claim 7months after accident?

[mark.h]

any legal beagles know where the other half stands with this situation? long story short...

5mph bump & offer to fix out of insurance (2inch ding on bumper)

nothing from other party for 3 months,(phew!)

random call saying pay or off to police,(uh oh!)

she tells her no as its just before chrimbo and she's blatently searching for money for chrimbo..

insurance companies brought into it 2month later

insurance say as its been nearly 6 months with no evidence of quote if nothing appears after 6 months lapses then they wont accept her claim...

yup, you guessed it, phone call today £370 to repair bumper on a mk3 mondeo (paint on dint wasnt even cracked it was that shallow!).

is there a period things have to be actioned by? if so is it 6 months or should she just agree to pay.

cheers for any advise from those in the know...

personally i reckon she has to pay but said i'd ask as im no lawyer.

[streaky]

What evidence of accident?

What evidence of damage?

What evidence of agreement to pay?

Five courses of action:

1. tell them to go away.
2. Say "I'll see you in court".
3. Ignore.
4. Refer to insurers.
5. Pay (after negotiating down).

Streaky

[mark.h]

i think she's up poop creek as she admitted to her insurance company she did it. scares easily and spilt the beans to them. thats why she cant wangle her way out of it through evidence, because other than admitting it all the person claiming has as evidence is her husband as a witness and no actual impartial party (no paint left on cars etc.)

if she'd done like id said and kept quiet, not admitted fault and told her to fook off then i dont think this would of happened, but it did so not worth bringing it back up.

i tried looking at it as if i were the one hit by her and if it were me id of sorted it asap. the other half's bro is a body shop guy for a ford dealer and she offered to fix it, personally i dont think its fair to bring it up after 7 months which is why im asking if there is a legal limit to which these things must be resolved. i know not thinking somethings fair and the what your obliged to do by law are 2 completely different things which is why im trying to help her.

Edited by mark.h on Thursday 21st February 15:34

[streaky]

mark.h said:

i think she's up poop creek as she admitted to her insurance company she did it. scares easily and spilt the beans to them. thats why she cant wangle her way out of it through evidence, because other than admitting it all the person claiming has as evidence is her husband as a witness and no actual impartial party (no paint left on cars etc.)

if she'd done like id said and kept quiet, not admitted fault and told her to fook off then i dont think this would of happened, but it did so not worth bringing it back up.

i tried looking at it as if i were the one hit by her and if it were me id of sorted it asap. the other half's bro is a body shop guy for a ford dealer and she offered to fix it, personally i dont think its fair to bring it up after 7 months which is why im asking if there is a legal limit to which these things must be resolved. i know not thinking somethings fair and the what your obliged to do by law are 2 completely different things which is why im trying to help her.

Edited by mark.h on Thursday 21st February 15:34

Go for option 4 then - Streaky

[mark.h]

so there's no enforceable time limit for claims?

[spikeyhead]

mark.h said:

so there's no enforceable time limit for claims?

12 years to commence procedings

[mark.h]

thanks!

topic can be locked by a mod now.

[Mr Robbo]

6 year Statute of Limitation on vehicle damage claims such as this, just 3 years in respect of PI claims. So even though your Insurance Company may have a "Policy" on not paying out in respect of RTA's where no quote for the repairs is submitted within 6 months, it is a "Policy" that has no legal foundation at all.

As for settlement, the Claimant will probably accept a £250 cash-in-lieu of repairs offer IMHO.