Car accident claim difficulty

Car accident claim difficulty

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BreraS2012

Original Poster:

3 posts

14 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

BreraS2012

Original Poster:

3 posts

14 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

BreraS2012

Original Poster:

3 posts

14 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