Hi

I was driven into the back of in May 2009, totally the other guys fault (I have a witness to the accident). Attempts by his insurance company and the Police to contact the guy has failed ever since this point.

An enquiry agency has recently sent someone around to his registered address and it has come to light that the address he has registered with his Insurance company he doesn`t live at. The woman that lives there has never heard of this person. Of course she could be lying or he could have recently moved out and not changed his details.

Does anyone know where I stand with my claim if they cannot trace him, or at least if they can trace him and he denies all knowledge of the accident after 3 months. He also might have changed his car since.

Thanks

if he fails to reply the insurance company still have to deal with you.

they have prob already written to r.e accident allegations,then further letters advising that they will prob have to deal and treat as fault claim if he does not reply etc.

Ok that`s reasuring to know. Thanks for the reply.

hi,

as per the 'pre-action protocol' the insurer have 3 months to resolve liability. They should now be looking to deal with your claim 'without prejudice', which basically protects their client should he appear. Who is acting for you, ie, are your insurance co dealing, solicitors, ax management co etc? as they should be pushing for them to now deal.

Hi

I have a company called Minster Law acting on behalf of me who work with my insurance company Smart People Budget. The person dealing with my claim has basically told me not to contact her or the 3rd party insurance company, Fortis, as Fortis have up to 4 (four) months in order for them to contact their client/customer. Therefore I stil have another 4 weeks or so to wait. To date they haven`t managed to contact him and as mentioned before it has become apparant the guy doesn`t even live at the address he has insured his car at.

Cheers

Hi

I have a company called Minster Law acting on behalf of me who work with my insurance company Smart People Budget. The person dealing with my claim has basically told me not to contact her or the 3rd party insurance company, Fortis, as Fortis have up to 4 (four) months in order for them to contact their client/customer. Therefore I stil have another 4 weeks or so to wait. To date they haven`t managed to contact him and as mentioned before it has become apparant the guy doesn`t even live at the address he has insured his car at.

 

Cheers

I wonder if he live at the address his car is registered at?

Unless and until he completes a claim form and requests indemnity from his insurers they will not be able to do anything or get involved in this matter.

If he doesn't advise them of this accident by way of a claim form then you will have to pursue him direct.

Mossy

Hmmm well from his point of view that would seem like an easy escape clause for anybody responsible for a minor collision. i.e. Just ignore it and it`ll go away unless the victim takes it upon himself to pursue things? Or am I misunderstanding that one?

Unless and until he completes a claim form and requests indemnity from his insurers they will not be able to do anything or get involved in this matter.

 

If he doesn't advise them of this accident by way of a claim form then you will have to pursue him direct.

 

Mossy

think they will, i have seen loads of cases where the TPs have reported the incident and our PH have failed to reply to the allegations etc and the claims have had to be settled. Id be a bit miffed if I was hit by someone got their details,ins company etc, but the ins company wouldnt deal because the their PH wasnt playing replying to their letters.

The solicitor dealing with my claim just phoned to say that the TPs insurance company can blow the claim out if liability is not admitted through failing to contact the person that was at fault. Seems like a bit of a loophole to me!! either that or my solicitor acting on behalf of my insurance co and the TPs insurance are working together on this!

I did ask that the client has a legal right to notify his insurers if he changes address and that could invalidate his policy in the event of an accidient but she said that is one of those things and is the fault of the client and not the responsibility of the Insurance Company.

The Police can try and find the person at fault if they can prove he was driving without due care and attention, which needs to be proven through my witness. I did notify the police at the time so they have all details of incident on record.

forgot how much fun car insurance can be!

ring your insurers to get their view on it, they should deal with your repairs etc then chase the TP insurer for their costs, just because the person at fault is not cooperating should not halt your claim.

Is it damage or personal injury? a colleague of mine has waited 3 year for them to settle.

Hi

I`m only TPF&T so have to sort repairs out myself unfortunately if i want my car fixed. I did havea courtesy car until the TP inspection declared my car fit to drive after 3 weeks of accident. Exhaust blows and Mot now out and to fix damage to go through MoT will cost ME £800 which i may be able to claim back when or if it all goes through.

My insurance company have told me not to call them within the 4 month period the other company have to respond to my claim. They said they will call me when they have news.

Although mild, there is also personal injury in addition to damage to my car which is also being sorted.

When my policy is up for renewal, i shall be going fully comp!