Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    dazzlin73 Novitiate

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    Unhappy Norwich Union wont check other cars details

    My wife recently 'reversed left' out of our driveway into a car door. we know that it had a new mot that day but we are not sure if it has road tax and/or insurance. Our insurer 'norwich union' they will pay out regardless of no tax or insurance because we have claimed resposibility. all we are aware is that a claim has been sent to them (n/u) from direct line. we do not know the cars number plate only the model and make. can someone please advise us on what to do and what is the maximum no claims they can take off us?
    many thanks

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  2. #2
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    Default Re: Norwich Union wont check other cars details

    If you no claims discount is unprotected, then it will be reduced by 2 years.

    Just out of curiosity, how do you know that the car had a new MOT that day? Was it a neighbour's car? If NU has received a claim from Direct Line, then it must mean that the other car was insured.


  3. #3
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    Default Re: Norwich Union wont check other cars details

    a neighbour across the road mot'd the car earlier that day. we only had the make and model of the car, an insurance policy number and a phone number. they were refusing to give details for almost a week which i know is a criminal offence.when we took the details to our police station they contacted them and was told it wasnt the policy number for the car. they also said its his partners car, not his so they phoned her. she told them she doesn't own a car. the police said the guy was a prat and isnt on this planet. the police refuse to take the matter any further and NU refuse to check every nook and crany so they dont have pay out any money.


  4. #4
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    Default Re: Norwich Union wont check other cars details

    dazzlin

    if NU have recieved a claim from direct line then surely that means that Direct line are insuring the car? If you want to email me the details of your query then i will investigate
    rebecca.sibley@norwich-union.co.uk

    Becca


  5. #5
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    Default Re: Norwich Union wont check other cars details

    Dazzlin - I am puzzled by what you are wishing to achieve here. Are you trying to claim that your insurer should not have to pay because the other party was not insured at the time of the incident?

    Cahoot - Rejection of offer sent 14/06/07

    Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

  6. #6
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    Default Re: Norwich Union wont check other cars details

    Hi Dazzlin,

    under the road traffic act, your insurer are required to pay for damage to teh other vehicle regardless of MOT/Tax & Insurance- as daft as it sounds! I spoke to a third party the other day who thought she couldnt claim because she had no MOT.

    Even if a driver is driving illegally, they must be put in the same position they were in before the accident.

    You could however, report the person to the police, and they will investegate.


  7. #7
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    Default Re: Norwich Union wont check other cars details

    so reclaiment, if that is true that you dont need a mot cert, insurance or car tax for your car to be on the road then why do we need them? could you please let me know what road traffic act you got your info from?

    I would go to the police again but i still dont know the reg of the car so they cant help me.


  8. #8
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    Default Re: Norwich Union wont check other cars details

    xrchris, basically yes.

    we had an accident and we should pay, no problem!!

    we had a threatening letter put through our door stating that we are gonna pay for it, still fine!!

    i offered to pay without going through insurance to avoid messing our no claims and premiums but asked to see all 3 documents before we did this, to make sure the car was legally allowed to be on the road. the guy threatened again and refused to give us any details/docs and the reg of the car and he would not even give us his name. when the police rang him, he doesnt own the car and that his girlfriend does. they rang her and she doesnt own the car either. we know that her parents own the car. technically we havent admitted to the owners of the car that we had done the damage but we did to the 'prat' as the police named him. should nu pay out if we havent admitted to the owners that we did or can they accept a third partys word?


  9. #9
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    Default Re: Norwich Union wont check other cars details

    It is for the insurance company to determine and admit/decline liability - not for you.

    Whether the third party has their car legally taxed / insured etc does not affect liability, though it could possibly affect the amount they will be entitled to in some cases.

    An insurance company can accept a third party's version in the absence of other evidence



  10. #10
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    Default Re: Norwich Union wont check other cars details

    Just because you *suspect* the car is uninsured etc, doesnt give you the right to smash into it, youve still damaged someones property and it has to be repaired.


  11. #11
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    Default Re: Norwich Union wont check other cars details

    atermis, you obviously cant read, as it states in my last post that i was/am willing to pay for our mistake but only if the car is legally allowed to be parked on the road. it was hardly a 'smash' so please get your facts right before you start replying to peoples posts, as we are on here to help people.


  12. #12
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    Default Re: Norwich Union wont check other cars details

    gyzmo thats fine thanks for your advice i now know to deny everything in future. this way maybe a proper investigation into whether the other party is laegally allowed to be parked on a public highway will take place.


  13. #13
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    Default Re: Norwich Union wont check other cars details

    Whether the car should have been there or not is irrelevant. It was there. You are suggesting that the legality of the vehicle's status determines liability. They are two separate things. You (or your insurer) has to pay the third party. The third party, if his car is not taxed / insured etc, will have to be dealt with by the appropriate authorities. It is not for you to "punish" the third party for their wrongs by refusing to pay for your own wrong.

    I have come accross this situation quite a few times. You will burst a blood vessel before anything else. Let the insurer deal with it and leave this other person to their own.



  14. #14
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    Default Re: Norwich Union wont check other cars details

    gyzmo, thats fine. my problem now is that i cant go to the police for them to investigate as i dont have the reg plate of the car. all we know is that it is a n reg peugeot 106. NU have told me that they are under no obligation to give me the fiff reg but i want to go to the proper authorities (police) so they can investigate. what angers me is the threats , false information and manner in which the whole situation has been dealt with by a third party. NU are not paying the third party but the owners who i havent spoken to ? can you help me on how to get the reg of the car so i can go to the police?


  15. #15
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    Default Re: Norwich Union wont check other cars details

    Quote Originally Posted by dazzlin73 View Post
    gyzmo, thats fine. my problem now is that i cant go to the police for them to investigate as i dont have the reg plate of the car. all we know is that it is a n reg peugeot 106. NU have told me that they are under no obligation to give me the fiff reg but i want to go to the proper authorities (police ) so they can investigate. what angers me is the threats , false information and manner in which the whole situation has been dealt with by a third party. NU are not paying the third party but the owners who i havent spoken to ? can you help me on how to get the reg of the car so i can go to the police?
    Hi.
    Surely, it does not matter if you have the reg. No or not. If you have the time and place of the accident which is all you need, and it is then up to the police as to whether they pursue it or not. If they decide to pursue it, they could ask you for your insurance details and take it from there. If what angers you was the conduct of the person who made threats to you then you should take that up with the police as a separate matter (threatening behaviour).


  16. #16
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    Default Re: Norwich Union wont check other cars details

    thank you badger 69. i will be going to the police but im waiting to hear back from becca who sent me a post as she works for NU. i believe i can request a 'subjet access request', is this true?


  17. #17
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    Default Re: Norwich Union wont check other cars details

    Reclaimant is correct

    If you cause damage to another vehicle whether it's taxed, insured or MOT'd or even illegally parked is irrelevant........you are still liable

    Otherwise we'll have people bragging "Oh I smashed that guys car up but because it's uninsured or untaxed or not MOT'd I don't have to pay" ....... yeah right

    If it isn't taxed or insured or not MOT'd that's a matter for the authorities not someone trying to escape their responsibilities

    & the OP's insurers are quite right in not getting involved in some sort of vendeta against the innocent party

    Why on earth is the OP reporting this owner to the police they are the victim of the OP's wifes negligence for christ sake. Why are they trying to cause more grief for THEIR victim

    I'm sorry but I hope the victim gets wind & sues the butt of the OP for any & all uninsured losses he can think of


  18. #18
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    Default Re: Norwich Union wont check other cars details

    ok joncris, i think your post is very harsh and i dont think you understand the situation that we are in. we have accepted liability straight from the off and are willing to pay as quoted in previous posts. before we started this post, we were unaware that you can park your car anywhere without it being taxed etc...for your insurer to payout. doesn't that make a SORN irrelevent? pointless?

    we are now aware that the police may prosecute you for having an uninsured, untaxed and/or unmot'd car on the road but your insurer must still payout. this is another bizarre law.

    so what your saying is the victim can refuse to give details (criminal offence) and offer to 'sort me out' (another criminal offence even though we offered to pay for the damage)?

    we have never refused to pay for the damage and it was an accident and we were unaware of the bizarre law. my vendetta if any is because they committed criminal offences and threatened me and my family which i think everyone will agree is totally unacceptable.

    i await your reply


  19. #19
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    Default Re: Norwich Union wont check other cars details

    So it was a case of tit for tat

    As for their appalling conduct then you should make a complaint to the police.............What you should not do is make trouble for them for no other reason than you want to........also if they are the sort of people you describe aren't you taking a risk they might damage yours

    Also why should a person lose all rights because they commit a traffic offence

    I'm sorry but you won't get a lot of sympathy from me. I have seen it argued far to often that because a motorist was badly parked, or untaxed the negligent 3rd party thinks they can escape responsibility for their behaviour


  20. #20
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    Default Re: Norwich Union wont check other cars details

    joncris, i would love to go to the police but they wouldnt give me any details about themselves. i dont know there name, car reg and the insurance reference he told me was a false one so the police cant really help. if i was the victim, they would have seen my documents like a shot thats why something supicious is going on here as they refused!! if you were legal and above board, wouldnt you show your doc's?

    i have just got off the phone to BECCA (CAGicon member and NU). she said will get back to me after a thorough investigation has taken place. if they havent all the docs then they may not payout!!but thats not definite!!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE