Hit & Run, witness lives abroad, insurers say no hope.
Discussion
My car was recently reversed in to by another while parked, substantial damage to the rear wing and wheelarch. Other car drives off.
Witness leaves note with reg no. and phone/email, I contact to say thanks and they tell me they are leaving the country in a week because they live/work abroad, so if insurers need anything, ask quickly.
I call insurers and explain, they check (as have I already) and confirm the car is insured so they tell me to leave it to them, took witness details and I confirmed the issue of imminent departure. Told me not to bother with Police.
Just before the witness leaves I call insurers who tell me they've had no response but its too soon anyway.
I made a schoolboy error in agreeing to have my car repaired before confirming liability - mea culpa, 13 yrs no claims is now 4, doubling my premium. Stupid thing to do.
3rd party has now denied liability and insurer's view is that because the witness can't appear in a UK court without being flown halfway around the world it's too bad and I have to suck it up.
I can be as philosophical as the next man, but I have to admit I think this deal is a bit one sided.
Were insurers right to tell me not to go to the police? Should insurer's have obtained a witness statement (sworn?) given they knew the witness was leaving the country?
Could I use Moneyclaim and challenge them to perjure themselves?
Should I just apply to the DVLA and find out where they live before hammering frozen sausages in to their lawn?
Help me, oh wise ones.
Witness leaves note with reg no. and phone/email, I contact to say thanks and they tell me they are leaving the country in a week because they live/work abroad, so if insurers need anything, ask quickly.
I call insurers and explain, they check (as have I already) and confirm the car is insured so they tell me to leave it to them, took witness details and I confirmed the issue of imminent departure. Told me not to bother with Police.
Just before the witness leaves I call insurers who tell me they've had no response but its too soon anyway.
I made a schoolboy error in agreeing to have my car repaired before confirming liability - mea culpa, 13 yrs no claims is now 4, doubling my premium. Stupid thing to do.
3rd party has now denied liability and insurer's view is that because the witness can't appear in a UK court without being flown halfway around the world it's too bad and I have to suck it up.
I can be as philosophical as the next man, but I have to admit I think this deal is a bit one sided.
Were insurers right to tell me not to go to the police? Should insurer's have obtained a witness statement (sworn?) given they knew the witness was leaving the country?
Could I use Moneyclaim and challenge them to perjure themselves?
Should I just apply to the DVLA and find out where they live before hammering frozen sausages in to their lawn?
Help me, oh wise ones.
I don't think there's much that cna be done in these situations.
Worth paying a little extra for the NCB protection IMO. The premium still rises but the NCB discount remains the same.
If the insurers were to push this to court then it's likely the witness might be asked to attend. The insurance won't want to spend all that money to take them to court then have it not go in your / their favour due to a lack of witness if requested
Worth paying a little extra for the NCB protection IMO. The premium still rises but the NCB discount remains the same.
If the insurers were to push this to court then it's likely the witness might be asked to attend. The insurance won't want to spend all that money to take them to court then have it not go in your / their favour due to a lack of witness if requested
So suck it up! What luck to have a stand-up witness do the right thing, but be a non-resident.
I made the biggest error (apart from the pseudo eco-warrior hybrid driving pot of tossness at the wheel) letting it get fixed before having an admission of liability. Won't bother doing that again!!
I've also just had my renewal through and the premium has only gone from £380 to £550, before I've shopped around, which doesn't seem to correlate to losing 2/3's of NCB but is (on balance) fine by me.
Watch out for a black Lexus hybrid MSO 216 especially when reversing away from a pub, I know I will!
I made the biggest error (apart from the pseudo eco-warrior hybrid driving pot of tossness at the wheel) letting it get fixed before having an admission of liability. Won't bother doing that again!!
I've also just had my renewal through and the premium has only gone from £380 to £550, before I've shopped around, which doesn't seem to correlate to losing 2/3's of NCB but is (on balance) fine by me.
Watch out for a black Lexus hybrid MSO 216 especially when reversing away from a pub, I know I will!
NCD is normally capped at 5 years (there will be the odd exception) additional years are just claim free and do t attract further discounts. Normally 2 years are lost for a first claim in a policy year (there will be exceptions) so you've lost 2 of 5 years not 11 of 15.
The increase is not that excessive. Maybe you could pay for the witness' travel to attend court?
The increase is not that excessive. Maybe you could pay for the witness' travel to attend court?
It crossed my mind, but the witness lives in Singapore!! And I suspect they wouldn't live there if they didn't have a well paid job that would need compensating for time off as well.
Good point about NCB calculation, the premium difference is boring but thankfully affordable and not worth stressing about in the grand scheme of things, I would have enjoyed the perpetrator being held to account for their actions (no way did they not realise what they had done) but such is life, the Karma bunny will no doubt strike them at some point.
And I BBQ'd all my sausages last night so that plan won't work.
Thanks for the comments.
Good point about NCB calculation, the premium difference is boring but thankfully affordable and not worth stressing about in the grand scheme of things, I would have enjoyed the perpetrator being held to account for their actions (no way did they not realise what they had done) but such is life, the Karma bunny will no doubt strike them at some point.
And I BBQ'd all my sausages last night so that plan won't work.
Thanks for the comments.
This may sound daft but your witness has clearly been here recently and there must be potential for them being back again for another visit.
Might be worth asking them and then trying to secure a court date that tied in.
The brinkmanship works both ways and the other insurer will no doubt fold once they know you're serious....
Might be worth asking them and then trying to secure a court date that tied in.
The brinkmanship works both ways and the other insurer will no doubt fold once they know you're serious....
Failing to report an accident before 24hours is up is an offence, this should have been reported to the police and you could have asked the witness to give a statement to the police.
Police then have a word with the hit and runner and hopefully he caves and admits what hes done.
You could still report it and the police/you could post a witness form to the guy aboard, hopefully the plod involement would make him cave in.
Police then have a word with the hit and runner and hopefully he caves and admits what hes done.
You could still report it and the police/you could post a witness form to the guy aboard, hopefully the plod involement would make him cave in.
When I was on the bad end of a no injury motorcycle SMIDSY several years ago in the Scottish Highlands the only potential witness was an Italian tourist - at the time I was not sure what he had seen as his English was as bad as my Italian, but he did leave his details which I passed to the insurance company/claims outfit.
Turns out they did in fact contact him and get a statement, although I never saw it and I'm not sure how helpful it was.
Still lost my no-claims and assume w/o of bike costs came out of my insurance, but mysteriously a cheque to cover my several hundred pound uninsured clothing/lid claimed loss appeared several months later after I had given up hope of receiving anything.
Turns out they did in fact contact him and get a statement, although I never saw it and I'm not sure how helpful it was.
Still lost my no-claims and assume w/o of bike costs came out of my insurance, but mysteriously a cheque to cover my several hundred pound uninsured clothing/lid claimed loss appeared several months later after I had given up hope of receiving anything.
My experience of insurance claims is if it's a few £1000's - then you're better off trying to do it without the insurer.
Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
woof said:
My experience of insurance claims is if it's a few £1000's - then you're better off trying to do it without the insurer.
Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
Well that last paragraph is rubbish. And good to see that you consider a few £1000 as petty cash. Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
LoonR1 said:
woof said:
My experience of insurance claims is if it's a few £1000's - then you're better off trying to do it without the insurer.
Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
Well that last paragraph is rubbish. And good to see that you consider a few £1000 as petty cash. Just use them for big claims - otherwise it's just stings your NCD for years to come.
made worse if you have more than 1 car - because the NCDs go up on all your cars, not just the one that was involved in the accident.
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