Hit from behind - advice please

[Pannywagon]

Had an incident last Saturday and things, insurance wise, don't seem to be going as smoothly as expected.

I was driving through a residential area and had to stop behind parked cars to give way to oncoming traffic. I'd been stationary for about 10-15 seconds when I realised that a little black car (Suzuki Celerio) was scraping down the offside of my car. It drove the length of my vehicle scraping from back to front and taking off my driver's side wing mirror in the process, before the driver then continued to drive on, almost driving into the oncoming vehicle in the process.

I did manage to get the driver (a really old man) to stop about half a mile down the road but the first thing he said, was that he didn't have insurance. My wife spoke with him while I phoned both the Police and my insurers. I thought I was dealing with an uninsured driver, so wanted to get the ball rolling straight away.

While this was going on, the oncoming vehicle pulled up behind us. Once off the phone, this guy let me know that he had front and rear dashcams. Phew, thank goodness for that. I now have the footage, which I've shared with both my insurers and the Police: I can't share it here for now but will as soon as I can.

When the Police arrived, it was a Traffic Officer who checked the Insurance Database and informed me that the other driver did actually have insurance. They put his attitude down to him being "old and obstinate" but did carry out roadside checks (drink, drugs and even eyesight) and made sure that he'd exchanged details, before then letting him go on his way.

So in summary:

I've been hit from behind while stationary (the footage shows this clearly, including number plates etc)
The footage shows the other driver has not just hit me, but has then steered into my car for a second bite of the cherry!
The rear facing footage shows him driving off, with me following


Fast forward to today:

His insurance company is refusing to accept any liability until he speaks to them and surprise surprise, he won't engage with them. This means that I am left with having to pay the excess for my repairs and am currently being treated as liable by my own insurance company.

So, given that the footage couldn't be any clearer and shows both the incident and the aftermath, what possible reason could there be for his insurers to not accept liability?

Edited by Pannywagon on Thursday 3rd February 13:29

Edited by Pannywagon on Thursday 3rd February 13:31

[vonhosen]

Because they haven't seen the footage & have nothing to base a decision on, other than what you say, at present.

Tell them you have footage, ask them if they want to minimise their costs?

[Red9zero]

I had similar with a stubborn old farmer that hit my far with his tractor. My insurance repaired my car straight away, but Mr Giles didn't contact his insurance company and wouldn't return their calls. It took over 12 months and an impending court date before he finally admitted responsibility. I had dash cam footage too, although their was no numberplate on the front of the tractor, the sign writing was visible. I renewed with the same insurance company while this was going on and while they didn't increase my premium, it was marked as a fault claim until the other insurance company paid up.

[Pannywagon]

vonhosen said:

Because they haven't seen the footage.

Tell them you have footage, ask them if they want to minimise their costs?

They've seen it and this is the quote from their reply to me, after I sent the footage to them too:



[i]Good Afternoon Mr xxxxx


Thank you for your email and attachments.


I have reviewed the footage, thank you for this.


At the moment we are awaiting a report from our insured so are unable to make any comments regarding liability, however we are corresponding with your insurer.


If you have any enquiries please do not hesitate to contact our team on xxxxxxx


Kind regards,

xxxxxxx[/i]

[ingenieur]

It's probably just going to take a long time to resolve. Looks to be a clear cut case though. So in the end you shouldn't lose.

I had a truck roll into me at some traffic lights. Had to chase the driver for about a mile to get him to stop. The company he worked for were blocking the claim but it did get resolved in my favour in the end. Just took a year of staying on the case with it.

I logged all my interactions with the insurance companies and the third party. Time, date, what was done... Helpful when demonstrating the hassle you've had to endure and might help when it starts to drag.

[vonhosen]

Pannywagon said:

vonhosen said:

Because they haven't seen the footage.

Tell them you have footage, ask them if they want to minimise their costs?

They've seen it and this is the quote from their reply to me, after I sent the footage to them too:



[i]Good Afternoon Mr xxxxx


Thank you for your email and attachments.


I have reviewed the footage, thank you for this.


At the moment we are awaiting a report from our insured so are unable to make any comments regarding liability, however we are corresponding with your insurer.


If you have any enquiries please do not hesitate to contact our team on xxxxxxx


Kind regards,

xxxxxxx[/i]

If they don't want to minimise their costs then, then go through your insurer.
Same end result, just will take longer & cost the other insurer more.

[sparkythecat]

I think the old guys insurers will need him to admit to being the driver at the time of the accident before they will consider accepting any claim by the OP.

[AyBee]

Ask them if they'd like to foot the bill on your hire car while yours is being repaired now or later

[Pica-Pica]

I had a coming together with a lorry and trailer, years ago. I paid my excess to get my repairs done, but it took months (6+) of chasing with my insurer before the other party had admitted liability, and before I got my excess back. It’s annoying, it will take time, just gather and present the facts. To you, it’s something that is hanging over you and blighting your life, to the insurers it is just one of many everyday to day tasks, that will need to get through their process.

[KungFuPanda]

The only thing which will focus their minds is if you utilise the services of an Accident Management Company. Grab a credit hire car and the third party insurer will want to settle sooner rather than later if your hire car is costing £xxx amount per day.

[speedking31]

This doesn't quite fit with the rest of the description.

Pannywagon said:

The rear facing footage shows him driving off, with me following

[Pannywagon]

speedking31 said:

He passed the oncoming car and drove away, followed by me a few seconds later.

[paintman]

Pica-Pica said:

I had a coming together with a lorry and trailer, years ago. I paid my excess to get my repairs done, but it took months (6+) of chasing with my insurer before the other party had admitted liability, and before I got my excess back. It’s annoying, it will take time, just gather and present the facts. To you, it’s something that is hanging over you and blighting your life, to the insurers it is just one of many everyday to day tasks, that will need to get through their process.

^^^^
Similar to my eldest's experience.

Car repaired through his own insurers.

He had to renew during the process & predictably his premium went up as there was this outstanding matter.

Eventually resolved - he had legal cover as part of his insurance & that produced the desired result. Refund of excess, premium dropped to what it would have been & refunded the difference.

Good luck, hope resolved soon!

[budgie smuggler]

paintman said:

^^^^
Similar to my eldest's experience.

Car repaired through his own insurers.

He had to renew during the process & predictably his premium went up as there was this outstanding matter.

Eventually resolved - he had legal cover as part of his insurance & that produced the desired result. Refund of excess, premium dropped to what it would have been & refunded the difference.

Good luck, hope resolved soon!

God I never thought of that, I was out of pocket by a few hundred when I had a similar incident and it spanned my renewal. HGV into my parked car, twit denied liability then wouldn't respond to any correspondence.

[popeyewhite]

Pannywagon said:

This means that I am left with having to pay the excess for my repairs and am currently being treated as liable by my own insurance company.

I was hit by a lorry but while it was going through insurers my premium renewal came up. They considered me liable at the time and put my premium up by about £90 IIRC. Nearly a year later after the truckers evasive tactics came to an end and he was forced to admit he didn't have the correct insurance for the weight of lorry he was driving, the case was resolved 100% in my favour. I asked the insurers to repay my £90 to me as I regarded the extra charge as spurious, mendacious and greedy. I managed to get a £40 reduction off my next premium if I stayed with them, but no outright payout. As bent as a nine bob note, the entire industry. Well, most of it.

[Peter3442]

Similar experience a few decades ago when I was young and relied on third party insurance. Although it was completely clear the other driver was at fault and 100% liable, it took a solicitor and a year of sending letters before the other driver's insurance accepted liability. In fact, it was just a day before we were to move the process to the county court. My solicitor's costs exceeded what they paid to repair my car.

[sospan]

Similar happened to me several years ago.
Stopped in traffic at a junction and pick-up hit the back of my car.
Exchanged details. Reported to insurance. I had witnesses.
The other party hadn’t informed his insurer and a month passed before a solicitor’s letter got him to report it.
My car repaired by my dad who was a top coach builder so perfect repair. I helped him. Car was an XR3i and needed new tailgate, rear panel dent repair.
Forgot to add that solicitor didn’t charge for the letter saying he had just done a house purchase for us so waived it.

[Pannywagon]

Thanks all. Just have to sit tight and wait.

[surveyor]

This all surprises me. Several years ago my brother's car was hit in a car park. The car that hit it moved to a different space, but a witness left theirs, and the details of the car

From memory, her insurance company felt sufficiently exposed that they sent a recorded letter giving their insured 14 days to reply before treating it as a fault claim and possibly canceling her cover going forward. Perhaps this was just enough to get her to interact. Not sure - as some time has passed

[The big yin]

I would try contacting the Traffic police officer who attended and see if they can get in touch with the other driver to spur him into action after all they were seen to be leaving the accident scene.
Good Luck.