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Not accepting liabilty and only 3rd party insurance

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Hi,

 

I had an accident last night that 100% was not my fault.

 

I was driving along a main road and a car coming toward me tried to turn onto a side road and smashed into the drivers side of my car, he claimed he believed I was also turning down this road.

 

To complicate matters further I was driving my partners car but under my own insurance so was only covered by 3rd party insurance.

 

It looks like my car is a write off but luckily with it being a Volvo I escaped with nothing other than a stiff neck.

 

I managed to find out online who he is insured with and called them to discuss the matter and was told that the other driver is claiming that I drove into him, this is simply not true and hopefully when I get the police report in a few days this will become obvious.

 

Because I am only covered 3rd party my ins co have said that they have no interest in the case and that I have to deal with the TP on my own, this is leaving me feeling extremely vulnerable and I'm not sure how to proceed.

 

Should I wait for the police report then get back in touch with his insurers?

 

Also, the car is in storage just now and is attracting daily charges, the storage company will hold the car for 21 days before contacting me about it.

 

I've never had to make a claim before, who decides if the car is indeed beyond repair? Who instructs / pays for this?

 

Any help or advice much appreciated.

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Be careful driving other vehicles using your own insurance as very often the intention of the cover is not to allow you just to jump into any vehicle and drive it. The intention is for it to be used in an emergency e.g. if your partner was driving her vehicle and taken ill and you needed to drive the vehicle as your partner was too ill to drive. Check your policy wording to see if there are any restrictions on the cover provided. Reason I mention this is that you may have to fill out an accident report form for your insurers if the third party do try and claim against you. You may have to make careful consideration of the reason you were driving the vehicle on the form else it might get repudiated straight away.

 

With regard to claiming from the TP, do you have any legal expenses cover with your own insurance. If you do then I would suggest giving them a call.

 

To do a claim yourself, you need to be able to quantify an amount that you are claiming for. If you believe that it will be written off then you should get a qualified engineers report (could the place where it is stored produce one?) which you probably will have to pay for. You would then need to send a copy initially to the third party with a pro forma invoice for the amount you are claiming. Give them a reasonable time to settle (say 14 days) and advise them that unless it is paid within the time limit you will be taking court action.

 

Only say it if you mean it and if its not paid within 14 days, go to money claim online so that a summons is issued.

 

The TP should pass it to their insurers to deal with. The insurers will try and fob you off but take none of it. Be firm, give them a time limit to settle and if they don't, get a summons issued.

 

There really is no point in phoning the TP insurers or getting involved with letter ping pong as unless there is a threat of legal action, they will just string you along indefinitely.

 

If you are not confident in doing it yourself then you will need to get a solicitor to deal with it.

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Why were you not a named driver on your partners Insurance ?

 

As has been pointed out, the driving other cars extension on your own Insurance certificate is only for third party cover and Insurers are awkward about paying out on it.

 

I bet that the third party will be claiming injury and that this will drag on for months. The Police report may be inconclusive about fault. The Insurers may decide on a 50/50 and this may cause more delay, as both drivers argue against this.

 

If I were you and incurring daily storage charges, I would get the car back on your driveway or somewhere else asap. Obtain an engineers report as to the work that needs to be done. If you have a good local garage that have room to keep the car (free or cheap storage) and do a report, then this may be worth it. If you end up being partly or wholly at fault, you will have a damaged car that you have to spend money on yourself. You will have some of these storage charges to deal with.

 

If you don't have any legal expenses cover, you may struggle to get a no win no fee company to take it on, unless you have personal injuries and there is a reasonable chance of success. Perhaps wait for the Police report to see what it says first.

 

If you receive any communication from the third party or Insurers about the accident, you must send these onto your own Insurers, without getting involved. It is up to the Insurers providing the third party cover to decide on issues of liability to third parties. But keep copies of any papers received for your own information.


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Thanks for the replies.

 

I realise that not being on my partners insurance and using my own as only 3rd party is not ideal but I have only driven it twice in the last year and a half and am aware of the risks should I be at fault in an accident. I am 100% certain that I am totally blameless in this instance and will go to court if necessary to prove this.

 

I guess I'll need to wait for the police report to see what that says then take it from there.

 

Unfortunately I don't have legal expenses cover so I reckon this will be an expensive and long drawn out process.

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you dont have to wait for police report.

Just write to the TP stating he was responsable for the damage and will inform of the costs shortly with a copy to his insurers.

then when you have all the info. costs and out of pocket expenses, even a hire car if you need one, forward that.

his insurers should send you out a claim form etc. where you stae fully waht happened.

photos of the damage would help to clarify who hit who.

did you take any photos at the time, always usefull ( phone )

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Thanks for the reply raydetinu.

 

I have got letters ready to post to the TP and their insurers stating that I hold him entirely responsible and will be claiming for my losses with a brief description of what happened.

If they accept liability then all's well, I haven't hired a car as I need to be certain that they will pay for it which is my big concern right now as my partner really needs a car for work.

No photos taken at the time but now have photos of the section of road where the accident took place and I also have photos of the damage to both cars.

I am confident that these photos show that the other driver is entirely at fault but reading up on "no witness" accidents has left me less than confident about the outcome.

 

caz

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You don't need to wait for anything.

 

Google First Personal Injury, Injury Lawyers for You or National accident helpline etc etc and get a solicitors to deal with it. Why should you go through the hassle?!

 

The solicitor will be able to get the car inspected by an independant engineer to give you a fair price and deal with compensation for your neck injury.

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You don't need to wait for anything.

 

Google First Personal Injury, Injury Lawyers for You or National accident helpline etc etc and get a solicitors to deal with it. Why should you go through the hassle?!

 

The solicitor will be able to get the car inspected by an independant engineer to give you a fair price and deal with compensation for your neck injury.

 

That's probably the route I'll be taking but I'm thinking that they won't touch it without liability being admitted.

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I'm thinking that they won't touch it without liability being admitted.

 

 

 

 

Not true at all.

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Not true at all.

 

Thanks for the advice, will call them in the morning and see what they say.

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Good news this morning (I think).

 

As the other driver is denying liability my insurance company are now taking control of the case.

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they will have to get involved, as TP is trying to claim off you for his damage but that wont help you with yours!, suggest you still proceed with your letters to TP and his insurers.

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they will have to get involved, as TP is trying to claim off you for his damage but that wont help you with yours!, suggest you still proceed with your letters to TP and his insurers.

 

Letters posted recorded delivery today.

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So, I'm hoping this is good news!!

 

Accident claim management company after hearing the details of the case and seeing the evidence are willing to take this on at no fee. (they claim their costs from the 3rd party)

 

They are going to pay the recovery company the towing and storage costs and pick the car up from them and take to one of their affiliated garages.

They will arrange an engineer to assess the damage and claim for this from the 3rd party.

They will have a car of similar spec to my Volvo delivered to the house within the next 24 hours.

 

They seem a reputable company, called Complete Accident Solutions.

 

Anybody see any drawbacks to this?

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Yep, if they are not succesful, they wont charge a fee, but you wll stuck with hire charge for car!

no doubt you will have to sign for car and be responsable for payment.

be very careful in what you sign up to!

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Yep, if they are not succesful, they wont charge a fee, but you wll stuck with hire charge for car!

no doubt you will have to sign for car and be responsable for payment.

be very careful in what you sign up to!

 

Agree. They will get you to sign for an expensive hire car, which you will have to pay for, if they cannot reclaim these charges from the 3rd party. If you need a hire car or another car, you would be better off making other arrangements. You can probably buy an old car to get you around and Insure it on a temporary basis. You are then less at risk of a large bill being sent to you, if the the 3rd party is not found 100% liable.


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Not according to them, even if they lose the case I am not liable for any charges for the car.

 

Obviously I will be checking what I sign when they drop the car off but they assured me that it was their risk.

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Update:

 

Third party has accepted full liability :)

 

Their assessor has estimated the damage at £10,700 so car is to be written off and they have made an offer which I have accepted :)

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“The best way to not feel hopeless is to get up and do something. Don’t wait for good things to happen to you. If you go out and make some good things happen, you will fill the world with hope, you will fill yourself with hope.”

― Barack Obama

 

Well done Chief ......:wink:

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