car has been written off

the_boy_with_no_name

guys was in a pretty bad accident 2 weeks ago. a van went right into the front of my car (it came onto my side of the road instead of taking a corner).
my insurance has offered me a settlement of 2500 (paid 7500 for the car 3 years ago) which could buy me a replacement car the same as what i had.

the other driver addmitted full libality to the police who attended.

questions:
1. is there any way i can claim more money off the other driver?

2. i wont have a car for a few months, do i need to keep my insurance going?

3. the police wont give me his details due to the data protection act, how can i get them?

4. i suffered a moderate degree of whiplash in the accident, how long have i got to raise a claim (was off work for 2 weeks & given strong pain killers from the doc).

cheers guys

dunstonh

1. is there any way i can claim more money off the other driver?

Out of pocket expenses can be claimed and you do this via your legal expenses cover.

2. i wont have a car for a few months, do i need to keep my insurance going?

Yes. For the time being anyway. As you have had a claim, you wouldnt get a penny back if you cancelled until the other party's insurers have accepted liability and your record is shown as a no fault claim.

3. the police wont give me his details due to the data protection act, how can i get them?

Why do you need them?

4. i suffered a moderate degree of whiplash in the accident, how long have i got to raise a claim (was off work for 2 weeks & given strong pain killers from the doc).

ASAP. You should notify your legal team (via the legal expenses you hopefully took out) now. If you didnt take out legal expenses cover then you should look to employ a firm now.

missile

You are only entitled to what the car was worth. £7.5 three years ago - £2.5 now would sound about right but I suggest you get some advice re cars value. Go to dealer and ask for info per glasses guide and use this to support your claim that the car is worth £X.

I am very surprised police refused to give you name and address for other driver, to quote data protection act is BS. I believe you have a legal right to this info, unless they have reason to believe you may harm other driver? If you really want to know, I would write and complain to the chief constable. However as Dunstonh says do you need to know? I guess you know who his insurers are?

You must claim as soon as practicable. Two weeks has already gone by,,,,,,,,,,, do not wait any longer.

Tori_Bellatrix

missile wrote: »

You are only entitled to what the car was worth. £7.5 three years ago - £2.5 now would sound about right but I suggest you get some advice re cars value. Go to dealer and ask for info per glasses guide and use this to support your claim that the car is worth £X.

I am very surprised police refused to give you name and address for other driver, to quote data protection act is BS. I believe you have a legal right to this info, unless they have reason to believe you may harm other driver? If you really want to know, I would write and complain to the chief constable. However as Dunstonh says do you need to know? I guess you know who his insurers are?

You must claim as soon as practicable. Two weeks has already gone by,,,,,,,,,,, do not wait any longer.

Yeah, I am surprised at this also .... When I had my accident last year, the police actually gave me the other drivers details when I asked ..

choccybikkie_2

Yes, The police automatically gave me other drivers details after my accident 2 months ago.
You have to exchange details after an accident it's the law.
Also with regard to the personal injury if the other driver has admitted full liability then their insurance company will deal with your claim- you don't have to have legal cover or instruct a solicotor (although you can if you like)
Just contact third parties insurer and let them deal with it.

jessjess_2

admitting liability at the scene dosent mean anything, most likely the TPI will fight it.

the_boy_with_no_name

i dont have a note of any of the other drivers details, the police took them all (we never excanged details, the vam wasn't taxed & he had just bought it so i rang the police).
surely him making a statement (which the police took one from me also) to the police of what happened & telling them it was his fault is a legally binding statement (the police told me that he addmitted libality) that his insurers cant go back on.
he has traders insurance if that makes any difference

patchwork_cat

HAve you got your tax disc out of the written off car? Who is your insurance co. Ours were not interested in any values that I could get on replacement car. they told me that they used the Glass's guide replacement value and that was that. When I asked them to reasses it they had someone sit in an office and check engineers figures and didn't relook at car. When I told them that they cost more than they said to replace I was told that they windscreen price is a starting price only - this was Direct Line

the_boy_with_no_name

yep tax disc is out & getting sent off this week for a refund.
1st offer was £1500 & got that up to £2500.

my excess has to come off that & i will claim that back off the other guys insurers

missile

the_boy_with_no_name wrote: »

& i will claim that back off the other guys insurers

How are you going to do that, if you don't have his name and address and if you don't have insurance details, how do you know he has traders insurance??

the_boy_with_no_name

missile wrote: »

How are you going to do that, if you don't have his name and address and if you don't have insurance details, how do you know he has traders insurance??

my legal protection will claim it back & my insurance have applied for a police report for his details