Threads in this topic will auto-delete 30 days after the OP is posted.

Car incident/Police/Car insurance - please help!

(7 Posts)
car1sberg Thu 15-Sep-16 17:37:35

Talk Legal matters
Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Car incident/Police/Insurance - help please!1
Today 17:35 car1sberg

Hello,

I'm hoping someone may be able to help me with a frustrating situation. It may be quite long, I'll try to be brief and just state the facts.

4 weeks ago I was involved in a car 'incident'. I was stationary in traffic on the road (with my baby in the back) when a car hit me from behind. The (male) driver then drove up onto the grass verge, back out in front of me, onto the wrong side of the road to get past the cars in front, then sped away. I got his reg. A witness stopped and gave me his number. I called the police who came straight out to the scene. Also called our car insurance, who had our car be picked up and taken to a garage to be fixed (non drivable).

The PC who came to see me knew immediately who the driver was (small town in the countryside) from the make and model of the car. I gave him all the details and he went off to find him. Will call him 'Mr X'. The PC got back to me soon after to say Mr X denied driving the car, and said he sold it to somebody in a city 2 hours away that morning (good timing!) so didn't have it. At the time of the incident, and still now, Mr X is still registered to the car, and it is insured in his name. He didn't 'sell' it properly at all.

4 weeks on.. The car has been found an hour away in the opposite end of the country to where he said it was, on somebody's land, who is not co-operating with Police to allow them to see it, or find out how it got there etc. I don't know what's happening with the name and number of the person he gave. Basically he's point blank denying anything to do with it, but the Police are continuing investigating.

Until our insurance company have a name of the driver, who admits liability, I can't claim against his insurance for my loss of earnings, for our £550 excess on the repair work, for a new carseat for my baby etc.

I have given our insurance company the reg of the car, they sent it to the DVLA to get the name of the driver and the insurers, and have now sent them info, and are awaiting to hear if the man will accept liability. He won't be. I want to know what will happen then? We'll just be nearly £1,000 out of pocket?

Another question.. Our car was finally finished being fixed yesterday after being away for 4 weeks. We had a courtesy car provided by the garage during that time. At no point were we ever told by either our insurance company or the garage that we would need to pay £550 'excess' upon picking it back up. So it was delivered, I didn't have the money on me at home or on card, bewildered at the sudden demand for it, so it was taken away again until I do? We aren't claiming on our insurance for this though, so why do we need to pay anything? I haven't been able to get through to my insurers today annoyingly to ask about it. We renewed our insurance with them on Sep 1st, 2 weeks after the incident, and kept our no claims, surely we'd have lost them if we needed to pay an excess?

I'm totally confused by this all now and feeling increasingly worried at how it's heading, we just don't have £550 to hand over, we've had no warning of it?

Could anyone help with some advice please? Thank you.

X

Drowzeee Fri 16-Sep-16 00:50:03

If the other driver is denying being the driver and won't accept liability then I think that you will have to claim off your own insurance as there isn't anyone else's to claim off. They won't give you your own car back until you have paid the excess on your policy.

This happened to me earlier this year, someone crashed into 2 parked cars (one mine) and drove off. We had the registration number but by the time the police traced the offending car, it had been repaired. The registered keeper denied being the driver at the time and wouldn't say who was. The police couldnt do anything further and we had to claim of our own insurance, losing no claims bonus and everything.

DonkeysDontRideBicycles Fri 16-Sep-16 16:34:44

Sorry don't know the answers but bumping for you, what a relief you and baby weren't injured flowers .

Just pondering strange how the owner of a car which leaves the scene of an accident can get out of any liability by simply saying someone else was driving (eg mythical buyer), but if we get flashed by a speed camera - er, safety camera, we have to provide the name of who was driving within a set time limit?

suitsyousir79 Fri 16-Sep-16 16:40:35

Report the case to the Motor insurers bureau. They deal with people who have been in accidents with uninsured/unknown drivers. They may be able to pay some or all of your claim for you.

LIZS Fri 16-Sep-16 16:43:31

It is normal to pay the excess to release the car but this would be refunded once insurance has processed the claim with other party.

TheDisreputableDog Fri 16-Sep-16 16:46:46

Hi, in terms of your excess you ARE claiming on your insurance. If your insurance company are paying for your repairs then you are claiming. When you take your policy out the excess is the amount that you are responsible for before your insurance 'kicks in'. It sounds like your insurers have allowed your NCB which is nice, some will also waive the excess but given that there is no admission of liability from the responsible person I can understand why they would not do this.
If the insurer of the other car accept liability they will pay your excess back as it is an uninsured loss along with any other uninsured losses (you will need to prove loss of earnings).

In terms of your car seat, I would be surprised if your insurance company would not pay to replace that as part of your claim, it is usually standard within the cover, ask them.

HTH

TheDisreputableDog Fri 16-Sep-16 16:52:44

Sorry, in regards to the other driver, for the moment the best thing to do is allow your insurers, his insurers and the Police to complete their investigations. Ultimately the owner/registered keeper will need to prove he had sold the car (which seems unlikely). The MIB are unlikely to get involved unless his insurers refuse to indemnify the other driver, at that point you can approach them to claim for your uninsured losses, however they will apply and excess themselves to what you can claim and the claim against your insurance (for your repairs) would stand, so your NCB would be affected.

Sorry, it's a grotty situation but best sit tight and let the professionals see where they can get to.

If you are all ok, that's the most important bit.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now