Third party HASNT REPORTED CLAIM Please help ( CAR OFFROAD)

[kcc]

Hi,

Somebody hit the driver side rear of my car when i was stationary at a traffic light.

I got a quote and was too expensive for him to repair so went to an accident management as im only third party and claiming off his insurance company.

 

Im pretty sure he wasnt insured properly as he was adament not to go through insurance, the car was insured at the time of the accident.

 

Its been a month now and accident management company said he cancelled his policy a week after the accident and is not responding to his insurance company so his insurance company are investigating. (BUT HE WAS INSURED AT THE TIME)

I have inpdependent witnesses that saw it ( middle of town) who filled in forms and have lots a pictures with the driver and witnesses in the pictures.They have sent this + car repair estimates to the other insurer

 

I read that even if he wasnt insured properly they have to act as an article 75 insurer.. The accident management company wont give me a hire because its not straight forward (hes not responding)

My cars in the garage just waiting for liability before repairing ( engineers report already done)

Its been over a month now and hes not responding (i dont think he ever will)

 

UPDATE

today the solicitor told me they passed it on to the liabilty team

What does this mean?

 

 

Are they obliged to pay up?

 

please help

thanks

[unclebulgaria67]

Yes they are obliged to pay, as evidence of their policyholders liability has been provided. By the sounds of it, the 3rd party Insurers are getting ready to make the relevant payments. Or it could be that they will be probing liability further. Personally I think they should be forced (court action if necessary) to get on with it and if they have a problem with their policyholder they should sort it out after.

 

It sounds like the 3rd party driver had reason to take flight. Was there a discrepancy with the details they provided to the Insurer when they arranged the policy ? Was the driver the actual policyholder or just someone borrowing the car ? Was this a case of fronting i.e a younger main driver, using mum and dad to Insure their car to obtain cheaper Insurance. Whatever the reason, they were hiding something, which they did not want their Insurers to know about. This is not your problem, so your accident management company should start acting a bit more forceably if they don't gain movement.

[kcc]

I thought this was the case, thank you very much

They are calling them on tuesday for a response, hopefully they will have a decision by then

[kcc]

I thought this was the case, thank you very much

They are calling them on tuesday for a response, hopefully they will have a decision by then

 

 

 

I forgot to say he cancelled his policy 1 week after the accident that's why they said they have issues with paying

Surely this shouldnt matter as it was insured at the time?

[unclebulgaria67]

I forgot to say he cancelled his policy 1 week after the accident that's why they said they have issues with paying

Surely this shouldnt matter as it was insured at the time?

 

No you didn't forget. Either you were tired or couldn't read through beer goggles.

 

Does not make a difference, as they were still Insured at the time. It is just a pain for their Insurers as their policyholder is on the run, so they can't find out their story. I suspect that the 3rd party Insurers will investigate their policyholder futher and even threaten legal proceedings against them. Not that this should affect you.

[kcc]

The solicitor phoned the third party insurance today and they said they havnt reviewed it yet... its waiting to be reviewed

I asked to issue court proceedings but they apparently have 90 days ( its been 45) before any legal proceedings can be issued

 

I am getting really frustrated and feel there is nothing i can do

[Ganymede]

The solicitor phoned the third party insurance today and they said they havnt reviewed it yet... its waiting to be reviewed

I asked to issue court proceedings but they apparently have 90 days ( its been 45) before any legal proceedings can be issued

 

I am getting really frustrated and feel there is nothing i can do

 

 

That is correct, the third party insurers have 3 months under the pre-action protocol in which to investigate that claim so there is nothing you can do for another 45 days.