claiming car insurance

**ruudvandan** · 3 January, 2011, 03:17

do you have legal protection? If you do get solicitors involved. If you've got his license and/or insurance details then he will find it pretty hard to deny it. It happened to me and the solicitors sorted it all out. I had to write a statement for the solicitors and I got a court summons but his insurance company settled before the hearing. You've already informed your insurance company so you will already have the claim on file.

Ultimately he has broken the law by not informing his insurance company of the incident.

**cactikid** · 3 January, 2011, 10:46

did you look to see if any discs were on the windscreen,insurance/tax and mot? and in date,go back and take photos of the road were accident happened also the markings and signs to back up your claim.why cant people read road signs and lights a right arrow means you have to turn right as lane ahead may only cater for 1 lane which you are in.

**janobi** · 3 January, 2011, 15:32

Ok I used to work as a claims advisor for an insurance company, so have a fair idea of how things work. If he aint responding to his insurance company, then he has insurance. Thats the first thing.

However IMHO you wont get him to admit liability, and its not the responsibility of the driver to admit it. Its actually the insurance company who admit liability, and in this kind of a situation, then they will not. You will be getting a 50/50 claim, unless you can prove categorically that he went into you, which is unlikely unless you can get video evidence.

TBH your better off just claiming, or paying to get the damage fixed yourself, as sadly the guy wont admit he is in the wrong, and the insurance company certainly wont without irrefutable evidence. As I said, this will go down as 50/50 or knock for knock.

With him not responding in 6 weeks though, that is massively in your favour, as without his say on things, then the insurance company might well just concede. But if he fights it, then I would say it would go down as a knock for knock claim. Also if you ever get someone to admit liability at the roadside, then you need to get them to write a sworn statement, that is then signed and dated. Also take photos of both cars at the scene, to ensure no further damage is created to either vehicle.

While he should of informed his insurance company, its not illegal not to inform them. Its frowned upon by the insurance company, but its not illegal.

**Lainie** · 3 January, 2011, 19:05

thank you for the replies peeps. i cant take pics of the junction, lights or road markings as its a busy busy junction.dont know if the roads dept could help me out? i didnt take pics as he was a good bit away from me when i stopped and my car was causing an obstruction etc. i

im so angry this could cost around ?500 to fix when it wasnt my fault. i do need to add his was an old w reg car so prob wasnt as damaged as mine. he has prob been driving for yrs and yrs and wont want to lose his ncd.

**chucklor** · 3 January, 2011, 19:50

Your insurance should also be helping you more Lainie, there are accident accessors who work for the companies and with a plan of the junction and the damage sustained by each vehicle can actually work out what happened. Keep on at them daily and grind them down that's why you pay them over inflated prices' it once took me 9 months to get paid out but eventually they coughed up, best of luck....

**ruudvandan** · 3 January, 2011, 21:06

Originally posted by Lainie

thank you for the replies peeps. i cant take pics of the junction, lights or road markings as its a busy busy junction.dont know if the roads dept could help me out? i didnt take pics as he was a good bit away from me when i stopped and my car was causing an obstruction etc. i

im so angry this could cost around ?500 to fix when it wasnt my fault. i do need to add his was an old w reg car so prob wasnt as damaged as mine. he has prob been driving for yrs and yrs and wont want to lose his ncd.

try gettin pics of the junction off google street view

**patkins** · 3 January, 2011, 21:20

Ok Lainie,and just from the Irish point of view-it is an offense if you do not inform the Gardai of an accident.
Are you suppose/obliged to contact Police to attend accident?
Is there cctv on or near the junction?
Initially there is the shock/disbelief ,however large or small, when the accident occurs. You're not thinking straight and in hindsight would have thought of your camera-phone for a pic or you may have asked others at the junction to witness the event.
However, with the pressure of thinking that you are holding up the whole world behind you with your car in the road, even though it wasn't your fault, you don't think of all of these things.
I hope you are sucessful in your persuit of justice and remember that, should it happen again, you have hindsight to do it all better the next time.

**cactikid** · 3 January, 2011, 21:29

if you have no luck,we have 10,000 members here can sort him out jusk ask

**thered** · 4 January, 2011, 13:22

Originally posted by Lainie

6 weeks ago a guy ran into the side of me at lights in paisley. there were 2 lanes to turn right he was in the right hand land - i was in the left one. when lights changed he went into me. imo he either thought i was going straight on or tried to beat me over the lights to then get into the left hand lane as there is a filter lane bout 75 yrs after the lights to go right only. he junted me sideways a bit and i pulled over and got out the car even though it was absolutely bucketing it down.

this junction is next to my work and i know the road very well. you move from 1 set of lights 25 yrds to the next. there are 3 lanes. left hand one to go straight on and the midde and right had lane to go right.

dont think he was going to stop as he was a good 50 yrd after the lights when he eventually did stop (he was in the left lane). he came over and asked wtf i was doing and i replied "eh you went into me etc

took licence details etc and said insurance can sort it out. as most of you will know ive only been driving just under 2 yrs now so i didnt really know what to do or say.

anyway i contacted my insurance company etc. i phoned them for an update on friday and he has not responded to any communication from his insurance company.

unless he admits liability i dont want to claim my insurance and loose 3 yrs ncd plus ?250 excess. the front right wing is damaged and a lil bit of the bumper.

any advice guys?

i think some solicitors will take your claim for free after all you have whiplash havent you there are solicitors who tell you to phone them before you phone your own insurance they can sort everything out taxi's hire cars loss of earnings anything at all that has put you out of pocket and recover costs from the other side

you also had a witness in car with you not a family one who can side with your version as that should seal the deal

**suley** · 4 January, 2011, 13:37

Ok my input into this since i am a claims handler for Third party claims at an insurer. Yes do take pictures of the junction eventually when the TP dosent respond they will have to look to deal on a Without prejudice basis (WP). What they will want is evidance the incident occured, so a description of driver, vehicle, how it occured etc. In simple they will want you to prove the claim.
In theory insurance companys have 90 days to investigate. I would suggest if you know who the insurance company is ring your self and ask what there position is.
Has there client reported? - If no then how long they going to give and whats the process with regards to it, some follow a 3 letter route before they look at WP.
If he has then whats there clients alligations - be carm dont go on the offensive listen to what they are saying and what there client says. If they are disputing advise you will tell your insurance company and they shall respond for you.
Also i see it less likely as a 50/50 more a non fault incident but then again i cant see the road. If you want to pm me ill take a look and advise. Maybe google map it.
Also if your policy has legal cover then ask them to deal with for you, if you have injury use your own legal will just push the other insurers for a quicker responce as they know they are incuring costs. Dont if you can avoid it use solicitors they may do it for free but they will take cuts, or ask you to buy an after the incident policy. If you have legal cover on your policy they can sort your PI and they will sort just as good as they all preaty much use the same medical experts. ( i know since my job

) If your unsure who insures pm me the reg ill do you an dvla search.

Also as for the passenger unless the incident happend in scotland does not count as a witness as has a mutal intrest in the claim. Cam be used to confirm what happend but that only is any good if they deal on WP

**janobi** · 4 January, 2011, 16:59

Originally posted by suley

Ok my input into this since i am a claims handler for Third party claims at an insurer. Yes do take pictures of the junction eventually when the TP dosent respond they will have to look to deal on a Without prejudice basis (WP). What they will want is evidance the incident occured, so a description of driver, vehicle, how it occured etc. In simple they will want you to prove the claim.
In theory insurance companys have 90 days to investigate. I would suggest if you know who the insurance company is ring your self and ask what there position is.
Has there client reported? - If no then how long they going to give and whats the process with regards to it, some follow a 3 letter route before they look at WP.
If he has then whats there clients alligations - be carm dont go on the offensive listen to what they are saying and what there client says. If they are disputing advise you will tell your insurance company and they shall respond for you.
Also i see it less likely as a 50/50 more a non fault incident but then again i cant see the road. If you want to pm me ill take a look and advise. Maybe google map it.
Also if your policy has legal cover then ask them to deal with for you, if you have injury use your own legal will just push the other insurers for a quicker responce as they know they are incuring costs. Dont if you can avoid it use solicitors they may do it for free but they will take cuts, or ask you to buy an after the incident policy. If you have legal cover on your policy they can sort your PI and they will sort just as good as they all preaty much use the same medical experts. ( i know since my job

) If your unsure who insures pm me the reg ill do you an dvla search.

Also as for the passenger unless the incident happend in scotland does not count as a witness as has a mutal intrest in the claim. Cam be used to confirm what happend but that only is any good if they deal on WP

Sulley, I am suprised you suggested this wouldnt go as knock for knock. You should know how hard changing lanes faults are to prove, and without categoric evidence to prove either way, then it would be knock for knock.

Dont listen to whoever said to call a solicitor, and put in a whiplash claim, and you had a passenger, becuase that will just cause you problems, and could void your insurance.

Also you cannot call the TPs insurance, as they will not tell you anything due to the DPA. Your insurance company would of sent a letter to TPs insurance informing them of a collision, and that their driver is being named as involved. Its the TPs responsibility to prove differently, and not yours. So I wouldnt bother calling the TPs insurance company. Waste of time IMO.

Also unless lanie is claiming then the TPs insurance are not incurring any costs, as she is not in a hire car, or has any PI. Sounds like to me the TPs just going to try and ignore the situation, hoping that you go away. If he does, then I would think your insurance would get dealt with on a without prejudice basis.

**suley** · 4 January, 2011, 19:25

Originally posted by janobi

Sulley, I am suprised you suggested this wouldnt go as knock for knock. You should know how hard changing lanes faults are to prove, and without categoric evidence to prove either way, then it would be knock for knock.

Reason i based on that is take into account TP has not reported to insurer, so insurer has less grounds to disputre on. If tp did report would need to say what he says but also area of dammage would usually help prove, also saying both were at trafic lights going forward and tp has moved inwards would suggest tp at fault however like i said need to see road markings, my decision was based on tp not reporting

Code:

 
Dont listen to whoever said to call a solicitor, and put in a whiplash claim, and you had a passenger, becuase that will just cause you problems, and could void your insurance.

Agree with that.

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Also you cannot call the TPs insurance, as they will not tell you anything due to the DPA. Your insurance company would of sent a letter to TPs insurance informing them of a collision, and that their driver is being named as involved. Its the TPs responsibility to prove differently, and not yours. So I wouldnt bother calling the TPs insurance company. Waste of time IMO.

Depends on which insurance company, DPA is usually tp name or reg / date of incident and your reg and name Most insurance companys allow tps to deal direct if depending on cover.

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Also unless lanie is claiming then the TPs insurance are not incurring any costs, as she is not in a hire car, or has any PI. Sounds like to me the TPs just going to try and ignore the situation, hoping that you go away. If he does, then I would think your insurance would get dealt with on a without prejudice basis.

Agreed on that, seems most likley and best work out to your advantage just sadly you have to wait. I would suggest call your insurers and find out whats the tp's status and when they will look to deal WP.

Thanks
Suley

**Lainie** · 4 January, 2011, 23:44

ive got it in google maps but cant get the pic on here. it was at the lonend junction in paisley at the mill street lights A726 - the right hand turn before bridge street. street is 3 lanes wide and both the middle and right hand lane for turning right. at the end of the a761 (gordon street).

**Donka** · 5 January, 2011, 00:19

How's your wiplash?

claiming car insurance

claiming car insurance

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