car insurance claim

[the great escape]

hello to all here goes

oct 31st 2007 a van went into back of my car he got out gave me his name and number and admitted fault saying he was looking at his sat nav.i got a indepedent witness.told my insurance company i only have tptf so get my legal team on it straight away. i was told by his insurance can,t do anything till he contacts them (they do sent someone out to check damage without predjuice)3 mths later when he finally gets back to his insurance he tells them it got stolen that day so my legal team ask for a crime refence no .guess what they can,t produce one because it was,nt reported stolen his insurance are still looking in to it.this has become a joke now surely his insurance have to pay out?

[Mossycat]

No his insurers do NOT have to pay out until.......

a) He completes an accident notification (claim) form confirming he was involved in an accident

b) He asks for indemnity (ie he asks his insurers to deal with your claim on his behalf)

c) They check that all is in order with his documents and his compliance with their terms and conditions and is entitled to indemnity (insurance).

If he sticks to the story that it was stolen and doesn't involve his insurers then you need to pursue the driver of the other car directly (ie you issue proceedings against him).

That will either make him turn up to Court and claim under oath that he was not driving and he knows nothing about it (perjury is a very serious offence) OR it will make him turn to his insurers.

You mentioned you have a legal team, I'd suggest leaving the matter with them, since they will (or should) know exactly how to proceed and what to do.

His insurers were absolutely correct, they cannot do anything until he contacts them BUT all credit to them for arranging a without predjudice inspection because this will facilitate a quicker response from them should he now ask for indemnity.

Mossy

[the great escape]

hello i forgot to mention i now have a log sheet with deliverys on it made by that van (hes also dening he was a courier)as i found out the place he sub contractor for only problem is it only shows the first 3 letters of reg and it was deliving around area shows last drop 30 mins(12.40) before accident then there was a nother drop which he put utl=UNABLE TO LOCATE 5 mins up the road my theory is he spent 15 mins looking for it then header back and hit me which was about 1.10(which was about 10 mins away from last drop then he header back to depot then went back out again to find that drop he never found because it was delivery around 2 .45
i was going to ask my legal team to ask the other party when it was stolen and if it does not fit in with the log sheet surely i got him also at seen of accident the name of the bloke given to me is not the name on the sheet.as the courier firm told me the owner of van was on a different route and one of his drivers was driving that van so that another lie by the third party

[Wulfyn]

Does the van belong to a company rather than an individual? It may have been insured by a company instead of that driver.


If so then it might be worth getting the company involved more. I doubt a director would lose his job / go to jail by lying in court because one of his delivery drivers ran in to the back of someone. They might be keen to get the situation resolved as well, and so could help you prove who was driving at the time.

[the great escape]

hello
i think he is a sub contractor who owned a couple of vans (who had at least of couple of drivers who done some work for this company but he no longer does work for them.
so it,s like saying if i did get caught in a speed trap or something or i have to say it was stolen as it does not need to be reported?and i would get away with it .it just don,t make sense.why did he stop and give out details if he was the thief and how did the owner manage to retrieve it 1 and half later and make another delivery without knowing so say where it was dump

[Mossycat]

I'd suggest leaving this to your legal team who are a lot more experienced in the workings of insurance, after all youy paid for this service and now you need it, so sit back and relax.

They will write to the owner of the van, he will decide how to deal with it, either personally or by way of his insurers and the claim will proceed accordingly.

Mossy

[Wulfyn]

I agree with Mossy. If the guy wants to perjure himself then that's up to him, but it sounds like your legal team will have a pretty easy time shredding his story, especially as you have a witness.