Got an urgent problem

[ICY]

On the 23rd March, i was stationary when a car reversed into me, eventually got her details off her, asked her if she was going to take mine, she just said no.
Because of her hitting my wheel it rendered my car unusable so i arranged a hire car through CCL plc, and organised my car to be taken to Mercedes Manchester.
Unfortunaly my insurance renewal was a few days after this, and due to the accident, they had removed the 2 years bonus i had and put me down as having a fault claim, to which i let them know how annoyed i was with them, this was not my fault and wanted to know why i was being punished for someone hitting me.
After rather heated conersation followed by a lenghty discussion with one of the team leaders, it was explained to me thats the way it works and nothing can be changed at all, and they requoted my insurance for renewal and it came in at a staggering £1700, before the accident my renewal was £380, so i said i will cancel the insurance as i could no way afford these amounts, ffs its only a 700cc smart car.
didnt really matter too much then as i had the hire car, my car is almost ready to pick up now, and i aint got any insurance to drive it, thankfully the dealer is going to deliver the car back to my address, obviously the hire car also has to go back as soon as my car is returned, the problem i now have is the other driver still hasnt admitted liability, she hasnt responded to a single letter either from her insurers, my insurers or the hire company, also the car that hit me is never at the address she gave me, i have seen the car parked at the same place as where the accident happened recently but couldnt wait to catch her as i had a meeting to get to.
So because she wont respond i am going to be without transport in the next few days, which i am extremely mad about, and until she does admit liability i am not going to be in a position financially to pay the ridiculous amounts for insurance they are asking, i have tryed other companys and the best i can do is 1400 which i cant afford as this is a 1000 increase on last years premium.
Does anyone have any advice they can give me, or even the tinyest glimmer of hope.
I am going to have a 6 month old car sat on my drive with no insurance.
The car is also under hP of which a condition of is to always have the car insured fully comp.
Can the police not get involved for failing to report an accident to her insurer, hopefully that would help me ?

[jampot]

Chase both YOUR insurer AND her insurer for a resolution to this matter. Find out who the case is assigned to and get it sorted out.

She doesn't need to accept liability herself - just that her insurer accepts on her behalf, so if you have witnesses or if it is without doubt that she reversed into you (and not you driving into her) then her insurer can progress on that basis.

It sounds like you must insure the car, in the meantime, so you should do so - but advise your new insurers that your NCB is disputed, and they should (once the claim is proven) refund you the difference in premiums

[ICY]

I do have an independant witness luckily, when i contacted my insurance they told me theres nothing can be done until she responds to her insurance company with her version of what happened.

As for insuring the car i cant, i dont have that knid of money, i only earn £98 per week, how am i supossed to pay £1400 for insurance, it is all very well saying they will refund the extra, this is what the ins said, but if i havent got that money in the first place how can it be refunded to me, and there isnt anyone i can borrow off to pay either, i have looked into that too.

[ICY]

just spoken to my ins yet again, and they have just rung tesco direct, and they still have heard nothing about the claim from the other party, and the worst thing is the witness has now said she didnt see the crash she heard the bang and turned round so she cant say who hit who

[ScarletPimpernel]

The other driver's insurer has assumed her liability. If she will not co-operate with them, then simply hold her responsible. After being hit from behind by a driver who failed to stop, I reported the accident to the police. The driver provided his insurance details, but then refused to co-operate with his insurers.

My insurance included legal assistance, and the solicitors sent the other driver a letter telling him that unless they heard from his insurers within 10 days that he had completed a claim form then they would issue a writ for damages and persoanl injury against him. Did the trick!

[jampot]

Sounds like a bad situation, I'm afraid.

Unfortunately the "cost" of running a car isn't just putting the petrol in or paying the HP, so if you must insure it (for the HP company) but can't get your hands on the difference in premiums (£1000) I'm afraid you have little option but to sell the car and wait for settlement, or keep the car (at your own risk) on your drive until such time as the claim is settled.

I don't mean any offence, but if you bought a "new" Smartcar (and they aren't cheap, I know!) but can't find the £1000 to "tide you over" (a credit card, friend, overdraft) then perhaps you've financially overstretched yourself a little.

Ultimately you're in the hands of her insurance company, and they've no reason to settle quickly if it means they'll end up paying out.

If the garage bill is less than the difference in premiums, you COULD settle that directly. Your insurers only withold NCB if they've paid out on a claim, so you could pay the claim in full yourself and reinsure immediately without a hit on your NCB.

I've a feeling your insurance will go up anyway, though, regardless of fault. It's just what insurers do - and if you can't afford the increase, I'm afraid selling the car is the only option.

Bad luck...

[ICY]

what difference is it how much my car costs, my circumstances have changed recently, which i am not prepared to go into as it is non of anyones business.
I do know what the cost of running my car includes, insurance was included in this cost. NOT included was the cost of some prick driving into me, and not notifying her insurance, how the hell can i account for this happening, i pay my insurance, and i expect if someone hits me, then i will not be made to suffer because of it.
There is also the knock on effect of work, i can be called at any time to attend, how am i supposed to do that without a car.

[ICY]

Originally Posted by jampot

Sounds like a bad situation, I'm afraid.

Unfortunately the "cost" of running a car isn't just putting the petrol in or paying the HP, so if you must insure it (for the HP company) but can't get your hands on the difference in premiums (£1000) I'm afraid you have little option but to sell the car and wait for settlement, or keep the car (at your own risk) on your drive until such time as the claim is settled.

I don't mean any offence, but if you bought a "new" Smartcar (and they aren't cheap, I know!) but can't find the £1000 to "tide you over" (a credit card, friend, overdraft) then perhaps you've financially overstretched yourself a little.


Bad luck...

and how dare you tell me if i have financially overstretched myself or not, you know nothing about me, or my circumstances, most people wouldnt be able to pull a grand out of the air, and it matters not one bit on the value of their car or how new/old it is, you come across as very patronising in this post, i would appreciate it if you would refrain from talking to me in this manner.

[jampot]

It isn't any difference what your car costs, but if you can't afford the running costs, you'll need to sell it. That was my point.

Unfortunately, valid insurance is a running cost. It is unlucky that your renewal was due whilst the car was off the road, but I'm afraid that these things do happen, and can sometimes take a while to resolve.

You cannot assume that, if someone hits you, you will not be made to suffer because of it - again, that isn't how the current system works. I've had my own NCB reduced TWICE through no fault of mine, and the only thing you can do is pay the (higher) cost and move on.

If you need a car for work, there's nothing stopping you selling the SmartCar, paying off the HP and buying something else with what's left over - and if it was something with a lower insurance risk, you'd be better off for it in the short term.

Circumstances are working against you though. You can't drive the car you have, because you can't afford to insure it - so rather than have it sit and depreciate, selling it is an option.

I don't know (or need to know) anything about your cicumstances - but if you can no longer afford to keep the car on the road, it stands to reason that selling it is a good option.

I'm sorry that's not what you want to hear - I'm not being personal, just trying to give you the advice I would take if I was in your situation.

[ICY]

Yes there is something stopping me, because there wouldnt be any money left, the amount of money i could get for the car by private sale at the moment wouldnt pay the HP off as due to the interest it is only just lower than the NEW value of the car, and i cant get much lower risk than a smart, they are a group 2 insurance and the only lower rated cars i have looked at have an awful safety rating, which is of extreme importance to me, which is why i bought this car in the first place, so that isnt an option.

[jampot]

Originally Posted by ICY

and how dare you tell me if i have financially overstretched myself or not, you know nothing about me, or my circumstances, most people wouldnt be able to pull a grand out of the air, and it matters not one bit on the value of their car or how new/old it is, you come across as very patronising in this post, i would appreciate it if you would refrain from talking to me in this manner.

I'm sorry if you think I'm being patronising - but it is a fact of life - if you can't make the insurance company act, and you can't (or won't - doesn't matter which one) afford the difference in premiums, then you have no real options.

I gave some fairly decent advice, I think. If the cost to repair is reasonable (and lower than the difference in premiums) then you should consider paying the garage directly.

There are many ways to borrow £1000, even if you don't have the ability to pull it out of the air. I wouldn't recommend most of them, though, particularly if there's a chance the judgement may go against you.

It sounds like this will end up being a 50:50 settlment, and you'll lose your NCB anyway.

I think you've got the wrong end of the stick regarding my "manner" - but you have to understand, just because you don't want to hear what I've got to say, it doesn't mean I'm not speaking the truth.

As I've already said... bad luck.

[jampot]

Originally Posted by ICY

Yes there is something stopping me, because there wouldnt be any money left the amount of money i could get for the car at the moment wouldnt pay the HP off as due to the interest it is only just lower than the NEW value of the car, and i cant get much lower risk than a smart, they are a group 2 insurance and the only lower rated cars i have looked at have an awful safety rating, which is of extreme importance to me, which is why i bought this car in the first place, so that isnt an option.

If the outstanding HP is roughly the same as the value of the car, then I can see why that wouldn't be an option.

The problem (now) is if the witness didn't actually see anything, it is likely that (unless there is other evidence) the insurers will settle "knock for knock" - meaning you'll lose your NCB anyway.

Can you insure with a company which accepts monthly payments? Or reduce the cost by going with a company which offers 10 months (instead of 12) insurance?

[ICY]

now has anyone any help or advice i can use AGAINST THE INSURANCE COMPANIES which will help resolve this matter thank you

[ICY]

Originally Posted by jampot

If the outstanding HP is roughly the same as the value of the car, then I can see why that wouldn't be an option.

The problem (now) is if the witness didn't actually see anything, it is likely that (unless there is other evidence) the insurers will settle "knock for knock" - meaning you'll lose your NCB anyway.

Can you insure with a company which accepts monthly payments? Or reduce the cost by going with a company which offers 10 months (instead of 12) insurance?

surely the fact that she has evaded her insurers says something, its not just a clear cut case of someone hitting my car then saying they didnt

[jampot]

Originally Posted by ICY

surely the fact that she has evaded her insurers says something, its not just a clear cut case of someone hitting my car then saying they didnt

Unfortunately it doesn't work like that.

Without witnesses, and for a relatively "minor" accident (ie no injuries, no write-offs) it isn't worth the while of your insurance company to make a fuss with HER insurance company to settle the whole thing in your favour. Imagine how much admin effort they'll have to go to, versus the reward they'll get from the other insurer... no, I'm afraid they have "agreements" in place to settle things like this "amicably" - ie they mitigate their own losses.

As I've said earlier, which I presume you glossed over:

Chase both YOUR insurer AND her insurer for a resolution to this matter. Find out who the case is assigned to and get it sorted out.

She doesn't need to accept liability herself - just that her insurer accepts on her behalf, so if you have witnesses or if it is without doubt that she reversed into you (and not you driving into her) then her insurer can progress on that basis.

If your car has been repaired - presumably your own insurer authorised these repairs? Personally I would have dealt directly with HER insurers - but that may have delayed you getting a courtesty car. They also won't give you the car back unless you pay your policy excess, regardless of whether it was your fault or not.

I don't think there is anything specific you can do to hurry things along. Insurers work to their own timescales, and providing your insurer AND you are nagging her insurer to get the case moving, I don't think there's much else you can do that hasn't already been mentioned. Check your "legal assistance" and see if they will write to her and hurry her along directly, as ScarletPimpenel suggested - but don't pin your hopes on this being resolved in your favour.

[ICY]

No i hadnt glossed over, i got straight onto the phone to my Ins, and have just found contact details for her ins and rung, they say they have sent a final notification of claim and if she doesnt respond to that by close of bussiness this friday they will be in a position to admit liability.