to think that in a cut and dry matter the other party should be made to admit liability at point of claim

[hardhatdonned]

Driver goes up your arse, writes your car off, you were stationery simple case yes?

So why won't they admit liability and give me my no claims back? It's stopping me getting a new car as the insurance is prohibitively expensive without it :(

It should more or less automatically go in your favour, generally does when you get hit up the ass.

YANBU - completely agree with you. You need to get your insurance company to get your uninsured losses back (i.e. your policy excess) and then your NCB will be restored.

That's really poor.

Someone went into the back of me when I was driving a hire car and the hire company said it was so clear I wasn't liable they wouldn't charge me the excess (normally they would charge you, wait to see who was at fault and refund if necessary).

Tbh my insurance company are trying, it's the other party who are dragging their heels :(

But that isn't your problem - it's your insurance company's. They should sort you out first and then get the money off the other party.

I'd tell them you're moving insurers. That might make them get their arses in gear

BTW expect your premiums to rise regardless of liability. I've been paying raised premiums for 5 years because of one accident that wasn't my fault and was claimed for through the hire companies insurance.

That's crap, OP. I sympatise. A few years back, my car was written off when someone pulled out in front of me. Despite the fact that there were 2 witnesses who said that the fault was entirely that of the other driver, he claimed that I'd flashed my headlights (which I didn't, and anyway, AFAIK, it's not grounds for claiming it wasn't his responsibility) and I ended up having to take 40% responsibility for the accident, which hit my insurance really hard. I can only assume his insurance company was pushier than mine.

Hope you get it sorted.

Bugger :( i've been getting quotes and the difference between my no claims and admitting to making a claim is between £500 and £1500!! although having phoned two firms they've said they'll reimburse me the difference once it's sorted but still, that doesn't help in the here and now.

And yes i agree with you LB they need to sort me out first. Sadly my insurance ceased its validity when they wrote the car off so threatening that will make no difference - although whenever i ring they keep asking when my home insurance is up for renewal...

I got rammed up the arse when an old man decided to turn right (on a no turn right lane) straight into the back side of me.

He refused to admit liability.

I took him to court, and got £4k injury. I had to pay for the damage to my car (2k) but I got it back (the court case took 5 months and I need the wheel arch repairing to continue with my life!).

I presume you have a solicitor?

Yes there is a PI claim attached to it, perhaps thats why they're not admitting liability as yet. Although, again, it's a ram up the jacksee and it's 100% his fault as i was stationery.

Suppose I could be positive about it and look at how fit i'm going to get with all the walking lol

If you claim for injury, you'll get your NCB automatically reviewed and a minimum of a grand payout.

And your legal fees will be recovered.

I've had 4 car accidents, none of which were my fault!

So it's well worth it then, good. I know my dc's claim will be held by the court until she's 18 but didn't know there was a minimum amount we'd be able to get so thats useful to know.

Also didn't realise that about the NCD, again, useful. Thanks.

Thats a lot of bad luck you've had there! OR you live in an area with really shit drivers in!!