Car accident claim difficulty

Car accident claim difficulty

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BreraS2012

Original Poster:

3 posts

13 months

Monday 20th March 2023
quotequote all
Hello guys,

This is my first post here after reading the forum for a while,

Please can I have some advice regarding an insurance claim issue which has got increasingly hard to comprehend,

I had an accident last summer where i was driving along a country A road at night and another party pulled out of a junction; I didn't have time to stop and hit the rear side of their vehicle. Fortunately a witness driving behind me stopped and called the police, who attended. My car was written off but fortunately no injuries. The witness supported my version of events, as did the police who took details and names of both drivers.

I reported the incident to my insurance company who decided the other party was at fault and all seemed well. They agreed that the damage patterns on both vehicles supported my version of events, as I took photos of the damage on the cars at the scene. I did not have to pay any excess but my no claims was affected and my insurance renewed shortly afterwards so i had to pay about £250 more than I normally would if the accident hadn't happened. Unfortunately the police would not provide a report to my insurance company as there were no injuries.

Unfortunately things then started to go a bit wrong, I received a letter through the post from an accident management company supposedly representing the other party, claiming I was at fault as I hit the back of his car when he was in stationary traffic, and that they were threatening to take legal action against me. This accident happened in the middle of the night on a country road where there was no traffic, and my insurance company determined this to be a ficticous version of events. A couple of months later in November I received a letter from my insurer stating that the other party's insurer had admitted liability for the accident and they would now be awaiting the third party insurer to reimburse their costs. I thought great, its all settled now.

However, it got to the new year and I still hadn't received confirmation that my claim had been closed. I contacted my insurer who informed me that the third party's accident management company who contacted me earlier and the third party insurer were locked in an argument about who was at fault; the third party had apparently repaired his car through the management company and not his insurer. I contacted my insurer again today and received the news that the third party's insurer was now denying liability, citing mistaken identity, and that their client was not involved in any accident with my car at all and was not there at the scene of the collision. I was a bit taken aback by all this, as I had photos of the cars at the scenes, the witness and the police attended.

My insurer are now issuing legal procedings against the third party to recover their costs; I am not really sure what to do about things now. Presumably if this fails i will not have my no claims restored and have to pay higher premiums. If this did go to court would my insurer be able to get information from the police, as the officers attended the scene and took down the names, number plates etc which would show the claim of mistaken identity is false. I have considered requesting the information from the police myself but it seems they would only provide personal information about me and not include details about the third party in the accident,

unfortunately my insurer aren't the most proactive in sorting this out so i have been calling them quite a bit,

Many thanks

TwigtheWonderkid

43,346 posts

150 months

Monday 20th March 2023
quotequote all
BreraS2012 said:
My insurer are now issuing legal procedings against the third party to recover their costs; I am not really sure what to do about things now.
Do nothing. Leave it to your insurers, and they will contact you if you're needed in court or whatever. Just be guided by them and cooperate with them fully.

Scrump

21,985 posts

158 months

Monday 20th March 2023
quotequote all
Horrible situation to be in, don’t worry and as Twig said: let your insurers handle this.
They are the experts in this and they seem to be dealing with it properly.
Let us know how things go.

BreraS2012

Original Poster:

3 posts

13 months

Monday 20th March 2023
quotequote all
Thankyou very much for your replies guys I appreciate it, my insurer said they would call me if they needed me to go to court so I will just try not to worry about it all, hopefully it won't get to that point amyway

Grumps.

6,241 posts

36 months

Monday 20th March 2023
quotequote all
Not sure how you were seen as non fault considering you drove into the rear quarter of his car.

But still, hope it gets sorted.

BreraS2012

Original Poster:

3 posts

13 months

Monday 20th March 2023
quotequote all
Cheers mate,
The accident happened at a crossroads,
The other driver failed to give way at a give way sign and pulled out onto the road, it was a 50mph road and there was no chance for me to stop unfortunately, it was the side corner of my car and the side rear of his. His car was still on the wrong side of the road when we collided

bencollins4

1,099 posts

206 months

Monday 20th March 2023
quotequote all
Grumps. said:
Not sure how you were seen as non fault considering you drove into the rear quarter of his car.

But still, hope it gets sorted.
Nice of you to read the description properly before commenting.

Good luck OP but leave the insurers to deal from here as has been said. A bit of squabbling is pretty common unfortunately.

Cloudy147

2,720 posts

183 months

Monday 20th March 2023
quotequote all
As others have said, I'd leave it to the insurers and they'll be in touch if they need to so do your best to forget about it and leave it to them unless they contact you.

I had to deal with a claim a few years ago and it took ages. I think it was just over a year before the whole thing was fully done and dusted - and that was a straight forward rear-ender with liability admitted.

Insurance is never quick nor easy. Good luck!

stanglish

255 posts

113 months

Monday 20th March 2023
quotequote all
I also vote for leave them to it.

Rubbish situation to be in, but remember the repercussions are only really minor in the grand scheme.

Reminds of dealing with a house purchase. You literally cannot believe that 2 hours on a Teams call wouldn't fix it, and it's beggars belief these industries get away with such a level of procrastination.

Dark85

661 posts

148 months

Monday 20th March 2023
quotequote all
Honestly you need to just the insurance companies duke it out. Disputes like this are very common in car insurance and regularly go on for months or even years before a resolution, it's not all that uncommon for it to get right up to court before one side backs down, but very few cases actually see the inside of a court.

A good part of what you pay with insurance is the peace of mind of being insulated from this process, by letting yourself get stressed about it your basically giving up half of what you've been paying for. Unless it actually ends up in court, I wouldn't expend anymore mental energy on it.

Tribal Chestnut

2,997 posts

182 months

Monday 20th March 2023
quotequote all
Grumps. said:
Not sure how you were seen as non fault considering you drove into the rear quarter of his car.

But still, hope it gets sorted.
Is this for real? If so you’re an absolute dullard.

Grumps.

6,241 posts

36 months

Monday 20th March 2023
quotequote all
Tribal Chestnut said:
Grumps. said:
Not sure how you were seen as non fault considering you drove into the rear quarter of his car.

But still, hope it gets sorted.
Is this for real? If so you’re an absolute dullard.
Yep. It is ‘for real’.

The amount of times we hear of incidents like this and it ends up 50/50 or even at fault, is more often than not.

And as I also said, I hope he gets it sorted.

HTH.

BertBert

19,035 posts

211 months

Monday 20th March 2023
quotequote all
Grumps. said:
Yep. It is ‘for real’.

The amount of times we hear of incidents like this and it ends up 50/50 or even at fault, is more often than not.

And as I also said, I hope he gets it sorted.

HTH.
You've concluded the outcome of this then based on done supposition about how some other threads have panned out then. That's nuts. Just for fun can you point us to some of these more often than not threads?

Sheepshanks

32,749 posts

119 months

Monday 20th March 2023
quotequote all
It seems a bit weird for the driver to deny he was there when the police attended and an AMC has had the car repaired.

Is it a criminal offence to provide false information to an insurance company?

Super Sonic

4,800 posts

54 months

Tuesday 21st March 2023
quotequote all
Grumps. said:
Not sure how you were seen as non fault considering you drove into the rear quarter of his car.

But still, hope it gets sorted.
The other car pulled out of a junction as the op was coming along the main road.
hth

captain_cynic

11,982 posts

95 months

Tuesday 21st March 2023
quotequote all
TwigtheWonderkid said:
BreraS2012 said:
My insurer are now issuing legal procedings against the third party to recover their costs; I am not really sure what to do about things now.
Do nothing. Leave it to your insurers, and they will contact you if you're needed in court or whatever. Just be guided by them and cooperate with them fully.
And make sure you're able to contact that witness.

The fact they went through a third party company shows that they know the insurers will ask.questions they don't want to answer..

The brilliant part is that they'll be on the hook for the costs if your insurer wins.

hooch500

62 posts

55 months

Tuesday 21st March 2023
quotequote all
it’s amazing how often people try to squirm out of insurance liabilities. It’s not a new thing either. I remember back in the 70’s someone piled into the back of my Dad at a pedestrian crossing and wrote off his car. Exchanged details but then the other party, a Dr no less, claimed my Dad had reversed into him.

Setting aside the obvious question of how you can reverse fast enough from a crossing to do that much damage, my Dad took it to court and lost.

I’ve also had two similar incidents, both claiming lack of liability though I had witnesses and in one case video footage so they paid up.

If the insurance company don’t get anywhere I would go down the civil lawsuit route and see if they cave in.

garypotter

1,502 posts

150 months

Tuesday 21st March 2023
quotequote all
Ambulance chaser no win no fee solicitors and claim companies are scum bags and take on any old crap to make a claim against you even if you are 100% non fault. part of the reason our insurance premiums are rising.

donkmeister

8,148 posts

100 months

Tuesday 21st March 2023
quotequote all
Crap like this is why the majority of DC owners have them. Seeing other people having near misses that would be hard to argue without evidence made me get my first one.

Sometimes the dashcam threads don't make it obvious that their primary purpose is not to record one's outrage when flooring it onto a roundabout towards someone else who was already there.

TonyTony

1,880 posts

158 months

Tuesday 21st March 2023
quotequote all
Witness and Police on your side, I wouldn't worry.

I don't understand why you lost your no claims when you didn't claim or pay your excess though?