Insurance Claim problems

S

Swismike

New Member
Apr 16, 2013
1
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0
Hi All,

I am looking for some advice,
I'll set the scene first....
Sat stationary in traffic, when the lady behind me run into the back of me. Exchanged details, she admitted she was distracted by her children. She mentioned that she would prefer that we didn't go through the insurance, (she does have insurance with Tescos) she then text later apologising again for running into the back of me. I had someone look at my car and the damage was a crease across the floor of my boot, i immediately informed my insurance company and the my vehicle has been written off. the problems start now.

The woman who caused the accident has been contacted by my insurance co. and is refusing to report it to Tesco as she believes there wasn't any damage. my insurance now has valued my car, taken the excess and the remainder of my premiums, paid me (very little) and said we have to wait until she reports it to Tescos. this can't be right as I am without a car and very unlikely to be able replace the written off vehicle with one of equal value. what can I do?
 
W

Witch consumer

Moderator
Sep 8, 2008
1,593
3
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Debtors retreat
How ridiculous, she doesn't have to report it, your insurance company should make the claim at which point Tesco write to her and she has to DENY it, at which point you take her to court and she has to commit perjury. I hope you still have that text!

Check if you have legal cover on your insurance, a solicitors letter should do it but your insurance should be acting on your behalf, thats what you pay for. As a last resort you could always go to an accident management company.
 
T

T.C

New Member
Jan 5, 2011
29
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0
Your insurance company should have sent a letter of claim to the third party holding her liable for the cause of the crash and subsequent damage.

In the letter of claim she will have been advised that she should pass on the letter to her insurers because in rear end shunts it is what is called strict liability and the other driver cannot wriggle out of it.

If she fails to notify her insurers, then she becomes personally liable.

On this basis, proceedings can then be issued against her and if judgement is awarded in your favour (which is probable) then she will have difficulty in obtaining credit or anything else.

Your insurers should do this for you and on your behalf, and in some cases the MIB can become involved as it could be treated as an uninsured or untraced claim and then they will recover the costs from the women themselves.

Speak to your insurance company, and if they are not prepared to play ball, then get yourself down to Citizens Advice, they will help you issue proceedings and then watch how the other side reacts (panic probably), but your insurers should be able to sort things out for you.
 
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