No fault accident other driver won't give details - please help!!

lovebugfamilly

i dont think her insurance company will due to data protection they can only communicte with the tp insurers and the police , believe me her insurance company will do all they can to recover fom tp as they would be left with the cost after excess of course , as for losing ner ncd i didnt when i was in a accident that was not my fault (i.e it was deemed to be the other drivers as they went into the back of me )

lovebugfamilly

i should also mention im business insurance underwriter albeit not a motor one , but the principals re claims are near enough the same

borosteve_2

Thanks everyone you are better than Hetty Wainthrop and the Citizens Advice rolled into one!

Seriously though, my very sincere thanks.

V_tricky

Your wife's insurance company will be able to give out details of the other persons insurance company, the insurers telephone number and the claim/policy number without it contravening Data Protection as this isn't personal data in the way that a date of birth or home address is.

Under the Data Protection Rules, even if they have his address or other relevant personal data, you are entitled to obtain that information from them under Section 35 (2) of the Data Protection Act if it for use for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

borosteve_2

V_tricky wrote: »

The fastest way for More Than to trace to find this persons details is by doing a MID check on his registration number. Give them a ring straight through to their third party claims unit:

Third party claims with injury : 0845 075 5111
Third party claims without injury : 0845 075 5104

Thanks V_tricky, I tried More Than on the number above and they had no record of him, they then gave me another number (0800300252) to check with and they have no details of him too so I guess she'll have to go through her insurers.

V_tricky

Ah - did they just check 'their systems'? or did they actually do a MID check (which is not one of their systems, but run by Experian)?

It takes all of ten seconds to do and all they need is the accident date and registration number. This should bring up all the relevant policy details to at least confirm he has a policy.

Then if he does, but they can't find a record of the claim, they can transfer you to their Indian callcentre where YOU can report the claim for him. They will take the details from you, set up a claim, and then contact him for confirmation that the accident occurred, and whether he accepts liability.

I know it seems like a fag, and unfortunatley not all claims handlers will be as eager to help as others, but at least this will get the ball rolling.

lisyloo

I totally agree but I'm a little worried why they asked her to pay the excess upfront and the bit about trying to claim off someone else afterwards?

Hello,

It often takes months if not years to settle cases.
Sometimes there are on-going injuries involves and often people want to argue about whose fault it was.
In you case it's fairly obvious whose liable AND the car is driveable.
In a lot of cases people can't wait months or years for it to be settled before getting their car back on the road, so the way it works is that you make a claim on your own insurance, then in the fullness of time they claim the money back from the other party.

They can't guarantee they will be sucessful because some people aren't insured or some companies might argue about the details.
In your case there is no reason to thing it wont get settled but clearly you won't get anyone to give you a guarantee.
It does take time I'm afraid.

I would recommend that you both put a pen and paper in your dashboard and a disposable camera (if you don't have a phone camera).
Always try to get an independent witness.
She might be OK in this case but a lot of time people will dispute the facts.

Also I would say don't stalk the other party.
It's not the done thing.
In his posistion I would be quite worried about the boyfriend knowing where I live and to be honest I'm not suprised he's screening your calls.
What you are doing could be described as harrassement.
This really should be left to the insurers.
If I were the 3rd party who has openly admnitted to his mistake I would be quite concerned about direct approaches.
Also don't push him to admit liability. It can invalidate his insurance and that's the last thing you want.
Deal with it through the appropriate manner.
The guy may not want to give his address as he might be worried about getting a brick through his window.
I'm not suggesting you have been confrontational in any way, but I hope you can appreciate what it might be like for him having driven into someone's car.

borosteve_2

V_tricky wrote: »

Ah - did they just check 'their systems'? or did they actually do a MID check (which is not one of their systems, but run by Experian)?

It takes all of ten seconds to do and all they need is the accident date and registration number. This should bring up all the relevant policy details to at least confirm he has a policy.

Then if he does, but they can't find a record of the claim, they can transfer you to their Indian callcentre where YOU can report the claim for him. They will take the details from you, set up a claim, and then contact him for confirmation that the accident occurred, and whether he accepts liability.

I know it seems like a fag, and unfortunatley not all claims handlers will be as eager to help as others, but at least this will get the ball rolling.

I asked them to do an MID check and gave them his reg, the guy on the 0845 no said he couldn't find him and told me to ring the new claims on the 0800 number and they said they had no details either and told me to check through her insurance. I'll try Barclays now, I'm a named driver so hopefully they will talk to me.
Thanks again.

V_tricky

lisyloo - agreed on contacting the responsible person directly - stalking him isn't really going to get you anywhere!

BUT

There's absolutely no reason why you can't call his own insurer, and press them to do something. They are there to deal with third party claims

V_tricky

Hmm Borosteve - that sounds a bit suss - either he's on MID or he's not, and passing you off to new claims if they don't insure him sounds either like he didn't actually do a MID check (in which case ask Barclays to) or he did, but didn't want to give you the bad news?