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I will try and keep this as to the point as I can;
Back in December somebody drove into my car whilst it was parked outside of our house. We were not at home at the time so did not witness it. Fortunately somebody witnessed it and left details with a neighbour and also agreed to be a police witness.
What happened?
The car was parked legally and properly on the road outside our house. The 3rd party clipped the backend, stopped and inspected the damage to his car. The witness shouted over to him suggesting that he leave his details for us. The 3rd party got back in his car and drove off. The witness gave details to neighbour inc number plate, make and colour of car.
We reported incident to police when we got home and also to insurers.
Insurers dragged their feet, as did the police.
3rd party ignored letters from insurers until they mentioned the witness statement. Panicked and told his parents. Parents turned up on our doorstep trying to get us to withdraw claim and to allow them to pay for repairs via their 'friend'. We politely declined.
They turned up again a week or so later, this time getting quite aggressive as this was looking like it will cost daddy big time. Fortunately they left without incident.
Subsequently the police and insurers have been quiet. I found out to day, that despite the 3rd party's mother admitting to insurer that the son had hit the car and despite the police statement. The 3rd party has now started denying it again.
The insurers say that there is nothing they can do until we agree to have the car repaired through our policy. However they stated that if the 3rd party continues to deny it they will have to pursue them in court for the costs if they are significant enough. If not it will be marked as a fault claim against my policy and my insurance costs will go up etc...
The trouble is that the physical damage to the car is just on the excess level.
It is also coming up to 6 months and police do not appear to have taken appropriate action.
We do not have their details! Only the number plate, make and model of the car. We know their surname, but not where they live etc... Insurers have not shared this information.
go up the chain at the local nick, and complain like mad, this is a crime that should be investigated - leaving the scene of an accident without providing contact details
PGH7447
Getting There Slowly
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Advice is given freely but is in no way meant to be taken as Gospel
My OH has spoken to a not very helpful policeman who said that the 3rd party had been summonsed and the police were deciding whether or not to take the case further (to court?)....
I agree he should be dealt with for leaving the scene - also his quite obviously unsafe driving style.
Make a complaint to the police that the person/s left the scene of the accident and that until this is sorted you cannot make repairs to your vehicle
The problem is that repairs are not dependant upon admission of liability and therefore repairs can be made.
Has the TP insurer been involved at all? You say the TPs mother reported it to insurers - I take it their insurer? Really, if she has given a statement to them, she will have a hard time justifying a change of mind. Also, it's for the insurer to admit liability regardless of what the insured actually wants.
It seems to me that your insurer and the TPs are not talking to each other. The TPI should really not be denying liability in a case like his based on what you have said. You could contact their insurer (if you know who it is) and ask them what is going on. I would also get your insurer to start actually doing what they are being paid for and to get the report. The police are/were notoriously slow and pretty poor at providing reports, but a good hounding from the insurer should get things moving.
Yes, we can get repairs made - it just seems that our insurers (TESCO) can't be bothered to do what they are paid to do.
Who could we complain to ? fos or FSA (I get confused).
I will see if they have indicated who the third party insurer is. Basically it has been a pretty poor show all around. I need to know who to lean on to get the ball rolling again...
Has the TP insurer been involved at all? You say the TPs mother reported it to insurers - I take it their insurer? Really, if she has given a statement to them, she will have a hard time justifying a change of mind. Also, it's for the insurer to admit liability regardless of what the insured actually wants.
She contacted our insurers. Though given the subsequent lies and actions I would be unsure what she said. Although initially she told us that she had admitted to our insurers. However they (tesco) seem to be ignoring this.
Hmph, Tesco (again). Not surprised. I would write a strongly worded letter to them. However, you may be in or a fight.
Don't forget that if you do claim, and the insurer subsequently claims off the TP, then your policy will be reinstated. I realise this is not the main issue as the costs are about the same as your excess, but it is worth considering. Also you do not want to leave the repairs too long. If further damage occurs, for example a scratch rusts, then it may be more difficult to claim costs.
I have spoken to RBS (tesco are underwritten by UK insurance) head office and they have just leant on the Tesco CS to 'do something'.
Have been told to expect a call back before 5pm. However I have informed them that I will be making a complaint irrespective of this with a view to taking it to toothless (fos) if they fail to do the job I am paying them to do.
Basically the excess is £150, the quoted repair costs are approx £150. Because we have not had the repairs done they won't pursue TPI for costs.
However, it we get the repairs done they still won't pursue TPI as they claim we have no motor legal cover (which we assumed made up part of the policy).
Basically if we want to recover the costs we have to chase TP ourselves either through small claims or ambulance chasers.
You can make a claim direct against the TP insurers, best way to be honest as you can cliam lots of things such as time sorting it out, you dont have to get the work done until they have paid out, just submit a pro-forma invoice, they will settle against that.
The police must give you their insurers name and ref no. if TP wont. ARE they insured?
All a bit of hassle i know, but if you dont have legal cover it will be down to you anyway. Better to claim direct of thei insurers than take them to court.
Driver refusing to accept liability
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Originally Posted by PGH7447
