Claiming on your own insurance when the innocent party?

Claiming on your own insurance when the innocent party?

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Discussion

NISaxoVTR

Original Poster:

268 posts

170 months

Monday 28th November 2011
quotequote all
As mentioned in my other post (http://www.pistonheads.co.uk/gassing/topic.asp?h=0&f=23&t=1081715&mid=199584&nmt=Will+this+be+written+off%3F)
I was the victim of someone driving into the rear of my car as I waited to turn right onto an adjacent road. The perpetrator despite being cautioned by the police for careless driving is refusing to take responsibility and has made up a story about a lane change which he has told his insurance.

As a result there is a mexican standoff taking place between my insurance people and his insurance people (incidently the same company) until liability is assigned following an investigation by an accident investigator. The insurance company cannot tell me when this investigation will start but both they and the solicitors letters are banding about time scales of 2-3 months before the whole issue is resolved... My main problem is that I am left with no transport to get to work, public transport is not an option (countryside). The perpetrator's insurance people will not give me a hire car until liability for the accident is assigned to him, and my insurance people will not give me a hire car unless I claim on my own fully comp insurance + pay my £500 excess.

In the mean time I have privately rented a car but I can't afford to do this indefinately. Do I have any other options for getting a hire car supplied without claiming on my own policy? Should I even be considering that route? What are the con's of claiming on my own policy and then the perpetrator being found liable down the line?



thinfourth2

32,414 posts

205 months

Monday 28th November 2011
quotequote all
500pound excess

I've bought cars for less then 500pounds

surveyor

17,840 posts

185 months

Monday 28th November 2011
quotequote all
Ebay

Search filter max £500

Listing ending soonest. Get bidding.

toon10

6,194 posts

158 months

Monday 28th November 2011
quotequote all
That's bad news. No knowledge of the insurance system I'm afraid so can't offer any useful advice.

I can sympathise with you though, I had one of these stand off's when some plank in an old Beetle decided to pull out of a junction into the side of my car. First three months was all about delay tactics, next couple of months was the OK, we'll accept 50:50 responsibility. Next 2 months was the no way messages and then after the threat of letgal action, I eventually got my money some 10 months after claiming. That was back in 1992.

amirzed

1,736 posts

177 months

Monday 28th November 2011
quotequote all
Dude just go to an accident management company, they will credit hire you a vehicle and credit fix your car.

Maybe try that Europa man, people seem to big him up a lot.

The shame of it is that when his insurance pays out the higher bill, they won't bill him for the difference in cost created by his lies.

mrmr96

13,736 posts

205 months

Monday 28th November 2011
quotequote all
NISaxoVTR said:
As mentioned in my other post (http://www.pistonheads.co.uk/gassing/topic.asp?h=0&f=23&t=1081715&mid=199584&nmt=Will+this+be+written+off%3F)
I was the victim of someone driving into the rear of my car as I waited to turn right onto an adjacent road. The perpetrator despite being cautioned by the police for careless driving is refusing to take responsibility and has made up a story about a lane change which he has told his insurance.

As a result there is a mexican standoff taking place between my insurance people and his insurance people (incidently the same company) until liability is assigned following an investigation by an accident investigator. The insurance company cannot tell me when this investigation will start but both they and the solicitors letters are banding about time scales of 2-3 months before the whole issue is resolved... My main problem is that I am left with no transport to get to work, public transport is not an option (countryside). The perpetrator's insurance people will not give me a hire car until liability for the accident is assigned to him, and my insurance people will not give me a hire car unless I claim on my own fully comp insurance + pay my £500 excess.

In the mean time I have privately rented a car but I can't afford to do this indefinately. Do I have any other options for getting a hire car supplied without claiming on my own policy? Should I even be considering that route? What are the con's of claiming on my own policy and then the perpetrator being found liable down the line?
Surely you can claim on your insurance, but get a refund of your excess when the claim is found to go against the other person? You'll be out of pocket, but it'll only be temporary.

bencollins4

1,100 posts

207 months

Monday 28th November 2011
quotequote all
As has been said, the only option really is for you to claim then get your excess back when it's resolved.

I think you'll be very lucky to have it resolved in 2-3 months if the third party is digging their heels in.

The problem you have is that if both cars are insured by the same company, they won't be too bothered about proving liability as they'll be picking up the bill regardless.

Do you have a witness?

davepoth

29,395 posts

200 months

Monday 28th November 2011
quotequote all
This is one of the few times I'd advocate claims management. With a careless driving conviction against him for the crash, the crasher's insurance company should have rolled over weeks ago.