legal advice needed please

[donovan2123]

I'm going to keep this simple. My gf was stuck in traffic when a police car attempted to stop the vehicle in front of her. The vehicle then reversed in to her car causing damage to her vehicle. It then came to light the vehicle in front was from thrifty hire. Now this is where things get interesting thrifty insursncr have refused to pay out for damage to my gf car due to the fact the car was later reported as stolen.Now accident happened at 2.30pm on 13th of December and vehicle wasn't reported as stolen until 4.30pm also on the 13th of December. The thrifty car had no breaking entry damage and when found keys had been used. It is very obvious that car had not been stolen but person driving it didn't takeout the car in there own name hence reporting car as stolen after damaging both police patrol car and my gf car as the driver made a quick get away. Girlfriend has the police offers names and badge numbers as witness and also has registration of car. So who is liable. Thrifty have refused claim and my gf insurance said to fix hr car it will cost her the insurance excess plus she would loose her ncb.

[berg]

I will PM you later but in short - 
 
a.) The insurer must deal with her claim if the driver of the vehicle was identified regardless of whether that person was insured to drive the vehicle under their RTA obligations.

b.) Did the vehicle get away or did the police arrest the driver? If arrested, then insurer will deal. If vehicle got away and it is genuinely accepted that the driver remains unidentified then she must report the incident to the Motor Insurers Bureau and proceed under the Untraced Drivers Scheme. She cannot sue the hire company as there is no vicarious liability between the tort feasor (driver) and the hire company. In certain situations it could be genuine that the vehicle was stolen without the hirer's consent. If he lives in a flat with several other flat mates it could be that one of then has taken the keys and there would be no need to damage the vehicle, but which one was it? if the police think the hirer knows who was driving they can charge him for failing to identify the driver but the insurer would be able to decline her claim as they would not have to act as RTA or Article 75 insurer = back to the MIB.

[donovan2123]

Thanks for your advice. A email has been sent with a few points raised including some of their general policy from there I site.

Waiting on response.

Will be keeping this updated

[mad_pete]

Obviously I don't know but I think you would have to prove the car wasn't stolen.