obligation to inform insurance of an accident ???

[gbjadyy]

I had an accident back in dec and my insurance decided to take an easy route by putting the cliam directly on me without even informing the third partie insurance or asking the other driver for accident details????, my claim was low cost at arround £500 but my excess was £300 so that cost me more than the insurance, i wouldnt mind but fault lies with the 3rd partie as he was manouvering in the middle of the road (literally) on the brow of a hill, when his car came into view for me ( completely sideways to the road) i had around 40ft before impact so there was no way for me to avoid it and at the time he said he didnt want any involvement in insurance claims even though he did agree to give me his details which i passed on to my insurance, ( he didnt want insurance claims because it was clearly his fault), that was back in dec and he has never inform his own insurance of the inccident and i heard somewhere that you have a duty to "inform the insurance" and if you dont do so within a specific timescale then the accident automatically becomes your fault anyway???, does anyone know of this and if so where can i find that info so i can force my insurance to act because the way it is right now i am the one losing out for something not my fault at all but my insurance took an easy route as it only cost them £200 for everything innvolved and i dont believe this should happen at all, i am realled peed off about this as i am addament this was not my fault and the my insurance should clearly see this is not my fault ( they even told me over the phone they dont want to persue the 3rd party incase it involves more costs),, what exactly do i pay my insurance for if they dont both to act on my behalf when needed to do so???, any help apprecciated especially if someone can point me the way to details about having a duty to infrom within a timescale as this could be usefull to force my insurance into taking action and get my £300 back,

thanks

[gbjadyy]

anyone at all with help on this???

[afcwben]

just for clarification, I am assuming from the description of the accident the other party were in the road horizontal to you approach and you hit them, sideways on by any chance?

[sailor sam]

Clearly your insuers do not agree with your assumption that the TP was at fault. Normally if a TP refuses to inform their insuers it would require you (or your insuers if fully comp) to persue the TP directly for your un-insured losses. I am guessing that you have third party cover so it would be down to you to persue the TP anyway. You need to write an LBA letter (before action) to the TP stating that if he does not re-inburse your losses within 14 days, you will take the matter to the smail claims court without further notice. Indicate in the letter that he may wish to pass it on to his insurers should he wish them to deal with the matter on his behalf.

 

A word of warning though, if you do take the matter to court, you will need to be able to show that the TP was liable for the accident.

 

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[gbjadyy]

yes the other car was horizontal to me meaning i had frontal damage and he had side damage ( it was a straght forward T bone scenario) , i am fully comp insured and when i went over the brow of the hill i was present with about 40ft till impact so by the time i could see him it was already too late, he had an old car worth probly aprox £200 thats all and damge would have written it off but he dint want to lose his no claims for the sake of a £200 car and thats why he has never informed them, my insurance actually agreed under the circumstances i could not have avoid this accident and he should not have been manouvering in such a dangerous place but they still never persued him and my argument is why should i lose my no claims for something so obviously not me at fault, it seamed like my insurance took easy option and paid low figure for my repairs so paperwork is minimised

[raydetinu]

did you have legal cover as well. if so you can ask them to persue third party to recover your losses and hopefully get your ncb back.

nothing to stop you taking him to court for your costs and damages if you dont have legal cover.