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Advice Needed (Car Accident)







bWize

Well-known member
Nov 6, 2007
1,685
Update on car situation...

Made a full Police report on Monday and contacted my insurance. I showed the Police photos of damage to my car and a google map printout of the scene illustrating the direction each vehicle was traveling. The Police lady agreed there is no possible way I could have been at fault! Unfortunately the owner of the vehicle has still not contacted his insurance company or notified the police of any incident, which has left me in limbo. The other drivers insurance company (seems his vehicle was insured) refuse to accept liability even though they cannot make contact with him (Even though he left scene of accident, had no MOT or reported incident to the police)

My insurance are now basically having a "It's not our problem" attitude as I am only insured third party fire & theft and there has been no incoming claim to them. To make things even more frustrating I have to have my own MOT done by the 17th of this month, so makes sense to have repairs carried out before hand.

Any advice on where I should go from here would be appreciated!
 


edna krabappel

Well-known member
NSC Patron
Jul 7, 2003
47,230
Update on car situation...

Made a full Police report on Monday and contacted my insurance. I showed the Police photos of damage to my car and a google map printout of the scene illustrating the direction each vehicle was traveling. The Police lady agreed there is no possible way I could have been at fault! Unfortunately the owner of the vehicle has still not contacted his insurance company or notified the police of any incident, which has left me in limbo. The other drivers insurance company (seems his vehicle was insured) refuse to accept liability even though they cannot make contact with him (Even though he left scene of accident, had no MOT or reported incident to the police)

My insurance are now basically having a "It's not our problem" attitude as I am only insured third party fire & theft and there has been no incoming claim to them. To make things even more frustrating I have to have my own MOT done by the 17th of this month, so makes sense to have repairs carried out before hand.

Any advice on where I should go from here would be appreciated!


Possible you could make a claim directly against his insurer via a solicitor or one of these no-win, no-fee merchants. If your own insurer is declining to get involved on the basis that they evidently won't be receiving a claim from him, then that would appear to be your only option (he may end up being prosecuted regardless, but any fine or penalty the court levies is unlikely to get anywhere near covering your costs.

Unfortunate hazard of third party only cover, I'm afraid: the insurers lose interest as soon as it becomes apparent that it's not going to cost them.
 


StonehamPark

#Brighton-Nil
Oct 30, 2010
9,808
BC, Canada
Update on car situation...

My insurance are now basically having a "It's not our problem" attitude as I am only insured third party fire & theft and there has been no incoming claim to them.

Any advice on where I should go from here would be appreciated!

Possible you could make a claim directly against his insurer via a solicitor or one of these no-win, no-fee merchants.

Do that. ^

Just be wary as to which firm you use and don't get dragged into claiming for injury if there was none, no matter how hard the fee earners push you.
 


drew

Drew
Oct 3, 2006
23,082
Burgess Hill
Possible you could make a claim directly against his insurer via a solicitor or one of these no-win, no-fee merchants. If your own insurer is declining to get involved on the basis that they evidently won't be receiving a claim from him, then that would appear to be your only option (he may end up being prosecuted regardless, but any fine or penalty the court levies is unlikely to get anywhere near covering your costs.

Unfortunate hazard of third party only cover, I'm afraid: the insurers lose interest as soon as it becomes apparent that it's not going to cost them.

I suspect from a legal point of view the claim would have to be against the driver in the first instance. Presumably you have, or can get, the address.
 




Shropshire Seagull

Well-known member
Nov 5, 2004
8,535
Telford
if you could SMELL drink on him he would have been well over.....!!

On my way home from work, back in the 80's going down to Old Boat Corner from Ditchling Beacon in my Datsun Sunny. Had earlier bought two bottles of cider as going to a party later. Had a tyre blow-out [honest] and car went sideways through the fence and rolled over into the sheep field. In doing so, at least one of the bottles smashed over my head and soaked me in cider. Fortunately I was unhurt but when the OB turned up and sat me in the back of their car the first question was "how many you had lad?"

Time was on my side as it was about 6pm but they still insisted on breathalysing me. Came up clear.

So when you smell drink on someone never assume they "are well over" - innocent until proven guilty ....
 


Shropshire Seagull

Well-known member
Nov 5, 2004
8,535
Telford
I suspect from a legal point of view the claim would have to be against the driver in the first instance. Presumably you have, or can get, the address.

Indeed this, it is always a claim against the driver for negligence aka blame - if you can get his address, brilliant.
Get two estimates for the repairs and send them to him recorded delivery asking for a response within 14 days of his intended actions.
He may chose to a) dispute his negligence [gets messy] b) send on to his insurers to deal, or c) settle himself.

Best ask Edna but I'm not sure if the police will provide you with an address for a registered keeper from the reg number - there's also no guarantees that the registered keeper was also the driver at the time and another can of worms if the keeper says it wasn't him but won't tell you who it was.

Pain in the ar$e - best of luck ....
 


KingstonSeagull

New member
May 1, 2013
2,185
Shoreditch
On my way home from work, back in the 80's going down to Old Boat Corner from Ditchling Beacon in my Datsun Sunny. Had earlier bought two bottles of cider as going to a party later. Had a tyre blow-out [honest] and car went sideways through the fence and rolled over into the sheep field. In doing so, at least one of the bottles smashed over my head and soaked me in cider. Fortunately I was unhurt but when the OB turned up and sat me in the back of their car the first question was "how many you had lad?"

Time was on my side as it was about 6pm but they still insisted on breathalysing me. Came up clear.

So when you smell drink on someone never assume they "are well over" - innocent until proven guilty ....

I worked in a bar whilst at uni and driving home having drunk nothing, the police pull me over and are adament that I had been on the raz as I stank of booze the police man was so annoyed that he couldn't get me on that, that he got me because I had my fog lights on despite the fact it had been foggy where I had just come from and forgotten to turn them off.. £80 fine for improper use of lamps.... Scumbag
 




drew

Drew
Oct 3, 2006
23,082
Burgess Hill
Indeed this, it is always a claim against the driver for negligence aka blame - if you can get his address, brilliant.
Get two estimates for the repairs and send them to him recorded delivery asking for a response within 14 days of his intended actions.
He may chose to a) dispute his negligence [gets messy] b) send on to his insurers to deal, or c) settle himself.

Best ask Edna but I'm not sure if the police will provide you with an address for a registered keeper from the reg number - there's also no guarantees that the registered keeper was also the driver at the time and another can of worms if the keeper says it wasn't him but won't tell you who it was.

Pain in the ar$e - best of luck ....

I believe that if you have bonafide reason then you can pay DVLA for the information.

https://www.gov.uk/request-information-from-dvla
 


Garage_Doors

Originally the Swankers
Jun 28, 2008
11,789
Brighton
Indeed this, it is always a claim against the driver for negligence aka blame - if you can get his address, brilliant.
Get two estimates for the repairs and send them to him recorded delivery asking for a response within 14 days of his intended actions.
He may chose to a) dispute his negligence [gets messy] b) send on to his insurers to deal, or c) settle himself.

Best ask Edna but I'm not sure if the police will provide you with an address for a registered keeper from the reg number - there's also no guarantees that the registered keeper was also the driver at the time and another can of worms if the keeper says it wasn't him but won't tell you who it was.

Pain in the ar$e - best of luck ....

Good advice but what would happen if he added d) Just ignore it and not respond, what can the OP do then?
 


D

Deleted User X18H

Guest
Update on car situation...

Made a full Police report on Monday and contacted my insurance. I showed the Police photos of damage to my car and a google map printout of the scene illustrating the direction each vehicle was traveling. The Police lady agreed there is no possible way I could have been at fault! Unfortunately the owner of the vehicle has still not contacted his insurance company or notified the police of any incident, which has left me in limbo. The other drivers insurance company (seems his vehicle was insured) refuse to accept liability even though they cannot make contact with him (Even though he left scene of accident, had no MOT or reported incident to the police)

My insurance are now basically having a "It's not our problem" attitude as I am only insured third party fire & theft and there has been no incoming claim to them. To make things even more frustrating I have to have my own MOT done by the 17th of this month, so makes sense to have repairs carried out before hand.

Any advice on where I should go from here would be appreciated!
Hang on hang on hang on ! You're only TPFT the other driver hasn't reported a claim. What do you want your insurer to do then? No theft . No fire , lightening or explosion (the perils you are covered for ) no claim made so far for which you may be liable. What are you're other uninsured losses ? You are not covered for damage, you made that choice unless the other insurers conclude their ' liability is not in dispute' the only option you have is to pursue the driver for your uninsured loss ( repairs) Jolly good luck with that .

I'd take it on the old chin pal .
 




studio150

Well-known member
Jul 30, 2011
29,679
On the Border
I suspect from a legal point of view the claim would have to be against the driver in the first instance. Presumably you have, or can get, the address.

No due to EU legislation you have a right to claim directly from the third party insurers rather than first claiming against the driver.
 


sydney

tinky ****in winky
Jul 11, 2003
17,759
town full of eejits
On my way home from work, back in the 80's going down to Old Boat Corner from Ditchling Beacon in my Datsun Sunny. Had earlier bought two bottles of cider as going to a party later. Had a tyre blow-out [honest] and car went sideways through the fence and rolled over into the sheep field. In doing so, at least one of the bottles smashed over my head and soaked me in cider. Fortunately I was unhurt but when the OB turned up and sat me in the back of their car the first question was "how many you had lad?"

Time was on my side as it was about 6pm but they still insisted on breathalysing me. Came up clear.

So when you smell drink on someone never assume they "are well over" - innocent until proven guilty ....

right ho mate.....:thumbsup: no one has mentioned a car on it's roof yet regarding this incident...!!
 


Sheebo

Well-known member
Jul 13, 2003
29,303
On my way home from work, back in the 80's going down to Old Boat Corner from Ditchling Beacon in my Datsun Sunny. Had earlier bought two bottles of cider as going to a party later. Had a tyre blow-out [honest] and car went sideways through the fence and rolled over into the sheep field. In doing so, at least one of the bottles smashed over my head and soaked me in cider. Fortunately I was unhurt but when the OB turned up and sat me in the back of their car the first question was "how many you had lad?"

Time was on my side as it was about 6pm but they still insisted on breathalysing me. Came up clear.

So when you smell drink on someone never assume they "are well over" - innocent until proven guilty ....

As you were seemingly unhurt, can we put this down as a very fun story? :lol:
 






Sheebo

Well-known member
Jul 13, 2003
29,303


GT49er

Well-known member
Feb 1, 2009
46,906
Gloucester
Have seen similar threads on here in the past and wondering if the fine folk of NSC can advise me on an car I incident was involved in this evening.

I was traveling across a roundabout whilst dropping off a friend with no other traffic in view. A car suddenly comes from the left and pulls directly infront of me without even looking. I manage to do damage limitations, break and minimize the impact. I end up hitting him in the side denting up his panels and he has completely mangled my passenger side wing/bumper. After both stopping he stumbles out (he's around 65 years old and had obviously had a drink) and had his wife in the passenger seat who just sat silently. I asked for us to swap insurance details and he mumbles he doesn't have any insurance and just drives off!

Managed to get his numberplate and car on mobile phone camera before-hand. I phoned 101 within 5 minutes after the accident and made a police report but I'm wondering where I stand in all this? Will I get paid out even though he has no insurance? Will I lose my no claims if I have to claim myself?

Thanks for any help on this.

In all seriousness, good luck with this - but I am a tad worried by the fact that you were travelling across the roundabout. Always go round 'em myself - done thing, don't you know .................
 






StonehamPark

#Brighton-Nil
Oct 30, 2010
9,808
BC, Canada
My point was about smelling of booze but not being drunk- challenging the assertion made earlier
?

Yes because most drivers who stink of booze after a crash have most likely taken a tumble and a bottle of pinot grigio has unfortunately poured itself all over the driver in the process.

I'll keep an eye out for that excuse at work. It's a new one for me.
 


Paul Reids Sock

Well-known member
Nov 3, 2004
4,458
Paul Reids boot
Yes because most drivers who stink of booze after a crash have most likely taken a tumble and a bottle of pinot grigio has unfortunately poured itself all over the driver in the process.

I'll keep an eye out for that excuse at work. It's a new one for me.

To be fair, I went out for a Christmas meal and left my jumper on the back of my chair. I came back to the table and one of my mates had managed to drop a glass of wine off a tray and predominantly onto my jumper.

I didn't drink as was driving but was a little worried that my car stank of red wine on the drive home and if I had been stopped it would have appeared I had been drinking.

Weirdly, despite it being 19th December, I drove from Bromley to Reading and didn't see a single Police car despite being 11:30pm
 


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