£rd Party insurer taking tooooo long

[NisarKhan]

A lady reversed into my parked car causing considerable damage to front bumper & near side wing. She apologized at the scene which a witness overheard. I went through my own insurer who put me in touch of Accident Management Company. My car was deemed a CAT C total loss. The accident report was submitted to the 3rd party insurance who 1 month later are unable to get in touch with their client. I am left with out a car or without liability being admitted. Where does that leave me ?? I was insured 3rd party fire & theft so my insurer has told me to contact accident management company, who in turn tell me they have nothing to do with it now as no hire car was given due to total loss.

 

Please help I want to settle this asap because im buggered without a car

[renegadeimp]

tell your insurers to get their arses in gear. it's what you pay them for.

[goodatresearch]

3rd party only covers you when your at fault. It won't help you when your the blameless driver. The OP will have to pursue the other sides

Insurance company themselves. Can't really understand the CMC though, this happened to my husband and his CMC were very efficient in obtaining compensation. How long have the other sides insurance been trying to get in touch with their client, has she told them about the accident because I think your suppose to.

 

 

 

 

tell your insurers to get their arses in gear. it's what you pay them for.

[NisarKhan]

Hi it's been over 3 weeks they apparently sent an investigator out to her hse but to no avail. I'm really getting annoyed because they won't even give me a decent quote on loss of use. I had a Mercedes c220 Cdi on a 53 plate so was hoping for £20 plus per day as loss of use. But as they cannot get through to their client they won't agree a sum

[reallymadwoman]

Have you tried contacting her yourself? An irate (but obviously polite and properly behaved) innocent driver on the doorstep might persuade her to sort this out.

 

You should be aware that no matter how long the other side take to pay, you can only claim loss of use for a reasonable time, i.e. long enough for you to reasonably find and purchase a replacement vehicle. The law cares not if you can't afford to do so until they pay out. The amount will also be calculated to reflect your actual losses - old banger or Ferrari also matters not.

[NisarKhan]

Thank you reallymadwoman for the advise but at the scene of the accident she refused to give me any details, & whilst I was taking pictures of her car & mine she tried to reverse into on two occasions. I have reported her to the Police for this. as for her insurance they wont give me any details due to Data Protection. My nephew works for a well known insurer as a fraud investigator he tells me to be patient but like I said previously I'm buggered without a car

[unclebulgaria67]

Think I would threaten the 3rd party insurers with a letter before action, stating your intention to issue a court claim against them and their policyholder. Ask them to send a copy of the letter to their policyholder.

 

Explain your position in the letter and that you will not let the matter drag on for much longer.

 

Even with this, it is going to take awhile. But the letter might get a reaction.

[renegadeimp]

Thank you reallymadwoman for the advise but at the scene of the accident she refused to give me any details, & whilst I was taking pictures of her car & mine she tried to reverse into on two occasions. I have reported her to the Police for this. as for her insurance they wont give me any details due to Data Protection. My nephew works for a well known insurer as a fraud investigator he tells me to be patient but like I said previously I'm buggered without a car

 

So if you gave the details to the police, surely they can check up and get things rolling. Orr your solicitor can ask them for info.

[NisarKhan]

Thank you folks for the advise me thinks the stern letter might push them...I've also heard that some insurers payout on a without prejudice basis so I'm also going to look into this as well.

I've told them that there is a independent witness but they will wont commit

[dacouc]

It sounds like either the other driver is purposely ignoring her Insurers or was not a covered driver by the policy.

 

If they were not a covered driver, it tends to delay the claim while the Insurers investigate the full circumstances

[king12345]

It happened to us in march.

My advice is to get rid of the Cmc in writing and find a no win no fee solicitor.

It won't be easy because they don't earn much out of car damage, but if you're lucky and find one they will get the ball rolling.

Otherwise you could write to the insurance and give them notice before starting legal proceedings

[NisarKhan]

Thank you KING12345 for the advise I'm going to give them 1 final chance to settle the claim if not I'll either instruct solicitor or issue a claim via County Court.

[Ganymede]

Thank you KING12345 for the advise I'm going to give them 1 final chance to settle the claim if not I'll either instruct solicitor or issue a claim via County Court.

 

This is likely to be a small claim if the value is less than £10k and there are no injuries involved.

 

If that is the case then you'll have to issue the Court claim yourself as a solicitor is not going to touch it as they won't get paid for it unless you pay on a private basis but you still can't claim the legal fees back.