Who would've thought ..........

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Mikeg1
Posts: 495
Joined: Tue Nov 02, 2021 7:14 pm

Post by Mikeg1 »

Bob wrote: Sun Jul 03, 2022 8:04 pm An update....so that'll be a total of at least 5 months without a car. :roll:
Was liability accepted in the end Bob? The reasonable cost of appropriate alternative transport would form part of any uninsured loss claim - along with any excess etc.
Mike. West Yorks.

MY22 B4P R Design 8 sp auto, Thunder Grey with Climate, Park Assist, Android Auto, Car Protection & mudflaps, Service Plan.

Ordered 02/11/21, collected 17/11/21

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Bob
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Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

No, unfortunately the third party are not accepting liability, I'm having to wait for the Police to issue a report which I'm led to believe will be in our favour, but the way my luck is going with this incident I'm not banking on it. :roll:
I can see us having to resort to a solicitor to pursue the driver of the van.
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
Mikeg1
Posts: 495
Joined: Tue Nov 02, 2021 7:14 pm

Post by Mikeg1 »

It's sickening that people can behave like this.

Hope it works out.
Mike. West Yorks.

MY22 B4P R Design 8 sp auto, Thunder Grey with Climate, Park Assist, Android Auto, Car Protection & mudflaps, Service Plan.

Ordered 02/11/21, collected 17/11/21
Deleted User 3629

Post by Deleted User 3629 »

Sorry to come from a different angle - but our insurance tell us not to admit liability and let them sort it out - all we are obligated to do is pass on our details and let our own insurance know - and why do you need to resort to your own solicitor - or have you suffered uninsured losses - in which case if you have legal cover with your insurance, as most do, that will cover you for uninsured losses - if you have insurance, and assume you do, don't understand why your having to sort it yourself?
Mikeg1
Posts: 495
Joined: Tue Nov 02, 2021 7:14 pm

Post by Mikeg1 »

Yes. Sit there whilst the months without transport pile up. That makes sense.
Mike. West Yorks.

MY22 B4P R Design 8 sp auto, Thunder Grey with Climate, Park Assist, Android Auto, Car Protection & mudflaps, Service Plan.

Ordered 02/11/21, collected 17/11/21
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Bob
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Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

Oldie wrote: Mon Jul 04, 2022 4:39 pm Sorry to come from a different angle - but our insurance tell us not to admit liability and let them sort it out - all we are obligated to do is pass on our details and let our own insurance know - and why do you need to resort to your own solicitor - or have you suffered uninsured losses - in which case if you have legal cover with your insurance, as most do, that will cover you for uninsured losses - if you have insurance, and assume you do, don't understand why your having to sort it yourself?
I do have insurance, and legal expenses.

Unfortunately, whilst the insurance companies may state what you say, it would appear that, unless the case is cut and dried, then they have no stomach for a fight to support their client. They will just roll over and either go knock for knock or, as in our case, decide to settle without prejudice unless I can come up with further proof that the other party was at fault. We have no independent witnesses, but have some very poor video footage that I believe shows the 3rd party is at fault.

I don't want to go into any major detail here as, whilst it is unlikely they will see this, I do not want to show my hand to the 3rd party. If the Police come good, I won't have to take legal action, but if they don't and my insurance company won't fight my corner, I will not be entitled to claim uninsured losses, and my future insurance costs, for both my car and motorcycle, will be hiked up for a number of years. In short I will be out of pocket by a large sum of money due to an incident that was not my wife's fault, and could easily have been avoided if the 3rd party had been driving with more care and courtesy to other road users.

If the worst were to happen then my only recourse would be to try and use my legal cover to prove the other party was at fault. I'm not sure at this time if I can do this, if they won't take it on then I will consult a solicitor that specialises in Road Traffic Incidents to assess what the chances are of successfully suing the 3rd party directly, if they are good, then this is the avenue I will take.
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
Deleted User 3629

Post by Deleted User 3629 »

Bob - I hear what you are saying but after 30-odd years of insurance I have not experienced what you are saying - firstly, I have not known Police wanting to get involved unless someone was hurt or due to criminal activity, like an uninsured/ intoxicated driver etc - more claims than you think are knock for knock unless its without doubt - and your insurance will go up even if its not your fault, as they see it, just making a claim seems to increase your risk of another claim soon after. And as for legal action, no matter how irritating it is to be hit when your car is parked, it does happen, and unless its proved to be a deliberate act or under the influence etc, its more likely to judged as just a collision from poor judgment and that's not breaking the law - you have the right to have your car fixed or paid out if written-off in a timely manner, but doubt you will have any recourse to take legal action against another driver if they are legal to drive and their actions are viewed as poor judgment?
Wedgie
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Post by Wedgie »

I have found the best course of action is to go to the small claims court in this situation, just claiming for any out of pocket expenses incurred ie loss of no claims. If you are willing to stand up in court and give your case which is clearly true then the the other cars insurance company are likely to settle without going to court.
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Bob
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Location: Lancaster

Post by Bob »

I have considered using small claims court, but are you suggesting making a claim against the third party insurer and not the third party himself?
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
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Bob
Posts: 295
Joined: Thu Jan 25, 2018 5:14 pm
Location: Lancaster

Post by Bob »

Oldie - The Police are already involved, they have issued an incident number so at some point they will have to issue a report to close it out, even if it's to state "no further action".
Ordered 24th February 2018: XC40, FE, T5, Crystal White, Lava Interior (additional black carpets), 19" wheels, mud flaps, Tow Bar, Polestar, was expected June/July, then 1st October.
Finally took delivery on 16th October 2018. 8-)
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