Hello all, I really don't know what to do with this.

In December 07 I had my first car accident and the liability has been in dispute since. I turned into a slip road and past some off road parked cars on a corner that obscured my view of the road ahead. There was a parked car on the opposite side of the 2 way carriageway. When driving past the off road parked cars, I was faced with a Land Rover partially on my side of the road. The lady driving the Land Rover must have been steering around the parked car on the other side to me. There should have been enough space for both of us to pass safely with the parked car on the road. She had obviously pull out too far to pass the parked car and so causing the accident. We were both driving at about 20mph and both of us had no time to react at all. Both vehicles were so badly damaged they had to be removed. Neither vehicle are insurance right offs.

The police were suspicious as the Land Rover had come up on their system as not insured or owner by her. She claimed at the time to have Comprehensive insurance for another car that would cover her for this vehicle. The police report states that she had recently sold/purchased the vehicle. The police told me at the time that I would need to request a copy of the police report in order to get the drivers details. On trying to do this, I have been told this is not possible due to the data protection act.

The problem I have is that there were no witnesses and I am 3rd party fire and theft. My insurer, Direct Line, have declared they are to not get involved in any way what so ever. I have tried many times for them to help but they have declined involvement. I am in frequent contact with the insurance company of the vehicle. I claim I was on my side of the road and the other vehicle was on my side as well causing the accident, and they claim I was on the other side of the road and so was the other vehicle. (the oposite to my version) The strange thing is that they claim it was a man driving yet it was a woman as the police report states. I have tried

requesting the insurance policies of both the driver (a lady) and the insurer of the vehicle (a man). They rejected this request.

Any ideas what i can do?

I can't afford solicitors.

I don't often say this, but have you contacted a no win no fee solicitor? They might be able to help at no cost to yourself.

Did the police call to the scene prior to the cars being moved? Were any photographs taken of the scene by either yourselves or the police?

How much damage was caused to your vehicle(financially) and how much to hers? Did you exchange details with the driver of the other vehicle?

By the way, I agree with BWs post above also.

Your insurance company SHOULD get involved - they can request a DVLA check to see who the owner of the car is, and a further check to see who the insurance company of the Third Party is/was. They should also get an assessors report on your damage and they can access the police report. They are fobbing you off.

This is something D/line do regularly, if you are TPF&THT and are hit by a TP,etc. they dont want to know an expect you to do all the leg work, chasing the other insurer etc.(why pay insurance if you are doing the work)

Phone and make CEO complaint

1) Your insurance company must become involved. If she is making a claim from you (and disputed liability would suggest that you are both claiming from each other) then this is a third party claim.

2) You have no need to know who her insurer is. claim form her directly - it is then her choice whether or not to involve her insurer. You have no contract with her insurer - you cannot claim from them.

3) From your description, it would appear that she was on the 'wrong' side of the road overtaking a parked vehicle on her nearside. She is the one who should have given way as her side of the road was 'blocked'.

4) Obtain estimates (I suggest 3) for the repairs to your vehicle and add your costs for not having your vehicle whist it is repaired (car hire/fares/etc.).

5) Write to her - not her insurer - and make it clear that you are holding her liable for your claim. Do not respond to any contact from her insurer - continue to contact her and hold her liable.

6) You may end up having to issue a LBA and then sue in the county court. Again, you sue her - it is then her decision as to whether or not to join her insurer to the action.

I may try no win no fee solicitors but I fear they will not bother with it given I have no witnesses. The only thing I have to use is that the insurace company of the owners(not drivers) vehicle have claimed he was driving even though the police report states it was a woman driver.

The police arrived and were the ones to organise the removal of the vehicles. No photos were taken as there were no injuries and so no police involvment other than to clear the road. I was told by the police that I had to call Collision admin at a later time to obtain the ladies details, incorrect instructions as I have found out. I do not know who this lady is.

Damage to the other vehicle was as extensive as mine and probably not worth repairing given the value of it. My car had a quote at an insurance car repairing garage at £9500, nearly twice the value of the car.

As I was 3rd party, Direct Line would not feel it justifiable to get involved, costing them in admin. However, surely this is what I pay my premium for? But then again that might just cover 3rd incidents and no more.

There must have been some kind of police report, surely?

Check your insurance policy - does it have legal cover included? If yes, Direct Line have no excuse not to pass it on to their 3rd party recoveries section.

Obviously the driver of the other vehicle was not covered to drive it - hence the change in story.

Check for legal cover before anything else as contacting the driver repeatedly may be seen as harassment if she claims she wasn't driving.

I The only thing I have to use is that the insurace company of the owners(not drivers) vehicle have claimed he was driving even though the police report states it was a woman driver.

The insurance company are not 'claiming' anything; they are merely restating what they have been told by the policyholder. I might break my own rule and write back to them pointing out that they must be mistaken as the driver was definitely female - as evidenced by the police report. It may also be worth contacting the police again as she was obviously driving whilst uninsured (which is a criminal offence) and he is 'permitting' (another criminal offence)

The police arrived and were the ones to organise the removal of the vehicles. No photos were taken as there were no injuries and so no police involvment other than to clear the road. I was told by the police that I had to call Collision admin at a later time to obtain the ladies details, incorrect instructions as I have found out. I do not know who this lady is.

Ouch. It is a criminal offence not to exchange details at the scene of the accident. I would get in touch with the PC who dealt with the incident and tell him that the collisions unit are refusing to provide the information that he said they would. If he gets at all arsey about it, report him to professional standards as his actions in misleading you have left you in a position of being unable to recover your losses.

Damage to the other vehicle was as extensive as mine and probably not worth repairing given the value of it. My car had a quote at an insurance car repairing garage at £9500, nearly twice the value of the car.

Any insurance company is going to write the vehicle off. You are however, entitled to be out back into the same position you were in prior to the accident providing you can prove the other driver was at fault. As I stated above, is she was on the wrong side of the road, then I would hazard that this is sufficient evidence to prove 'on the balance of probabilities' (civil court test) that she was negligent in her driving.

As I was 3rd party, Direct Line would not feel it justifiable to get involved, costing them in admin. However, surely this is what I pay my premium for? But then again that might just cover 3rd incidents and no more.

TP, TPF&T, Fully Comp. should all be immaterial if you have legal cover. Contact DL again and insist that they provide the legal assistance that you are paying for - it is supposed to be there for you to receiver your uninsured losses.

Do not roll over and walk away from this. Your insurer - DL - are taking the p*ss by denying you the legal cover you say you have (and paid for); the other policyholder is taking the p*ss by acting with criminal fraudulent intent by lying to his insurance company. Both the other driver and the policyholder appear to be committing criminal acts to avoid prosecution - also know as attempting to pervert the course of justice - for which prison usually beckons

Well said patdavies - great minds think alike but didn't have time to say it all in my post as had to get kiddies to school.

Hopefully, legal cover was in place as it is an option but the cost has jumped in the last few years so many choose not to have it now.

Fingers crossed!