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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 12th May 2006, 22:18   #1 (permalink)
Smeee
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Unhappy 3rd Party doesn't want to use insurers

Can anyone help me on this please.

A neighbour reversed into my car recently and has caused about £800 - £900 damage to my car. Because her premiums are so high she wants to pay for the damager rather than go through the insurance company.

What are the implications, legal or otherwise, if I go along with this? Likewise, what are the implications, legal or otherwise, if I don't go along with this? (My neighbour was actually in the process of moving house at the time - out of my road - so neighbourly relations are not an issue.
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Old 12th May 2006, 22:25   #2 (permalink)
alanfromderby
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Default Re: 3rd Party doesn't want to use insurers

If you have a quote for the work then get the money off the neighbour asap - if they don't agree, or try to delay in any way, then contact your insurance company. Provided it is done within a few days it will be no problem.

The only thing I would add is that should your car be contract hire, lease, etc., then ensure that the repairs are carried out by an approved bodywork repairer.
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Old 15th May 2006, 09:53   #3 (permalink)
craigwalton
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Default Re: 3rd Party doesn't want to use insurers

There are a few things that you can do.

1. Just because the TP doesn't want to go through their insurance doesn't mean that you dont have to. Your Insurers should send a letter to her holding her liable, advising that she can pay for the repairs herself, notify their Insurers, or dispute liability. The only problem with this is if the TP does not reply to any correspondence then your Insurer might not consider it viable to continue chasing her, and then you would have a claim against her.

2. Give her a timescale for paying the claim. If she does not pay in this timescale, then go through the small claims court, recovering the money similar to the way with Bank charges.

It would be best to write / email to her in all cases, so you have recorded the correspondence.
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Old 31st May 2006, 03:11   #4 (permalink)
JonCris
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Default Re: 3rd Party doesn't want to use insurers

Quote:
Originally Posted by Smeee
Can anyone help me on this please.

A neighbour reversed into my car recently and has caused about £800 - £900 damage to my car. Because her premiums are so high she wants to pay for the damager rather than go through the insurance company.

What are the implications, legal or otherwise, if I go along with this? Likewise, what are the implications, legal or otherwise, if I don't go along with this? (My neighbour was actually in the process of moving house at the time - out of my road - so neighbourly relations are not an issue.
Do you have Fully Comp insurance? If you do suggest you claim asap. I wish I had a quid for everytime I've heard "well they said they didn't want to make claim cos their insurance is already too high" £800-900 worth of damage & she wants to pay cash! She probably doesn't have valid insurance. Ask to see the certificate "just in case you don't pay up & I have to claim"

Remember even if the accident is non-fault & you have to claim from your Information Commissioner if they can't recover from the guilty party you will lose your NCB or portion thereof. Also your Information Commissioner will be able to establish if she has insurance via the MIB data base
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Old 31st May 2006, 18:32   #5 (permalink)
LondonPam
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Default Re: 3rd Party doesn't want to use insurers

I had exactly this problem last year. I told the person who crashed into me that I would contact my own insurance so that they had a record of the crash but inform them I would not be progressing a claim as the driver wanted to deal with it directly. My insurance company were fine with that and when it looked like the driver wasn't going to pay they said they would chase them. The driver quickly paid up once I called them and told them that!
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Old 31st May 2006, 19:13   #6 (permalink)
JonCris
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Default Re: 3rd Party doesn't want to use insurers

Quote:
Originally Posted by LondonPam
I had exactly this problem last year. I told the person who crashed into me that I would contact my own insurance so that they had a record of the crash but inform them I would not be progressing a claim as the driver wanted to deal with it directly. My insurance company were fine with that and when it looked like the driver wasn't going to pay they said they would chase them. The driver quickly paid up once I called them and told them that!
That does quite often happen & you where fortunate. The problems arise if the TP turns out to be uninsured. This is because there are deadlines during which you must report said owner to the Motor Insurance Burea (MIB) & if you miss them your claim might fail & you'll be left carrying the can
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