insurance company not paying out. help
insurance company not paying out. help
Author
Discussion

golfdsg

Original Poster:

228 posts

157 months

Wednesday 24th September 2014
quotequote all
my car was parked on a high street in February earlier on this year, when somebody in a Mercedes 4x4 reversed into it whilst parking.

when i comfronted the bloke he denied any accident whatsoever and laughed it off, despite me having witnesses (passers by and shop owners). I asked for his insurance details but he drove off. luckily i took pictures of his vehicle, so i managed to contact his insurance company and the police.

i had my car repaired at a garage of my choice and i paid for it.

The police said they can not prosecute the driver of that vehicle despite it being a criminal offence. The insurance company of the third party had sent an engineer to come look at the repair and have now wrote me a letter saying they will not be taking the case any further because no damage was found to BOTH vehicles, and the driver has denied hitting my vehicle.

Now i dont know where I stand with this. can anybody suggest what I can do now.

frown

Pebbles167

4,585 posts

182 months

Wednesday 24th September 2014
quotequote all
Take him to court and bring the witnesses and the receipts for the repairs?

trickywoo

14,198 posts

260 months

Wednesday 24th September 2014
quotequote all
You shouldn't have had it repaired without being inspected first.

How much did it cost?


golfdsg

Original Poster:

228 posts

157 months

Wednesday 24th September 2014
quotequote all
trickywoo said:
You shouldn't have had it repaired without being inspected first.

How much did it cost?
it was a front end repair, nothing too expensive, had a new front bumper resprayed and installed for 300 pounds (sorry dont have the pound sign on my tablet keyboard)

TheOtherMonkey

33 posts

165 months

Wednesday 24th September 2014
quotequote all
I imagine that the terms of your insurance policy don't allow you to have your car repaired without first contacting the insurer - they will have a right to choose the garage, although some let you choose in certain circumstances.

Pebbles167

4,585 posts

182 months

Wednesday 24th September 2014
quotequote all
golfdsg said:
had a new front bumper resprayed and installed for 300 pounds (sorry dont have the pound sign on my tablet keyboard)
Scratch my last, I wouldn't bother going to court for £300. It will be a pain.

golfdsg

Original Poster:

228 posts

157 months

Wednesday 24th September 2014
quotequote all
TheOtherMonkey said:
I imagine that the terms of your insurance policy don't allow you to have your car repaired without first contacting the insurer - they will have a right to choose the garage, although some let you choose in certain circumstances.
my insurance was not involved, they asked me to deal with the third party directly.

trickywoo

14,198 posts

260 months

Wednesday 24th September 2014
quotequote all
Pebbles167 said:
Scratch my last, I wouldn't bother going to court for £300. It will be a pain.
Thats why I asked about the cost - not just being nosy.

While any right thinking person will be on your side OP I agree that in this case it would be best to drop it.

If there is a next time go through insurance first and press for a prompt response offering witness details etc.

Boydie88

3,283 posts

179 months

Wednesday 24th September 2014
quotequote all
Life lesson I suspect. Which is shame because the hit and run guy gets away with it. Your repair should have been done through your insurance company.

Bennet

2,133 posts

161 months

Wednesday 24th September 2014
quotequote all
Judging by what others have said, it sounds like the £300 is lost. Even so, leaving the scene of an accident is a criminal offence, I think so maybe try getting it reported to the police and ask them to take statements from your witnesses.

That way, I'm guessing the bloke doesn't get away with it, but nor are you personally taking him to court - the police might though for the offence of leaving the scene.

I'd be interested to know how that goes.

aw51 121565

4,773 posts

263 months

Wednesday 24th September 2014
quotequote all
The police won't be interested, they will merely visit the other party and get their details (including insurance) to pass to you as well as giving the other party your details wink .

That ship has sailed, because the police won't action this and you already have their details frown .

Karma will get the van driver eventually, though party .

Bennet

2,133 posts

161 months

Wednesday 24th September 2014
quotequote all
Do you actually know that for a fact? Because otherwise I'd say it's worth a phone call.

Martin4x4

6,506 posts

162 months

Wednesday 24th September 2014
quotequote all

Have you actually issued a demand for payment? Your post suggest not.

They are trying to fob you off so that you give up. Send them a letter along with a copy of the invoice and demanding payment in full within 14 days or you will commence legal action, including legal expenses and statutory interest.

If they have to defend it will cost them more than £300.

eldar

25,291 posts

226 months

Wednesday 24th September 2014
quotequote all
Martin4x4 said:
Have you actually issued a demand for payment? Your post suggest not.

They are trying to fob you off so that you give up. Send them a letter along with a copy of the invoice and demanding payment in full within 14 days or you will commence legal action, including legal expenses and statutory interest.

If they have to defend it will cost them more than £300.
Small claims, marginal costs, excluding time. Worth a try, though winning may turn into a pyrrhic victory.

golfdsg

Original Poster:

228 posts

157 months

Thursday 25th September 2014
quotequote all
Martin4x4 said:
Have you actually issued a demand for payment? Your post suggest not.

They are trying to fob you off so that you give up. Send them a letter along with a copy of the invoice and demanding payment in full within 14 days or you will commence legal action, including legal expenses and statutory interest.

If they have to defend it will cost them more than £300.
I actually did send them an invoice asking for them to pay for it but like I said they're refusing to pay out.

They're saying all I can do it appoint a solicitor and take it further from there as they have made a final decision not to pay out based on the lack of damage on the third party vehicle.