Can 3rd Party insurers close the case

[princess roxy]

Hi Waiting for 3rd party insurers to get intouch with my insurers . Their client gave my motor a right bashing after coming out of a junction,without looking . He reckons hes not at fault,however his passenger phoned the police,and the fault was not suprisingly placed firmly on his head,and i have a police case no etc to prove this. His insurance are not really complying with mine,saying they cant get replies or more info of their client,and its peeing me off. Ive heard that after 90 days, his insurance can either pay for my damages (client rendered guilty, no compliance) or more worryingly just close the case , and not pay up .........is this true.

 

i always thought that insurances discussed between themselves who was to blame with the evidence in front of them, i have police report so why doesnt his company just say yes my client is guilty on all the evidence at hand ,i will pay up. Thanks , Roxy

[T.C.]

Your experience is not uncommon, and as far as the third party insurers are concerned, because they cannot get hold of their policy holder/client to all intents and purposes the case is closed.

 

Go back to your insurance company and instruct them to issue proceedings against the third party driver and his/her insurance company.

 

In damage only claims the statute of limitation (The period in which you have to make a claim) is 5 years and so they cannot just sweep it under the carpet in the hope that it will go away, and if they still refuse to deal with the matter, then it could be treated as a potential MIB claim under the uninsured or even untraced track which could be costly and embarrassing for the third party insurers, and you could also contact the insurance ombudsman who is the ultimate authority.

[princess roxy]

Your experience is not uncommon, and as far as the third party insurers are concerned, because they cannot get hold of their policy holder/client to all intents and purposes the case is closed.

 

Go back to your insurance company and instruct them to issue proceedings against the third party driver and his/her insurance company.

 

In damage only claims the statute of limitation (The period in which you have to make a claim) is 5 years and so they cannot just sweep it under the carpet in the hope that it will go away, and if they still refuse to deal with the matter, then it could be treated as a potential MIB claim under the uninsured or even untraced track which could be costly and embarrassing for the third party insurers, and you could also contact the insurance ombudsman who is the ultimate authority.

 

 

 

i gather his insurance company have all info needed both from 3rd party and myself

Edited November 26, 2012 by princess roxy

[princess roxy]

Your experience is not uncommon, and as far as the third party insurers are concerned, because they cannot get hold of their policy holder/client to all intents and purposes the case is closed.

 

Go back to your insurance company and instruct them to issue proceedings against the third party driver and his/her insurance company.

 

In damage only claims the statute of limitation (The period in which you have to make a claim) is 5 years and so they cannot just sweep it under the carpet in the hope that it will go away, and if they still refuse to deal with the matter, then it could be treated as a potential MIB claim under the uninsured or even untraced track which could be costly and embarrassing for the third party insurers, and you could also contact the insurance ombudsman who is the ultimate authority.

 

 

 

From what i gather the 3rd party has given his insurers some info, but keeps stating that he is not to blame ,even though everyone can see he is . Been told that after 90 days things can begin to happen ,ie court proceedings. Should my insurance company be issuing court proceedings or would i have to do it myself., and would action be taken against 3rd party AND his insurers . thank you Rox

[dw190]

From what i gather the 3rd party has given his insurers some info, but keeps stating that he is not to blame ,even though everyone can see he is . Been told that after 90 days things can begin to happen ,ie court proceedings. Should my insurance company be issuing court proceedings or would i have to do it myself., and would action be taken against 3rd party AND his insurers . thank you Rox

 

Are you insured Fully Comp or Third party?

 

Your insurers are only obliged to pursue their losses. Any Policy excess you have paid, Injuries or other personal losses are up to you to claim.

[princess roxy]

unfortunately 3rd party on this motor....... so if i hit a car , denied being at fault, and didnt speak to my insurance about it , i get away with it and keep my no claims. seems that is what this little **** is planning to do.

[dw190]

unfortunately 3rd party on this motor....... so if i hit a car , denied being at fault, and didnt speak to my insurance about it , i get away with it and keep my no claims. seems that is what this little **** is planning to do.

 

Your own insurer has no interest in the claim element so its up to you to claim from the other party. You can either do it yourself or appoint an agent. You could give the insure a call and ask them politely to deal with the claim or you will have to pass it on to a claims company.

[princess roxy]

Ive been along this route before so im not phased by it......But what would be the best way to do this.......... Could i take his insurance to court for payment to repair my car, or would it have to be the 3rd party themselves...... 3rd party is an 18yr old ******, doesnt work , smokes weed ,takes drugs and generally him and his mates just drink all day,friends know of him and seen him on facebook, talking like a rasta, spliff in hand. So taking this little so and so to court will probably mean absolutely nothing to him.

[princess roxy]

Can anyone give me some info on the questions asked in my previous post, or title of thread, would be most grateful . Thank you, Roxy.

[sailor sam]

I think you will have to send the TP an LBA (letter before action) which he should pass on to his insurers. You should detail the amount of your claim in the letter and attach a copy of the estimate/repair bill to it. If you have to take the matter to court, I think it is the TP himself that you sue. He may not be playing ball with his insurers so suing them would probably be pointless.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[princess roxy]

surely if TP doesnt comply, a POLICE REPORT in itself, saying their client is at fault is surely enough evidence for the TPI to pay for damages.

[sailor sam]

surely if TP doesnt comply, a POLICE REPORT in itself, saying their client is at fault is surely enough evidence for the TPI to pay for damages.

 

Yes but if the TP dosn't report the matter/make a claim to his insurers, they may not act on his behalf in which case you would need to aim your action at him. For all you know, he may not even be insured with the company that he has given you.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[princess roxy]

gosh ,thanks Sam , need to do more digging to find out how much info he has given his insurers, i do know he has given some, but what i dont know...... would you please keep an eye on this thread. thank you. Roxy.

[sailor sam]

gosh ,thanks Sam , need to do more digging to find out how much info he has given his insurers, i do know he has given some, but what i dont know...... would you please keep an eye on this thread. thank you. Roxy.

 

Yes of course. In the meantime I suggest you follow my advice in post #10.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[princess roxy]

Hi, just an update of my situation. Have spoken to a chap at my insurance, who says that every week they are ringing, and sending emails to the TPI, but are not having a great response. Their course of action is this, After 90 the TPI may take the opinion that their client is at fault and may pay up , if not my insurance will send LBAs to both his insurance, (As they have all the info required to make a decision of whos at fault) and to the 3rd party . If the stuation goes to court ,they will also use the police report as evidence against the TP,and ask the TPI why wasnt this looked at. For me personally to request to see this report i would have to pay £70. I was told, a court could make either of them pay , but my insurers seem to think that the TPI , will pay up. Just hope they do. But until 90 days are up,nothing can be done legally. That time is up in the first week of January . Thank you , Rox.

[princess roxy]

Hi, just an update of my situation. Have spoken to a chap at my insurance, who says that every week they are ringing, and sending emails to the TPI, but are not having a great response. Their course of action is this, After 90 the TPI may take the opinion that their client is at fault and may pay up , if not my insurance will send LBAs to both his insurance, (As they have all the info required to make a decision of whos at fault) and to the 3rd party . If the stuation goes to court ,they will also use the police report as evidence against the TP,and ask the TPI why wasnt this looked at. For me personally to request to see this report i would have to pay £70. I was told, a court could make either of them pay , but my insurers seem to think that the TPI , will pay up. Just hope they do. But until 90 days are up,nothing can be done legally. That time is up in the first week of January . Thank you , Rox.

.....

[princess roxy]

HELP ....well, over 2 months passed and still no further on with this claim. Third Party Insurers say, that their client says that he is not at fault and will not comply with them. He has not submitted any statement,diagrams ,photos or any evidence to back up his not at fault claim. I have given them a statement, diagrams, photos a police report number and police officer number to show them that HE IS AT FAULT. His insurance wont pay this claim against their client.......... My insurers, after speaking to 16 different people over the course of 5 months, have decided at last to request a copy of the police report, but say it could take months to get............. Iam now able to take legal action( after 90 days) against either TP or TPInsurers after 90 days waiting time. The question is, do i see a solicitor , with a view to starting legal action OR do i wait for my insurance company to sort it all out. AND do i take action against the little s*** who has caused all this hassle OR his insurance company for being so damn arrogant and unwilling to see sense. THIS WHOLE BUSINESS causing me so much stress, its making me ill, and i cant sleep with worry, I could just sit down and cry . PLEASE HELP. Rox

[dw190]

Iam now able to take legal action( after 90 days) against either TP or TPInsurers after 90 days waiting time. The question is, do i see a solicitor , with a view to starting legal action OR do i wait for my insurance company to sort it all out. AND do i take action against the little s*** who has caused all this hassle OR his insurance company for being so damn arrogant and unwilling to see sense. THIS WHOLE BUSINESS causing me so much stress, its making me ill, and i cant sleep with worry, I could just sit down and cry . PLEASE HELP. Rox

 

If you take an action against the T/P, terms of his insurance will have a clause that any documantation received should be passed to them and they would act on his behalf.

 

Personally, I would include the insurer as the second defendant in any action against the T/P.

[princess roxy]

If you take an action against the T/P, terms of his insurance will have a clause that any documantation received should be passed to them and they would act on his behalf.

 

Personally, I would include the insurer as the second defendant in any action against the T/P.

 

Thank you for your reply, dw190. Are TPI in the wrong ,in what they are doing ? and would you take legal action against both TP and TPI ?, Finally,would you let my insurance continue to fight my case, or go it on my own through a solicitor ? sorry for asking more questions, i just dont know what to do or who to turn to............ Its so unfair my car gets wrecked to the tune of £1200 damages , NOT my fault , my insurance seems unbothered to help, TPI dont give a toss ,as does the little s*** that did the damage. Where is the justice............. DW190 Thank you again for your help. Roxy

Edited February 12, 2013 by princess roxy

[princess roxy]

If you take an action against the T/P, terms of his insurance will have a clause that any documantation received should be passed to them and they would act on his behalf.

 

Personally, I would include the insurer as the second defendant in any action against the T/P.

 

Thank you for your reply, dw190. Are TPI in the wrong ,in what they are doing ? and would you take legal action against both TP and TPI ?, Finally,would you let my insurance continue to fight my case, or go it on my own through a solicitor ? sorry for asking more questions, i just dont know what to do or who to turn to............ Its so unfair my car gets wrecked to the tune of £1200 damages , NOT my fault , my insurance seems unbothered to help, TPI dont give a toss ,as does the little s*** that did the damage. Where is the justice............. DW190 Thank you again for your help. Roxy

 

anyone help please.

[dw190]

anyone help please.

 

I would be most suprised if your insurer would fight your corner but they are obliged to defend if a claim is made against you.

 

The T/P are saying its not their fault but have they commenced any claim against you?.

 

Solicitor costs are limited if the matter is a small claim but if there are injuries worth £1,000.00 or more solicitors get the full amount of the costs if they win.

 

If you go the court route the T/P insurer will probably defend but will want to avoid Judgements and will take note of any police reports.

 

Your insurer is probably requesting police report to assist themselves which naturally would assist you as well if they report in your favour.

[princess roxy]

The TP are saying its not their fault, but have NOT commenced any claim against me, even though his car was damaged

 

i had two quotes for my repairs, insurance recommended bodyshop, submitted quote was £3000 (this company is known locally as a total rip off merchant) quality backstreet garage quoted £1200. i thought everything was going ok.....then.loss adjuster/TPI/my insurance ??or someone..... rang me to say my car was classed as a write off with £3000 quote,, told him i didnt want that company repairing my car, and that i was submitting my other quote for £1200, next thing i hear is that TP ,saying hes not at fault. everything on hold........ One minute prepared to pay as write off ,next not his fault.

[sailor sam]

Have you sent an LBA out to the TP? If not, do so and send by recorded delivery giving 14 days to comply. Also send a copy to his insurers.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[princess roxy]

Hi Sam, would you do this through a solicitor, or do it off my own back ,which iam prepared to do. Problem is , the little s*** keeps changing his address, moving in with this mate , then another. Would i be within my rights to send one to his insurers alone. thanks, Rox

[sailor sam]

Hi Sam, would you do this through a solicitor, or do it off my own back ,which iam prepared to do. Problem is , the little s*** keeps changing his address, moving in with this mate , then another. Would i be within my rights to send one to his insurers alone. thanks, Rox

 

I don't think it would do any harm in speaking to a solicitor who specializes in motor insurance matters but to be quite honest, I don't think there is much else you can do but to issue a claim against the TP (and possibly his insurance company) in the small claims court.

 

As far as I know, a TP insurers are legally obliged to deal with a third party claim.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.