Thread: Car Incident - 19th December (Swiftcover) - Not at fault

Hi all,
firstly great website, having thankfully not had the need for it until now i have read a number of threads and found your advice to be very helpful.

Unsurprisingly as you may have guessed from my joining and post title - I am seeking advice.

Firstly cast your minds back to a freezing cold snowy icy night on 19th December 2009. It's just gone 17.30 and i get a knock on my door. Young chap says that he's sorry but has skidded on the icy road and hit the nearside front and rear door of my car with his dad's builders flatbed van, which is parked outside my house. By this time there are a number of his friends outside with him claiming to have "heard that he wasn't going very fast". He was travelling down the road visiting a friend that lives just across from my house.

We exchange details and i explain to him that i am going out to a family party and will arrange things the following day.

The next day we eventually get to speak and he requests that i don't use the insurance company as he is on his dads insurance and will have to pay a lot more as a result of this accident once he eventually gets his own policy. After discussing it with him i declined and said that i would rather get it done via the official channels as estimated that it would be more than £1500 to fix (definately needs a new passenger front door and probably a shell of a rear door) - which is too much for him to pay cash with and i wasn't really comfortable with that anyway.

So the incident was reported to Swiftcover - online using their very easy to use report a claim function.

I have checked numerous times between then and now and been told on each occasion that they have written to the third parties insurance company and received no response. Therefore the bit on the claim where it says about Liability Status shows - In dispute. Because of this when my car is finally being collected wednesday this week to be repaired, i am going to have to fork out £350. When i called friday the helpful chap said (as before ) that they had sent 4 letters to the insurance company and as yet had received no response. I have just called again today and they have said that swiftcover called this morning and have been advised by the third party company that no claim had been reported and they would not accept the phonecall and requested a letter.

I obviously didnt realise that this would be so much of a problem, and had assumed (perhaps wrongly) that it would be clear cut! The car was parked, locked and no one was in it - how is it taking this long to sort it out.

With two days to go until the car is collected and they expect payment of my £350 excess to repair it, i can't really afford to hand over £350 - even if i do get it back in a month or six.

What else should i do?

Any advice or criticism greatly recieved.

Cheers

Peter

Unless and until the third party reports this accident to their insurers they will not be able to get involved.

Your insurers will be looking to get any money back that they pay out because you were totally blameless, if the third party doesn't complete a claim form then they will have to persue the third party direct for it.

Sadly it's the same with your excess or any other uninsured losses that you have, you either claim them back (when you have actually paid them) either from the third party directly or from their insurers (if they fill in a claim form).

Mossy

Originally Posted by sailor sam

You need to write to the TP directly advising him that as he was deemed liable for the accident, consiquently he is responsible for your excess and other un-insured losses. Advise him that you require him to pay your excess amount 'on account' within 14 days otherwise you will commence legal proceedings via the small claims court. End the letter by suggesting that he passes the letter onto his insurance company who may wish to deal with this matter on his behalf. Send by recorded delivery and keep a copy. I'm assuming you are fully comp and as such the repair to your car should not be affected and I assume you will be provided with a courtesy car?

I agree pursue a claim direct with the other driver is the way to go. Do you have legal expenses insurance (BTE) if so ask them to go after the guy on your behalf. Also irrespective of whether or not he has submitted a claim your insurer should now go after the guy direct by sending him a demand for payment followed by an lba followed by an issued claim form