Insurance claim/hire car

[doylebros]

Okay to update, just received a letter from my insurance company asking me to fill in a written description of the accident and the damage, as well as third party details.

Is this normal or is this an indication that the third party is now denying the accident?

I already sent them photos of both cars and several times verbally confirmed the details of events over the phone.

Anything is possible with an insurance company - under staffed - overworked - just crap - awaiting police report - or what you suggested.

In my opinion - If you contact them make sure it's in writing and recorded delivery for all documents, ask for a progress report and what is delaying the case moving to completion!

[berg]

it is normal for most insurers to request you to fill in an ARF - Accident Report Form - but surely this should have been sent to you about 6 weeks ago??

[cuprajake]

We had one were the third party who was at fault found a witness and our customer was liable for the claim. He's still fighting it. Basically if you don't admit liability they can't claim off you unless it's super clear cut

[stealthwolf]

this should have been sent to you about 6 weeks ago??

That's my point and...

...if you don't admit liability they can't claim off you...

...that's my concern.

I've no idea why it's taken so long but am worried the third party might have turned around and denied the accident. I've got the photos of the damage on both cars and can easily draw an accurate diagram but does this sound like it's going down to 50/50? Or is this Highways/LV being just a bit slow/lazy?

[berg]

The whole not admitting liability thing is a red herring - your insurer (on a private motor policy, commercial policies are different) has a right of subrogation ie they can admit liability on your behalf even if you swear blind it was not your fault or dont communicate with them in the hope that they cant do anything without your consent. So... if the other party is advising his insurer he was not a fault they need to investigate the matter. You need to get on the blower to your insurer and speak to the claims handler and ask them for pp on liability from the third party insurer's point of view.

[stealthwolf]

ask them for pp on liability from the third party insurer's point of view.

Stupid Q: what's PP?

[berg]

sorry, present position

[stealthwolf]

Not heard anything for two months so rang up and find that the third party is alleging that I pulled out from a parked position.  This is on a main road that is relatively narrow so parking would mean obstructing an entire lane of traffic. They're waiting on the third party's insurance and asked if I was willing to proceed to court, which I am.

[berg]

Pm me if any questions

[stealthwolf]

So not hearing anythign for months, I now get a letter from my insurance co stating that third party is still disputing liability. They claim I pulled out from a parked position. This is despite the fact that opposite the junction are double yellow lines and railings so I couldn't park without obstructing traffic (in which case he would have seen me). LV want to settle 50/50 but may abandon claim if they reject due to lack of evidence.

Feckers.

So what can I do?

[berg]

Just on my phone at mo ill try type a proper reply later when kids are in bed

[berg]

Right, you need to be quite bullish with your insurer and advise that they are not to prejudice your position. You have paid a premium for them to indemnify you and you expect them to stand by you and not run for the hills just because liability is disputed. I presume you have already pointed out the factual points you have stated above which should lead them to believe that your version of events is far more likely on the balance of probabilities. Do you have any uninsured losses to recover such as insurance excess? If so, would you be prepared to issue proceedings through the small claims court and attend court to give evidence to fight your corner. As it would be a small claim you dont need to worry about legal costs if you lose.

Unfortunately, if you dont show to the insurer that you are willing to attend court then they can agree to the 50/50 withut your express consent as the insurer has a right of subrogation. 

It is a sad reflection on society when people cant just hold their hand up when they genuinely know that they are at fault 

[stealthwolf]

More than happy to go through small claims. Do I do this through my insurer or separately?
I already wrote in my statement that I would be prepared to go to court if necessary.

Edit: from the looks of things it seems like they just said "well TP is contesting it and there's no evidence so we'll just roll over". If they visited the area or looked at the pics from google earth of the junction that I sent, they would have been able to see the railings and yellow lines. Even if they say it happened on a different part of the road, the nature of the damage would be different.

[berg]

More than happy to go through small claims. Do I do this through my insurer or separately?
I already wrote in my statement that I would be prepared to go to court if necessary.

Edit: from the looks of things it seems like they just said "well TP is contesting it and there's no evidence so we'll just roll over". If they visited the area or looked at the pics from google earth of the junction that I sent, they would have been able to see the railings and yellow lines. Even if they say it happened on a different part of the road, the nature of the damage would be different.

You would have to do it yourself through Money Claims Online, or do you have a broker who referred you to LV? Some brokers have strong links with solicitors who will deal with your claim without getting paid as a favour to the broker to keep them sweet. You must make sure that the insurer does not undermine you though. If they agree a 50/50 on liability this would be binding and prejudice your position.

[stealthwolf]

Insurance is through brentacre with LV as underwriters. Have legal cover as well though would need to check what it covers. Will ring LV on monday.