Accident - third party have disputed

System

This discussion was created from comments split from: Car accident - not at fault but being asked to claim on my own insurance.

szmthy

pkonline said:

Hello!

Any advice would be welcome.

Insured fully comp my own care, and had accident in early Jan 2023 - other driver at fault, collided into me. My car a right off, sadly!

My insurers said car right off and been trying to get other drivers insurers. I am currently in a couresy vehicle.

Have received the following email from my insurers:

"Good Afternoon

 

The third party insurers are unable to deal with your claim at this time as they aren’t the insurance company who covered the vehicle at the time of the accident, as present we are chasing them for redirection details (as to which insurance will be covering the vehicle)  

 

As the third party insurers cannot currently deal with your claim  and we are awaiting the redirection details, because you are in a credit hire vehicle, we cannot allow you to stay in hire indefinitely accruing these charges at a rate of £46.04 per day, if this claim was to reach court, which it potentially will, a judge would ask AX why we have allowed you to stay in hire accruing these charges. In turn, the judge would ask you, why when you have a fully comprehensive policy and haven’t used it in order to keep the cost of your claim to a minimum. You have a legal obligation to mitigate your losses and it would not look favourably on either of us in court if you refuse to do this.

 

We generally allow third party insurers approximately 30 days to deal with any claim, and if for any reason they can’t (as mentioned above) we would ask you to claim for your vehicle damage via your own policy. We do explain to you in a pre-recorded message at the beginning of the claim that we may have to ask you to do this.

 

By asking you to claim via your own policy does not mean we think you are at fault, neither is it you accepting any form of liability. If we believed you were at fault, we would never have provided you a vehicle in the first place. Neither does it mean we will be collecting our car, you can stay in hire vehicle while your own insurers deal with your damage.

 

Unfortunately, if you refuse to claim via your own policy, AX would have no choice but to collect our hire vehicle, as mentioned above, we cannot allow you to stay in hire when nothing is happening to your own vehicle. We would not be able to recover these charges.

 

We await confirmation your own insurers have been instructed to deal with your vehicle damages."

I genuinely don't know what to do. Am frustrated how long this is taking, and annoyed at the other party. My car was only worth 3-4K but even a similar used replacement would cost much more.

Hi, 

im currently in a similar situation, just received this email but mine is they believe I’m the non fault party but the third party have disputed but aren’t responding to their emails to process the claim quick enough .

i don’t really want to claim on my own insurance as im not at fault. 

Did you end up claiming on your own or did you manage to sort it another way? 

cw8825

szmthy said:

pkonline said:

Hello!

Any advice would be welcome.

Insured fully comp my own care, and had accident in early Jan 2023 - other driver at fault, collided into me. My car a right off, sadly!

My insurers said car right off and been trying to get other drivers insurers. I am currently in a couresy vehicle.

Have received the following email from my insurers:

"Good Afternoon

 

The third party insurers are unable to deal with your claim at this time as they aren’t the insurance company who covered the vehicle at the time of the accident, as present we are chasing them for redirection details (as to which insurance will be covering the vehicle)  

 

As the third party insurers cannot currently deal with your claim  and we are awaiting the redirection details, because you are in a credit hire vehicle, we cannot allow you to stay in hire indefinitely accruing these charges at a rate of £46.04 per day, if this claim was to reach court, which it potentially will, a judge would ask AX why we have allowed you to stay in hire accruing these charges. In turn, the judge would ask you, why when you have a fully comprehensive policy and haven’t used it in order to keep the cost of your claim to a minimum. You have a legal obligation to mitigate your losses and it would not look favourably on either of us in court if you refuse to do this.

 

We generally allow third party insurers approximately 30 days to deal with any claim, and if for any reason they can’t (as mentioned above) we would ask you to claim for your vehicle damage via your own policy. We do explain to you in a pre-recorded message at the beginning of the claim that we may have to ask you to do this.

 

By asking you to claim via your own policy does not mean we think you are at fault, neither is it you accepting any form of liability. If we believed you were at fault, we would never have provided you a vehicle in the first place. Neither does it mean we will be collecting our car, you can stay in hire vehicle while your own insurers deal with your damage.

 

Unfortunately, if you refuse to claim via your own policy, AX would have no choice but to collect our hire vehicle, as mentioned above, we cannot allow you to stay in hire when nothing is happening to your own vehicle. We would not be able to recover these charges.

 

We await confirmation your own insurers have been instructed to deal with your vehicle damages."

I genuinely don't know what to do. Am frustrated how long this is taking, and annoyed at the other party. My car was only worth 3-4K but even a similar used replacement would cost much more.

Hi, 

im currently in a similar situation, just received this email but mine is they believe I’m the non fault party but the third party have disputed but aren’t responding to their emails to process the claim quick enough .

i don’t really want to claim on my own insurance as im not at fault. 

Did you end up claiming on your own or did you manage to sort it another way? 

You should really start a new thread rather than piggyback on a 2 year old one. 

If the third party are disputing it will be a similar situation. The hire company does not want to risk leaving you in a car racking up charges that will not be covered. 

While you may think your not a fault it may not be as cut and dried in reality. 

In my opinion. You pay for insurance for times like these. It blows my mind people go out of the way to avoid using it 

born_again

szmthy said:

pkonline said:

Hello!

Any advice would be welcome.

Insured fully comp my own care, and had accident in early Jan 2023 - other driver at fault, collided into me. My car a right off, sadly!

My insurers said car right off and been trying to get other drivers insurers. I am currently in a couresy vehicle.

Have received the following email from my insurers:

"Good Afternoon

 

The third party insurers are unable to deal with your claim at this time as they aren’t the insurance company who covered the vehicle at the time of the accident, as present we are chasing them for redirection details (as to which insurance will be covering the vehicle)  

 

As the third party insurers cannot currently deal with your claim  and we are awaiting the redirection details, because you are in a credit hire vehicle, we cannot allow you to stay in hire indefinitely accruing these charges at a rate of £46.04 per day, if this claim was to reach court, which it potentially will, a judge would ask AX why we have allowed you to stay in hire accruing these charges. In turn, the judge would ask you, why when you have a fully comprehensive policy and haven’t used it in order to keep the cost of your claim to a minimum. You have a legal obligation to mitigate your losses and it would not look favourably on either of us in court if you refuse to do this.

 

We generally allow third party insurers approximately 30 days to deal with any claim, and if for any reason they can’t (as mentioned above) we would ask you to claim for your vehicle damage via your own policy. We do explain to you in a pre-recorded message at the beginning of the claim that we may have to ask you to do this.

 

By asking you to claim via your own policy does not mean we think you are at fault, neither is it you accepting any form of liability. If we believed you were at fault, we would never have provided you a vehicle in the first place. Neither does it mean we will be collecting our car, you can stay in hire vehicle while your own insurers deal with your damage.

 

Unfortunately, if you refuse to claim via your own policy, AX would have no choice but to collect our hire vehicle, as mentioned above, we cannot allow you to stay in hire when nothing is happening to your own vehicle. We would not be able to recover these charges.

 

We await confirmation your own insurers have been instructed to deal with your vehicle damages."

I genuinely don't know what to do. Am frustrated how long this is taking, and annoyed at the other party. My car was only worth 3-4K but even a similar used replacement would cost much more.

Hi, 

im currently in a similar situation, just received this email but mine is they believe I’m the non fault party but the third party have disputed but aren’t responding to their emails to process the claim quick enough .

i don’t really want to claim on my own insurance as im not at fault. 

Did you end up claiming on your own or did you manage to sort it another way? 

Insurance companies decide who is at fault not you 🤷‍♀️

Claiming on your insurance is not going to make any difference. You still have a claim to declare.