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Insurance issue after collision

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Hi guys, I am posting this on behalf of a family member, who had recently been involved in a collision.

 

At the scene of the accident, the other party accepted liability as she had reversed into the passenger side of my sister-in-law's car, whilst attempting to find a car parking space, and my sister-in-law was attempting to pull out of a space.

 

The Police were called, but as it was a none injury, and no damage to other property, they did not attend. Although the sister-in-law did attend at the local Police station to attempt to report it, but again because it is "a none reportable road accident" all they did was add a few lines to an incident report.

 

Insurance company authorised repair of the car and use of a hire car later that day.

 

So here's the issue, the other party is now contesting the blame of the crash, and both insurance companies are wanting a 50/50 split, resulting in loss of no claims bonus etc.

 

The thing is, the incident was captured on CCTV at the local shop, should the Police have attended the crash, then that CCTV would have shown the incident and who was at fault.

 

The other party waited for just over a month from the collision to contest liability, which surpisingly is the maximum period CCTV footage should be kept for unless required as evidence (I know as I work in that field).

 

The insurance company were informed about the availability of the CCTV camera footage in the initial call to them and in subsequent calls. They failed to arrange for this footage to be retained, or instruct my sister-in-law to request the footage herself.

 

Now there's also the matter of the insurance company stating that they could not ask the Police to provide access to the incident report as this is 'Data Protected' nor could they request a transcript of the other party's call to their insurance company for the same issue.

 

I don't think that's right, surely the information of both these records would be disclosable??

 

I think the Insurance company has messed up.

 

Anyway we would appreciate any help or advice on this, before going down the line of writing to the Ombudsman

 

thanks in advance

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Sorry but this will go down as a 50/50 and there is b*gger all that can be done about it. Shame that the other driver was not asked to write a statement accepting liability at the scene of the accident and to sign/date it. Lesson is to keep a notepad and pen in the car. Also take photos and check for any CCTV. It would be the responsibility of those captured on any CCTV footage to make a Data Pro SAR request, before it is destroyed. Although CCTV is usually only kept for 30 days, depending on the type of shop it may be kept for 6 months. Worth asking the shop just in case.

 

Very annoying, but many drivers who admit liability at the scene of an accident change their mind. As both cars were moving at the time of the accident, it will be considered a 50/50, unless there is any proof (CCTV, independent witnesses ) to the contrary.

 

I can't see that the Insurers have done anything wrong here, so it would be a complete waste of time going to the FOS. The accident was not reportable to the Police and no incident report is likely to be held, as there was no personal injury. There is no way your Insurers could ask the other Insurers for access to a third parties data.

 

If you relative is really bothered, they should see a solicitor for advice and be willing to risk their money on taking the third party to court.


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Thanks, the thing is there is an incident report - not a road accident report, the other party called the Police and there was an incident report created. Access to this incident report may show that she had accepted liability at the time of collision, and the transcript of the call to her insurance company may show acceptance of liability.

 

Surely the insurance companies exchange this information as a matter of course - if not, most claims would be 50/50??

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Thanks, the thing is there is an incident report - not a road accident report, the other party called the Police and there was an incident report created. Access to this incident report may show that she had accepted liability at the time of collision, and the transcript of the call to her insurance company may show acceptance of liability.

 

Surely the insurance companies exchange this information as a matter of course - if not, most claims would be 50/50??

 

Many claims are decided as 50/50, unless fault is obvious. Insurers only obtain the basic info. They deal with hundreds of new claims on a daily basis, so don't spend too much time mucking around. It is only for very large value claims, which would go to court, that they would spend time and money getting holding of all information.

 

The Police may have recorded the accident that was reported to them out of politeness, not wanting to offend anyone. As no injury was involved, they won't get involved in making out any report as such.


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Thanks, the thing is there is an incident report - not a road accident report, the other party called the Police and there was an incident report created. Access to this incident report may show that she had accepted liability at the time of collision, and the transcript of the call to her insurance company may show acceptance of liability.

 

Surely the insurance companies exchange this information as a matter of course - if not, most claims would be 50/50??

 

 

 

It sounds like 50/50 is the correct outcome based on the very limited facts.

 

As for the third party's conversation with their insurer, this is privilaged and not discloseable.

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Ask the store for a copy of the CCTV as a subject access request under the Data Protection Act. If they no longer have it ask them for a copy of their registration with the ICO and copiy of their policy of destruction of data held. They will probably have a deeper dig for the footage then.

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