Disputed Liability - How to Proceed Without Insurance Company Involved?

[J_Hughes]

I'm currently in dispute with a previous insurer who voided my car insurance policy after an accident and am wondering how to proceed without their representation.

 

The accident happened when my car was driven into whilst stationary at a busy junction - I was unable to stop a witness and the driver of the other vehicle has refused to accept liability. The driver's employers are represented by an accident management company who I have been corresponding with. They have details of the accident (I explained that I strongly refute their client's version of events and would be accepting no responsibility), together with a written estimate for repairs to my car. An assessor has inspected the damage to my car (which is still not repaired after five months) on their behalf.

 

The accident management company are still maintaining that their client is disputing any liability. The client's vehicles are fitted with video cameras which should show clearly that my vehicle was stationary at the time of the accident, but I have been told that footage is not available for the date of the accident (they were unable to explain why).

 

Should I be instructing a solicitor to take the vehicle operating company to court?

 

Are any other options available to me?

[unclebulgaria67]

Well you could see if a no win no fee solicitors will take this on for you. It would have helped, if you had suffered a personal injury, as there would have been more of a chance of a solicitor earning money from pursuing a claim.

 

You could take this to court yourself. Issue the third party driver with a letter before action, saying that you intend to issue court proceedings within 21 days, unless they settle your claim. Provide them with details of your loss. Then if you don't hear back within 21 days, issue a court claim against the third party driver. As part of taking them to court, you could make an official request for any video camera footage.

 

I am not an expert in taking forward court claims, but if you post to the legal forum on CAG for help or look at the various guides online, it is all explained for you.

[Mwynci]

deffinately go for legal advice, you potentially face issues over a counterclaim, which could bite you if your insurers are not covering this cost.

[J_Hughes]

Thanks for the advice.

 

Re a counterclaim, there was no damage to the other vehicle and nobody was injured - should I still be concerned?

 

I assume I should be taking action against the driver's employer directly, rather than the driver personally or the claims management company.

[unclebulgaria67]

Thanks for the advice.

 

Re a counterclaim, there was no damage to the other vehicle and nobody was injured - should I still be concerned?

 

I assume I should be taking action against the driver's employer directly, rather than the driver personally or the claims management company.

 

No to the first question, though they could claim costs. e.g legal

 

No, you would issue the court claim against the driver, as they were in control of the vehicle that crashed into you.

[J_Hughes]

Thanks. I'll request the driver's name from his employer (he refused to give it after driving into me).

[unclebulgaria67]

Thanks. I'll request the driver's name from his employer (he refused to give it after driving into me).

 

If they still refuse, tell them that you will involve the Police and ask them to visit to obtain the information. I believe it is a legal requirement under Road Traffic Acts, to provide relevant information, if they have caused damage or injury to a third party.

[Ganymede]

No to the first question, though they could claim costs. e.g legal

 

No, you would issue the court claim against the driver, as they were in control of the vehicle that crashed into you.

 

 

 

I would issue against the company as they are vicariously liable for the actions of their employees. Assuming the employee wasn't off on a frolic of his own that is...

[unclebulgaria67]

I would issue against the company as they are vicariously liable for the actions of their employees. Assuming the employee wasn't off on a frolic of his own that is...

 

Is that not a more difficult argument to make ? Any pitfalls in doing this ?

[Mwynci]

yep, should be the employer if they hold the cert.

[stu007]

Hi

 

If the driver that hit your vehicle was driving a company vehicle at the time then it would go through the companies insurance company for those vehicles. So ultimately the employee was driving a vehicle provided by his employer.

 

Now the driver refused to give his name after being involved in a RTC well I would advise having a chat with you Local Police Station on the Legal requirements of exchanging details after an RTC. Something tells me UncleB is correct in his Post#7 on this.

 

Also something else you may not have considered is did this Employee follow his Companies correct procedure after being involved in a RTC? something you may want to ask.

 

So you may need to write and request a copy of their Company Policy and Procedure following a RTA and confirmation that this was followed by their Employee.

 

As for the CCTV well these PDF may be of some use:

Edited May 25, 2012 by stu007

[stu007]

Hi

 

Also found this information:

 

What must a driver involved in a traffic accident do

 

A driver involved in a traffic accident should stop whether or not the accident was their fault if:-

• anyone, other than themselves, is injured; or
  
• another vehicle, or someone else’s property, is damaged; or
  
• an animal in another vehicle or running across the road is injured; or
  
• a bollard, street lamp or other item of street furniture is damaged.
  

If you have to stop, you must remain near the vehicle long enough for anyone who is involved directly or indirectly in the accident to ask for details. This could be, for example, the owner of an injured animal, a relative of someone who is injured, or the police. The driver must then give their name and address, the name and address of the owner of the vehicle (if the driver is not the owner), and the registration number of the vehicle.

 

The driver may also have to report the accident to a police officer or at a police station, in person, as soon as practicable and in any case within 24 hours. This duty arises whenever the driver has not given their name and address at the scene of the accident, whether or not they were asked to do so.

 

If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. If the insurance certificate is asked for, but not produced at the time, the accident must be reported to a police station as soon as practicable, or in any case within 24 hours, and the insurance certificate must be taken to a police station within seven days of the accident. However if the driver is asked at the time of the accident to produce insurance details and does so, there is no further obligation to report the accident to the police, as long as they have complied with the duties described above.

 

In the case of a damage-only accident, the driver must give insurance details to anyone who may wish to make a claim against them.

 

In all accidents, drivers should inform their own insurance company.

 

This info is from CAB here is the link to above info:

 

http://www.adviceguide.org.uk/wales/old_consumer_w/consumer1_cars_and_other_vehicles_e/consumer_driving_e/traffic_accidents.htm#what_must_a_driver_do

[Ganymede]

Is that not a more difficult argument to make ? Any pitfalls in doing this ?

 

 

No pitfalls unless they company claim that their employee was on a frolic of his own as was not authorised to drive the van etc.

 

In any Court action the OP would name the company as the Defendant so the driver's name and the company's procedure is irrelevant.

 

The OP needs to request details of the company's motor insurers and Forget out the driver now

 

The OP could also request the CCTV under 31.16 of the CPR but they may have to pay copying/admin etc costs.

[J_Hughes]

Thanks very much for the responses, it's most helpful. I will request the insurance details from the accident management company and make a request for the CCTV evidence.

[J_Hughes]

Some developments - the accident management company offered to settle by paying 50% of their assessor's repair quote (which was almost exactly the same as the quote I had obtained). I would obviously have refused this offer, but when the confirmation letter arrived it appears that the vehicle operators are now claiming several hundred pounds for time off the road and repairs to their vehicle, which is a nonsense. There was already obviously old and unrepaired minor damage to their vehicle's bumper from more than one incident (I took photographs) and the impact simply dented my car, with only the tiniest amount of paint transfer from their vehicle.

 

It's disappointing that someone would behave like this. Does anyone know if I am I able to start legal action without repairing my car, or do I need evidence of a financial loss to recover?

[unclebulgaria67]

I think the damage, is a financial loss. The vehicle is now worth less, than prior to the accident and you have an estimate for repair, which confirms how much the loss is.

 

If this were not the case, people without money to pay for repairs, would never be able to go to court.

[J_Hughes]

Thank you, that's what I had thought.