Hit by stolen car, found at fault, please help

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Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    It doesn't actually matter who was right and who was wrong what matters is the type of insurance you had. Third party does not insure your vehicle against damage. It only insures you for damage to the other persons vehicle that is why it is cheaper and also why most people pay the extra for fully comprehensive insurance. Fully comprensive insurance insures your car and the other car. Third party only offers insurance to the other party in an accident not you.

    There is no insurance for you to get. You didn't take any out for damage to your car.

    Your insurance does not pay out for damage to your car. That is it. There is nothing to overturn. You did not pay to insure your car there is no insurance money to pay for damage to your car because you didn't insure your car against damage.

    You only get insurance money for something that you have paid to insure. You didn't pay to insure your car against damage in an accident so the insurance company doesn't owe you anything.


    There is no point in trying to be in the right about this accident because it doesn't matter who was right and who was wrong all that matters is that you did not buy insurance for damage to your car in an accident.

    Most people who buy Third party do so because they have a very old car that they don't mind if it gets damaged because it isn't worth very much.
  • Quentin wrote: »
    In your case, your insurer has seemingly accepted you are liable


    Bearing in mind that they are the ones who "lose" by making this decision, and have no axe to grind, why not accept that this is your fault and move on!


    Alternatively concentrate on persuading eg. a claim handler/the MIB/the third party insurer that you are blameless - only way you are going to get any compensation for your write off!!

    thank you, those all avenues i will follow, but i will not give up trying with the insurance company just yet

    thanks once again
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 11 January 2018 at 3:22PM
    billyghom wrote: »
    thank you, those all avenues i will follow, but i will not give up trying with the insurance company just yet

    thanks once again
    Sorry to keep repeating this - but you have no insurance cover for damage to your car!!


    There is no point continuing "trying" to convince your insurer - even if you were not to blame they wouldn't be paying for your write off!


    (It would be in their interest to consider you blameless - but the facts are you were to blame - as you are constantly being advised here)
  • billyghom
    billyghom Posts: 29 Forumite
    edited 11 January 2018 at 3:41PM
    Quentin wrote: »
    Sorry to keep repeating this - but you have no insurance cover for damage to your car!!


    There is no point continuing "trying" to convince your insurer - even if you were not to blame they wouldn't be paying for your write off!


    (It would be in their interest to consider you blameless - but the facts are you were to blame - as you are constantly being advised here)


    Hi,

    sorry, I probably should have to made this clear earlier. But if I can overturn the decision for fault, then it no longer matters that I have TPFT, because it will be me making a claim against the other party.

    But as it stands, my insurance company is not willing make a claim against the other party because they have put me at fault. So just need to get that changed.

    They said they might be willing to overturn the decision if I can prove the other driver was intoxicated, if I can prove I was stationary, or if I can prove the other vehicle was speeding. But they are all things I cannot prove (no CCTV footage). But I keep telling them why do I have to prove these things when the other party will not dispute any of these because they are in hiding from the police and won't come out of hiding to dispute these. They risk being arrested if they do.

    It's silly, because of course the other driver was intoxicated with the amount of used drugs they had in the car, but because he fled the scene, the police could do not do tests on him for intoxication. That leaves me with no way to prove it.

    Thanks.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 11 January 2018 at 3:48PM
    Your insurer will never make any claim for you off the third party! They have nothing to claim for


    When you bought tpft insurance then you accepted that!


    (Saying the driver was intoxicated seems a guess???)
  • Quentin wrote: »
    Your insurer will never make any claim for you off the third party!


    When you bought tpft insurance then you accepted that!


    (Saying the driver was intoxicated seems a guess???)

    If the other party is found at fault, then I can make a claim for damages on their insurance regardless of the type of cover I have? Am i misunderstanding that, maybe I am

    Thanks.
  • Quentin
    Quentin Posts: 40,405 Forumite
    billyghom wrote: »
    If the other party is found at fault, then I can make a claim for damages on their insurance regardless of the type of cover I have? Am i misunderstanding that, maybe I am

    Thanks.





    Not necessarily. The car was stolen so the third party insurer may simply refer you to the MIB


    But understand you don't need to argue with your own insurer!!
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    billyghom wrote: »
    If the other party is found at fault, then I can make a claim for damages on their insurance regardless of the type of cover I have? Am i misunderstanding that, maybe I am

    Thanks.

    So if you want to claim for damage why are you trying to get your insurance company to claim for damage? Your insurance company did not insure your vehicle for damage so they are not going to claim from the other car's insurance company for your non existent damage cover.

    This is nothing to do with your insurance company you didn't have cover for damage to your car.

    Stop arguing with your insurance company over your non existent policy and go ahead and claim for damages against the insurance company which insures the other car. See how far that gets you. You certainly aren't going to be able to prove that the owner of the other car was at fault because they weren't driving the car. The people who were driving it were not insured to drive it.

    This kind of problem is exactly why people pay for fully comprehensive insurance which is more expensive. You took the cheaper option and you got what you paid for.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Cakeguts wrote: »
    ......This kind of problem is exactly why people pay for fully comprehensive insurance which is more expensive. You took the cheaper option and you got what you paid for.
    Annoyingly for the OP, comprehensive cover is normally cheaper than TPFT!
  • forgotmyname
    forgotmyname Posts: 32,549 Forumite
    First Anniversary Name Dropper First Post
    billyghom wrote: »
    Thank you. I don't disagree. But it doesn't say it's illegal and says it is okay to come out if it is safe to do (last few lines about not endangering anyone), and I cannot say enough it was absolutely safe for me to come out.

    Thank you.

    If it was safe how did you manage to cause the accident?

    It was not safe because there was a car coming you admit that, its speed is immaterial. You positioned your vehicle in the path of the oncoming vehicle, who had right of way. You are to blame end of.

    But your not going to listen to anyone on here, you disagree with your insurance and you will disagree with everyone that says you were at fault.

    You knew it was speeding, (which you cannot prove), and yet still pulled out.

    If you could not judge his speed as he approached i have to ask if you actually bothered looking properly.
    Censorship Reigns Supreme in Troll City...

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