TVR sandwich

[Stats2909]

Thanks to one and all.... I can’t describe how nice it is to have people that understand the feelings things like this generate… comments like “aren’t they kit cars anyway” (ETA - from friends/collegues etc) don’t really help

Swords have indeed been crossed and uncrossed numerous times but I'm in the fortunate position that I don't need to force the issue time wise and so have been letting the Police do their thing (rarely a quick process) in the hope of getting the best possible resolution.

There is a fair bit to this particular incident that I am not sure it would be wise to share at the moment (I'm hoping to be able to eventually). Until now the third party have simply been saying its with the Police, hence the delay/unhelpful attitude but with this avenue now ruled out criminaly (cost/practicality etc)it is very much time to start applying the screws again.

If only I didn't have a job to keep getting in the way... pesky nuisance all this work malarkey

Edited by Stats2909 on Wednesday 27th March 09:16

[Stats2909]

Seems that at every turn, just when it looks like things are being sorted, a new problem gets thrown into the ring

I've posted a question in SP&L about the third party voiding the insurance... as there were a few key facts omitted when the poilcy was taken out they might be trying to get out of it all.. can they really do this?!

Everyone is now waiting the outcome of the Police interview of the suspect, thankfully, like me they dont seem to want to let this one go !

If any S forum readers can help it would be hugely appreciated.

Thanks Stats

[v8s4me]

If you are “fully comp” your company will pay out won’t it? If you are covered, get the car fixed and let your company recover from the 3rd party once the police have done their bit.

[poo at Paul's]

Hang in there fella. I think they cannot ditch the third party element of the claim. Fingers crossed, it's dragged on for ages seemingly.

[NiceCupOfTea]

poo at Paul's said:

Hang in there fella. I think they cannot ditch the third party element of the claim. Fingers crossed, it's dragged on for ages seemingly.

This is what i understood as well.

[S2Mike]

NiceCupOfTea said:

poo at Paul's said:

Hang in there fella. I think they cannot ditch the third party element of the claim. Fingers crossed, it's dragged on for ages seemingly.

This is what i understood as well.

.
+1 . Keeping up the tantric pressure from here, for you too.

[Stats2909]

v8s4me said:

If you are “fully comp” your company will pay out won’t it? If you are covered, get the car fixed and let your company recover from the 3rd party once the police have done their bit.

I've thought about this and it's exactly where it all gets complicated and I'm having to go on the advice of others.

It looks like this MAY fall under the RTA insurer regulations, and possibly "Article 75" at which point regulations about subrogation may come into play and my insurers may not be able to reclaim the costs for repair (and presumably write-offs ) from the 3rd party insurer if they (my insurers) have already paid me... I'm no expert on this though and I might have completely the wrong of the stick but hoping SP&L advice can help.

[NiceCupOfTea]

Hi Stats,

Wondering how it's going? Noticed a few months the car was moved to the car park under a cover and I saw a Tamora parked on the road once I think. Just had a cursory glance as I drove past and couldn't see the S. Please tell me it's gone through insurance and is off being fixed?

[GadgeS3C]

Timely - I was wondering about this t'other day. Hoping for a positive outcome.

[Stats2909]

Hi All,

Forgot to update this and came across it today..... this got resolved FINALLY mid way through this year. In the end it was very simple - most of the 3.5 years() were spent achieving nothing till the right lawyer came along to fix it!

A lesson worth knowing for anyone that finds themselves in a similar situation:
1) Insured named driver crashes car into mine and flees the scene
2) Claims car was stolen and reports it to the police
3) Police dismiss his claim (and possibly laugh at the implausibility of it)
4) Policy holder / registered keeper told to identify who was driving at the car at the time of the incident
5) On refusal policy holder / registered keeper held 'vicariously responsible' and case is closed, eventually!

Happy motoring

[TR4man]

What has happened to the S?

[glenrobbo]

Hi Matt,

Good to hear that you finally got a resolution, but why on earth did it take so long? Three and a half years is a long time to be without a TVR.
I would have been thumping desks long before that. Especially if my insurance included legal cover. That was disgraceful!!!

I see from your profile that you now have a Tamora, so what did happen to your lovely S?.

Also I'm wondering what became of the perpetrator of all your woe?
Was he severely punished for:
Fleeing the scene of the accident?
Attempting to pervert the course of justice?
Wasting police time?
False declaration on his insurance proposal?
Refusing to state who was driving the car at the time of the accident?

I hope he got his wrist slapped by the full force of our judicial system.
And I hope karma gets the er as well.

Edited by glenrobbo on Monday 24th October 09:55

[NiceCupOfTea]

Thanks for updating, I often wondered about your old S, I do hope it has been repaired. Always keep an eye out for a Tiv as I pass but I am guessing you keep it garaged or have moved...

[Stats2909]

Hi everyone... its nice to have a reason to come back to the S Forum!

Sadly the S was taken away, I tried to sell it on and had interest but in the end it didn't happen, I fear the world is one TVR less now. The Tam is safely stored in the garage away from dangerous drivers with a shady grasp of responsibility.

Its interesting at you mention legal cover, I did have that, and whilst they continued the process it had no teeth; getting the right legal team seems the key. Essentially the legal protection teams argument was:

1) The Police have not charged anyone therefore there we do not know who it was
2) As we do not know who it was we cannot pursue a legal case as we need to know who it was, therefore...
3) ... we will keep asking the suspect and their insurers to own up to it!

Now, I understand the burden of proof in a criminal trial, and I understand how this differs in a civil case. I pressed for a reason as to why we couldn't take a civil case out against the suspect, present the evidence and let the judge decide (after laughing at their defence of it was stolen even the Police say it wasn't!). The only response i could get was "but we don't know who it was that was driving as the Police haven't charged anyone!!

If the Police had done that I wouldn't need legal help!! very very frustrating!

I'd given up hope until out of the blue I got a call from a lawyer who ultimately sorted it in a matter of months. All I can say is having good relations with specialist insurers is worth it, they care!

I'm not sure what happened to the owner and insurer of the car (a relation to the driver), but there was insurance fraud committed at the very least, from what I took away from the whole proceedings though there will not be any charges brought on that front. And then lets not get into the potential charges of wasting police time and all the rest of it.

I'd say they have a huge bill from their insurer and never get insurance again. But again I don't think his insurers are going to try and recover their losses (despite the individual having assets) and of course I'm sure he'll forget all this ever happened when applying for insurance again!

Its not surprising insurance is expensive if they never try to recover losses!

As for the driver, well, they were on Police bail at the time, broke their curfew to do all this and were duly taken back to clink . I don't think they are out yet from that little scuffle with the law, so Karma of sorts!