).

Your witness's statement and your evidence of the photos of the damage, him and his driving licence should prove his involvement beyond "the balance of probabilities", so your side should win. (He probably won't even turn up to contest it if he won't talk to his insurance)

Whether they will actually get any money out of him is another question.

He should simply allow his insurer to act for him and it wouldn't get to Court as they would settle, but if he is adamant that he won't speak to his insurance I've no idea what happens.  I'd expect that his insurance would be required to pay under the Road Traffic Act, and they would then try and get their money back off him for breaching the terms of his cover.

DullGreyGuy

facade said:

Your legal cover should take him to Court to recover your excess for you (and their outlay, then they can mark it off as a "none-fault" claim).

When its just an excess sometimes insurers will do it the other way around and just do all the recovery themselves... technically a bit naughty but it happens and most insureds seem to prefer the idea of talking to their insurers solicitors rather than being farmed out to a panel solicitor firm, that may or may not have the greatest reviews online.

facade said:

He should simply allow his insurer to act for him and it wouldn't get to Court as they would settle, but if he is adamant that he won't speak to his insurance I've no idea what happens.  I'd expect that his insurance would be required to pay under the Road Traffic Act, and they would then try and get their money back off him for breaching the terms of his cover.

The RTA only requires them to act after a judgement has been entered against the driver of the vehicle.

Often its less of people refusing but have changed contact details and not informed their insurer and/or people thinking their insurer is RAC or Budget etc who are actually their broker and haven't noted that Haven are their actual insurers so ignore it as junk/spam etc. 

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DullGreyGuy said:

 <snip>
Often its less of people refusing but have changed contact details and not informed their insurer and/or people thinking their insurer is RAC or Budget etc who are actually their broker and haven't noted that Haven are their actual insurers so ignore it as junk/spam etc. 

So I was pretty much right, the RTA requires them to pay once he is found liable, and if the above is the case then probably when the legal papers drop on his doormat he will  contact his insurer, then they will act for him and settle before it actually gets to Court.

Rich1234a

Many thanks to all who replied and for your insights advice.  My interpretation is that the third party insurance company is using delaying tactics and also my insurance company is also dragging their feet to delay the use of a legal intervention as that costs money.  Thanks again.

cw8825

Rich1234a said:

Many thanks to all who replied and for your insights advice.  My interpretation is that the third party insurance company is using delaying tactics and also my insurance company is also dragging their feet to delay the use of a legal intervention as that costs money.  Thanks again.

Your interpretation is slightly wrong regarding your own insurer.  If they have paid out. They will want their money back. They are a business at the end of the day. It’s not in their interest to leave it outstanding