Motor Insurance Claim, Advice required.

[Diyisfun]

September 06 my car was hit whilst parked adjacent to my house. I was indoors heard the crash looked out saw there had been a crash. The car that caused damage drove off without stopping. I did not realise at first that my car had been hit. (My car was the only vehicle damaged & the repair estimate is about £500). There were 3 independent witnesses, they all took details. I called my insurance company to report it & went to the police as the driver had failed to stop & give details.

There has been much correspondents with the insurance company, & there last line is the witnesses did not agree on the age of the driver & the insured person of the vehicle was a lot older than that stated by the witnesses.

I of course wrote back & said that it is not possible to judge an age through a windscreen within a few seconds.

I have today received a letter from the police, stating that they had successfully prosecuted the owner of the vehicle for failing to disclose the name of the driver (£200 fine plus 3 points).

My insurance company do not want to pay up (The other car is insured with Tesco, I am in insured with Churchill, Tesco is part of Churchill).

I am thinking that maybe I could take the owner of the car to court for damages to my car.

What do you folk think.

 

[securespark]

I can't see the problem.

Advise your insurance company of the successful prosecution, and ask them why it is not possible for them to now proceed to a recouperation of their losses.

 

[Diyisfun]

I have done that sent them a copy of the letter.
But, It is the person that is insured not the car.
I have said if the car had fully comp. for any driver then whats the problem (it was an old car, so chances of fully comnp, slim).
My guess & the insurance co agree with me that the person driving was either banned or had no insurance, dont think drink was involved as it was about 5pm.

 

[megawatt]

Who are they going to recoup their losses from SecureSpark?

 

[JohnD]

I had something similar, wrote to the insurers and the other driver to say they had had plenty of time and i was not waiting any longer, and I intended to use the Small Claims court unless they paid up within a further 14 days.

they paid up.

I had the forms for the Small Claims Court and had started making them out, but i understand you can do it online now. was pretty easy.

n.b. if you threaten to do something, e.g. in 14 days, don't back down or you will never be taken seriously again.

 

[bernardgreen]

There is ( or used to be ) a fund that paid out claims to innocent victims of ni insured drivers. Sorry but I cannot remember what it was called or the conditions that had to be met for it to pay out.

Citizens advice bureau should have the details if it still exists.

 

[Diyisfun]

I had something similar, wrote to the insurers and the other driver to say they had had plenty of time and i was not waiting any longer, and I intended to use the Small Claims court unless they paid up within a further 14 days.

they paid up.

I had the forms for the Small Claims Court and had started making them out, but i understand you can do it online now. was pretty easy.

n.b. if you threaten to do something, e.g. in 14 days, don't back down or you will never be taken seriously again.

John, The problem I have is I dont know the driver, that was the sort of way I was thinking.

Edit
John Re on line claim, just looked through it looks quite simple, might be worth taking a chance & spending a few ££. I will wait for the insurance company to write back to me.
I think I will only be able to make the claim against the owner of the other vehicle.

 

[BoxBasher]

Sorry but I cannot remember what it was called

MIB - Motor Insurance Bureau

 

[Diyisfun]

Thanks for that Im looking into it now

 

[rocky_raccoon]

The MIB will not pay as they are the fund of last resort ie if there is no other insurance cover in force.

Tesco have an obligation under the Road Traffic Act to settle your claim as they are the insurer's of the other car.

 

[Softus]

My insurance company do not want to pay up (The other car is insured with Tesco, I am in insured with Churchill, Tesco is part of Churchill).

If your policy is comprehensive, then I believe your insurance company has no choice but to indemnify you and pay for your car repairs.

I am thinking that maybe I could take the owner of the car to court for damages to my car.

The owner of the car is not responsible for that damage.

The MIB will not pay as they are the fund of last resort ie if there is no other insurance cover in force.

They will pay for the uninsured losses because there is no other policy covering those.

Tesco have an obligation under the Road Traffic Act to settle your claim as they are the insurer's of the other car.

They are only the insurer if the driver at the time was covered under the policy. Since there is no evidence that the driver was covered, Tesco is not liable.

 

[Bahco]

MIB will only pay IF the driver of the offending vehicle is caught and found to have no insurance.

There is a hefty excess though. It used to be £175 IN 1989

 

[Softus]

MIB will only pay IF the driver of the offending vehicle is caught and found to have no insurance.

MIB was established in 1946 as a private company limited by guarantee for the purpose of entering into Agreements with the Government to compensate the victims of negligent uninsured and untraced motorists.

Or were you thinking of the other MIB?

 

[Bahco]

MIB will only pay IF the driver of the offending vehicle is caught and found to have no insurance.

That was my experience. I was the victim of a hit and run and contacted the MIB on the advice of the police with a view to being compensated. I had a lovely standard letter saying that as the driver was not traced, they would not be able to help me

I spotted him a few months later and the police arrested him in the pub and I got my cash

 

[Diyisfun]

My insurance company do not want to pay up (The other car is insured with Tesco, I am in insured with Churchill, Tesco is part of Churchill).

If your policy is comprehensive, then I believe your insurance company has no choice but to indemnify you and pay for your car repairs.

I am fully comp, but do want to claim on my insurance if it cannot be claimed back. Yes I have no claims protection, for what that is worth.

I have contacted the AA, they have replied that they will look into it.