Had an accident. 3rd party hasn't told her company!
Had an accident. 3rd party hasn't told her company!
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Discussion

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
Afternoon guys

I had an accident yesterday where a woman in a range rover tried todo a u turn across two lanes, cut in front of me and caused us to come together.

Police were on the scene and took my statement of events, and I assume they did with the third party. The police officer took her name, insurance company name and vehicle registration number. The vehicle is insured (one bit of good news) but the claims department of the accident management company my insurers usehave been in touch with her provider, who say she hasn't informed them of an incident.

I'm starting to worry about having someone to claim from, and feel like I'll end up claiming off my own insurance company.

Meanwhile, I have no car (still sitting in the bus lane at the accident site), and it seems it'll all come down to if the third party informs her insurance company or not, or is there another way we can get her insurance company to process a claim without her?

Can my insurance still open a case with her insurance without her notification? This has screwed everything up. I was just about to re insure my skyline for just under 400 quid. Once I notify my other insurers of this accident, they're going to stick there finger right up my arse on the renewal!

I have pictures shoinw the cars immediately after impact, and their damage. To any person with an ounce of savvy, it would look to be her fault.

So, without her mentioning the accident to her insurers, can a claim be dealt with?

Just on the phone to renew my skyline policy. Lets see how much over the previous 395!

Rovinghawk

13,300 posts

189 months

Friday 9th May 2014
quotequote all
DeanR32 said:
without her mentioning the accident to her insurers, can a claim be dealt with?
Of course it can- if not, nobody would ever bother informing their insurance & nobody would ever be paid out.

Be cool- her failure to inform will work against her, not you.

ZOLLAR

19,920 posts

204 months

Friday 9th May 2014
quotequote all
Accident only happened yesterday so she may not have even had a chance.
Claims are sometimes reported days or weeks after (Some insurer's T&Cs say it should be within 48 hours but most people can be unaware of this)

But even if she doesn't report it you can still claim.

surveyor

18,707 posts

215 months

Friday 9th May 2014
quotequote all
Seem to remember similar to happen to my brother, after the young girl who parked in his car developed in amnesia.

Her insurance wrote to her 3 times, and from memory as there was a witness was then going to accept liability. Lots of time has passed so I add a disclaimer that my memory is fuzzy.

NPI

1,310 posts

155 months

Friday 9th May 2014
quotequote all
I'm particularly gobsmacked that the accident management company hasn't arranged recovery of your car, and in the absence of that, that the Police haven't had it removed.

The normal drill is also to get a courtesy car to you within a few hours - that's one of the main ways the AMC makes their money.

nipsips

1,167 posts

166 months

Friday 9th May 2014
quotequote all
Using your own policy your vehicle would be in a repair centre by now having an estimate done....

Admittedly you'd have to pay your XS but you'd get it refunded in the end!

NPI

1,310 posts

155 months

Friday 9th May 2014
quotequote all
nipsips said:
Using your own policy your vehicle would be in a repair centre by now having an estimate done....

Admittedly you'd have to pay your XS but you'd get it refunded in the end!
That's what I did and I didn't even have to pay the excess - my insurer (LV=) said they'd claim it back.

It sounds like the OP has gone to his own company too, but they've referred him to an Accident Management Company, which is common now for non-fault claims. I don't understand why everything hasn't kicked into action though - I'd be surprised if the other person reporting it is normally a gating factor as a delay must be common.

LoonR1

26,988 posts

208 months

Friday 9th May 2014
quotequote all
The reason nothing has kicked into action is because the OP doesn't want to claim off his own policy. That much is clear from his post. However, why he'd rather sit there with a damaged and unusable car only he can tell us.

Seeing his premium rise is irrelevant, especially as it will probably be refunded when it all gets resolved.

As for flapping over a claim not being reported by the TP after one day, well that's overkill. This happens all the time. All you do is write to their insurers holding them liable, give them a few weeks to get a response from their insured. When. One is forthcoming, see if they'll deal on a fault basis, or litigate and they'll fold as they've no defence to your claim.

Simple really.

Now get ready for lots of people kicking off that an insurer would deal due to your silence. The solution? Answer their calls and / or letters.

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
Thanks for the replies guys

My insurance company use the AMC for their claims, which I thought meant they'd recover my car and have it assessed, put a claim in to the third party company, and get a suitable vehicle to me.

They did get in touch with the third parties insurers, but as they haven't heard from the woman yet, they backtracked as they were worried about recovering costs for their courtesy car and whatever costs they'd accrue.

The third party was on the scene, but after an hour or so, she requested an ambulance as she felt she was injured. Now to me, that seems like she's trying to have a claim up, and therefore leads me to believe she doesn't think it's her fault, which makes me wonder why she hasn't informed her insurance straight away. Seems like i'll get some grief with this bh!

The AMC only want to act if its a nice, easy non fault claim. They'll move heaven and earth for you in that case. This case they're very reluctant to get involved. They said all they can do for me is offer me a suitable courtesy car (for a family of four) for seven days, and if the third party don't play ball, they'd take it back as they don't want to risk losing money through charges they might not be able to claim back. I must note, I'm not entitled to a courtesy car on my policy. I only qualify for one if the car can be repaired, and for the duration of repair. I don't think it'll see the road again.

Out of sheer curiosity, what can you make from these couple of photos



The road is a 30 zone dual carriageway, and a bus lane (just out of view to the left). As you can see, wet conditions


I'm the BMW by the way

Have a crack at what you reckon happened (may as well have some sort of fun with it!)

scorcher

4,130 posts

265 months

Friday 9th May 2014
quotequote all
Looks like RR was in Bus lane and then tried to perform U-turn? guess theres a gap where the Sprinter is parked in the middle/behind your car?

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
Yes, there's a filter lane where the sprinter is, which I reckon she was aiming for, and yes, from the bus lane.

Am I wrong to assume she is the liable party here?

And by the way, there was no speeding involved at all!

LoonR1

26,988 posts

208 months

Friday 9th May 2014
quotequote all
I think she's at fault. More importantly your car is a write off.

VinceFox

20,566 posts

203 months

Friday 9th May 2014
quotequote all
Your car looks to have travelled a fair few yards after the point of impact.

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
Could my photos be used to argue my claim against her by my insurance company? Not that I think they give a st! The AMC (kindertons if anyone wants to know) haven't been helpful in any way.

I've had to use them before in a clear non fault accident (hit in the rear) and they did absolutely everything. Recovery to the body's hop of my choice, 50k BMW courtesy car for a couple weeks and losses claims. This time, they have been poor to say the least. Not an ounce of willing from them

It worked out about the length of my car in distance Vince. After impact, I had locked the wheels and slipped into the reservation

Edited by DeanR32 on Friday 9th May 21:03

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
It isn't worth much, but it had sentimental value. My daughter was born in it! frown

SydneyBridge

11,901 posts

189 months

Friday 9th May 2014
quotequote all
The CMC must have concerns over liability. Were there any witnesses?

LooneyTunes

9,505 posts

189 months

Friday 9th May 2014
quotequote all
DeanR32 said:
I've had to use them before in a clear non fault accident (hit in the rear) and they did absolutely everything. Recovery to the body's hop of my choice, 50k BMW courtesy car for a couple weeks and losses claims. This time, they have been poor to say the least. Not an ounce of willing from them
You think they should provide a £50k BMW as a courtesy car in this case?

eldar

25,343 posts

227 months

Friday 9th May 2014
quotequote all
DeanR32 said:
It isn't worth much, but it had sentimental value. My daughter was born in it! frown
Sounds like a fun day!

DeanR32

Original Poster:

1,840 posts

214 months

Friday 9th May 2014
quotequote all
No witnesses I'm afraid. It'll be me and my photos against her word.

I'm not expecting a 50k BMW at all. I was just using that as a comparison to how differently they're treating this claim to the last one I had to make. I can understand they're concerns but I pay the premium for times like this, and they are supposed to manage my accident and all that goes with it. They did 4 years ago!

NPI

1,310 posts

155 months

Friday 9th May 2014
quotequote all
LoonR1 said:
The reason nothing has kicked into action is because the OP doesn't want to claim off his own policy. That much is clear from his post. However, why he'd rather sit there with a damaged and unusable car only he can tell us.
I took it from...

DeanR32 said:
...but the claims department of the accident management company my insurers usehave been in touch with her provider, who say she hasn't informed them of an incident.
..that the OP had called his insurance company, they decided it was a no-fault accident, and referred him to their pet AMC.

Re-reading the thread, I'm wondering if the OP went to the AMC direct, bypassing his insurance company.