Car accident & third party no response!

[Charlie2015]

Hi everyone,

I met an accident in mid April 2015. It was a van who hit me from right. It was at a very busy roundabout. There was a police patrol car and motorbike (waiting for someone else may be!) a few hundreds yards from our accident scene. I walked up to the police and informed them that my car was hit by a van. The police did not get down from their vehicle and instructed me to exchange our details ( so there is no police reference number or anything). I took driver's detail ( he wrote on a piece of paper his name, ph number which he said some company he worked for and its number).

I gave mine too.

 

My car' is a SUV and the drivers door is damaged but I could still drive so I drove it to a safe location and informed my insurance about it.

Some days later on, I contacted my insurance about the update.

I was informed that my insurance has forwarded my allegation/claim to third party's insurance. And there was no response from that side. I waited some weeks and contacted my insurance again they said third party has not responded.

 

It has been 2 months and 20 days and they still say no response from third party.

It has been learnt that we are insured with same company ( mine is personal/ private and that van is in business insurance with same one.

I have not repaired the car yet and left it on the driveway and driving family car.

 

1) how long do I have to wait?

2) we are told that no mater the fault , we should inform our insurer asap but how come that guy can get away for three months without informing his insurer??

3) my renewal for insurance was last month. I had 2 years no claim discount and I had paid 1200 pound last year but this year it went up to 3000 and been told that I can not claim no claim discount ! I am now on a compulsory access of 3000! It is very very expensive ! Can I not insure my car rather and just park it on the drive way???

4) this guy has got a old van and that accident did not do any damage to that van.

 

Please help me where do I stand ???

Edited July 12, 2015 by Conniff

[Astronaughtwannabe]

First question is how the van came to hit your driver's door?

 

Secondly, write a letter of complaint to your insurer putting them on notice that they've had enough time and that if they don't propose to deal with it in a more timely fashion, then you want a deadlock letter that you can take to the Ombudsman.

[Conniff]

As I see it, if there has been no response from the third party, there has been no claim so what is the reason they are increasing your premium. If they claim you have lost your no claim, then they must have the paperwork to prove it and are just messing you around.

 

The above is very sound advice and you should go with it.

 

Can you name your insurance company please ?

and why have you renewed with them ?

[unclebulgaria67]

As I see it, if there has been no response from the third party, there has been no claim so what is the reason they are increasing your premium. If they claim you have lost your no claim, then they must have the paperwork to prove it and are just messing you around.

 

The above is very sound advice and you should go with it.

 

Can you name your insurance company please ?

and why have you renewed with them ?

 

Once you register a claim, the Insurers then have the chance of the third party making a claim, even if the OP does not make a claim for damage to their own car. We only have one side of the story. Perhaps the van was damaged or the van driver suffered a personal injury.

 

If the third party is not responding, i would question what the Insurers are doing. Perhaps they should be writing to say that they will be held at fault for the accident, based on the information received from the other driver. Plus state what the consequences are of not reporting the accident to Insurers. Then once the relevant deadline has passed, they deal with the claim properly, car gets repaired and they claim back the claim costs against the van policy, with no claims discount reinstated on the OP's policy.

[Charlie2015]

First question is how the van came to hit your driver's door?

 

Secondly, write a letter of complaint to your insurer putting them on notice that they've had enough time and that if they don't propose to deal with it in a more timely fashion, then you want a deadlock letter that you can take to the Ombudsman.

 

Hi, thanks for your suggestion. It was a flyover roundabout and he was cutting from right lane to left lane with high speed as there was red traffic light just in front of us. He hit me then as I stopped there became a gap in front of me in my lane. He even hit a car infront of me on the back too but probably no damage to that car. He just spoke to van driver, checked his car and left the scene.

[Conniff]

Did you get any details of the other driver or his reg number ?

[Charlie2015]

As I see it, if there has been no response from the third party, there has been no claim so what is the reason they are increasing your premium. If they claim you have lost your no claim, then they must have the paperwork to prove it and are just messing you around.

 

The above is very sound advice and you should go with it.

 

Can you name your insurance company please ?

and why have you renewed with them ?

Hi, yes absolutely right. As the third party has not made any claim or not even responded to our allegations until 2 months 20 days of the accident. How come I am losing my no claim discount? My claim is just an information to them , even there is no monetary claim or no repair done to my car.

That guy who has not reported an accident to his insurance and even not responded to an allegation made for such a long time. He is enjoying and is violating the law but I am paying for the consequences of the accident.

Punishment for being a good citizen.

It is swiftcover car insurance.

I did not renew with them though but I was told to mention my accident as my fault and do not claim no claim bonus so even other insurance company has asked me for 3000 pound compulsory access to renew the policy.

[Charlie2015]

Did you get any details of the other driver or his reg number ?

 

Yes, he have me his name, phone number and name of company he worked for.

I passed the information along with the registration and other details of the van to my insurance. They told me that the van had business insurance with my insurer too

[Charlie2015]

Sorry ! He has given me his name etc on a piece of paper

[Charlie2015]

Sorry ! Forgot to mention !

My insurance told me that we will have to wait until 3 months before any decisions are made (another 10 days now) !

If there is still no response for three months ! Then there would be a court case etc ! I do not understand what is right or wrong !

So much confused !

[Astronaughtwannabe]

If that's what they have said then it sound reasonable to write and tell them that they had better stick to it.

 

3 months to you & I is a long time but insurers are known to be still settling claims that began just after the pyramids were being built (ok slight exaggeration but you know what I mean)

[Charlie2015]

Do I still need to pay for increased insurance premium?

1) it is not my fault at all

2) third party is not making any claim ( not even responding !)

3) why and how should I lose my no claim discount and my insurance premium is increased???

[Astronaughtwannabe]

You will have to suck up the loss of no claims until it's recovered off the other side. It's a 'no claims' bonus/reduction but you've made a claim!

 

Although you've lost out financially, it's recoverable off the other party, assuming it's settled in your favour.

[Charlie2015]

Thanks everybody for your suggestions !

Last not the least ;

Are you aware of 3 months time frame been informed by my insurance??

Do we have to really wait for three months? What exactly happens just after 3 months when third party fails to respond?

[Conniff]

What exactly happens just after 3 months when third party fails to respond?

 

They'll probably come back and say you are now out of time and there is nothing we can do. [attempt at humour].

[unclebulgaria67]

Thanks everybody for your suggestions !

Last not the least ;

Are you aware of 3 months time frame been informed by my insurance??

Do we have to really wait for three months? What exactly happens just after 3 months when third party fails to respond?

 

They have obviously written out to the third party and the 3 months is to allow them plenty of time to respond. If they don't hear from them, it should be a non fault claim on your record, your car repair cost is charged to the third parties policy and your NCD is reinstated.

[Ganymede]

Thanks everybody for your suggestions !

Last not the least ;

Are you aware of 3 months time frame been informed by my insurance??

Do we have to really wait for three months? What exactly happens just after 3 months when third party fails to respond?

 

The 3 months referred to is the investigation period allowed by the pre action protocol. This must be complied with before any Court proceedings can be issued.

[Charlie2015]

Thanks,

So there will be court proceedings too ! Then this guy may turn up and further delay the process then

[Ganymede]

Thanks,

So there will be court proceedings too ! Then this guy may turn up and further delay the process then

 

Maybe. Maybe not.