Car incident/Police/Insurance - help please!

[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

But at present you are claiming on your insurance as they are paying for the repairs and will then claim it back against the other driver if traced etc. At that point you will also be able to claim your uninsured losses (such as your excess etc).

Who did you think was paying the garage if not your insurance as at the moment you don't even know the name of the other person?

I do actually. Thanks though How have we not lost our no claims then? Surely they would have kept them on hold whilst this was going on? We were told the repair work and the losses claim were both separate. It's a separate legal company that work with our insurers that deal with the financial losses etc. We haven't been told anything about the repair work costs at all, so presumed that as we had handed the reg over that they would be liasing with the insurers of the other vehicle?

Can somebody who is registered to and insured with a vehicle, simply say it wasn't them driving? It's their name on the insurance, they own it, so surely they must take responsibility, no?

This all sounds correct so far, I'm afraid.

Your renewal was probably processed just before your accident which is why you kept your no claims bonus.

At the moment, you are claiming off your own policy, until your insurer is able to reclaim the costs from the insurer of the other vehicle.

You might have cover on your own policy for a replacement car seat, you should check that in your policy wording. Its sometimes referred to as "vehicle accessories". Which will save you a bit while you wait.

But you will need to pay your excess

I think (but I've had a long day and can't remember the ins and outs right now) that the insurer who shows up on the insurance database will be the RTA insurer, or Article 55 insurer (so probably Mr X's insurer) and will eventually have to cough up, maybe through the Motor Insurance Bureau, but it might be a long wait.

Usually your own insurance company will deal with the cost of the repairs and then claim it back against the other driver. Usually though the other driver admits to be a party to the accident even if they don't admit liability for the accident and then the insurance companies sort it out between themselves as to who is liable. In your case it would usually be straightforward in that you were stationary and there was a witness so a no brainer. Their fault. But who was it? Is the owner denying that he was driving the car at that time or denying that the car was in an accident (even if with another driver)?

However the fact that the other driver basically did a runner and I suspect denies he was involved means that the matter is in dispute. When your premium comes up for renewal if the matter is not resolved you may find (unfortunately) that the no claims is affected unless you have protected no claims bonus.

That is why they will seek the excess from you for the time being until it is resolved - just in case they can never prove who the driver was to claim against.

The owner of the car may not have been the driver. The car may have been stolen, used by someone without the owner's permission or the owner may not even be insured and that is why they did a runner.

I feel for you. Bloody gits (the other driver that is!)

Thank you for your replies.

**But who was it? Is the owner denying that he was driving the car at that time or denying that the car was in an accident (even if with another driver)?

He is denying driving or knowing anything about where the car was at that time. As it stands, he is saying he sold it to somebody (the police haven't told me yet whether this person agrees to the story) right before the incident took place. But he didn't cancel his insurance or fill out any paperwork to make it official. Surely he therefore needs to take responsibility?

**However the fact that the other driver basically did a runner and I suspect denies he was involved means that the matter is in dispute. When your premium comes up for renewal if the matter is not resolved you may find (unfortunately) that the no claims is affected unless you have protected no claims bonus.

It didn't, the accident was mid August. Our renewal was due Sep 1st, we've stayed with the same company, my husband discussed the incident with them during the phone call, our no claims weren't protected, yet they've still applied them to our new policy?

**That is why they will seek the excess from you for the time being until it is resolved - just in case they can never prove who the driver was to claim against.

So if the police investigation amounts to nothing, despite me getting the reg of the car, and it being insured to someone, we'll have to foot the bill of the excess etc ourselves? How can that be?

**The owner of the car may not have been the driver. The car may have been stolen, used by someone without the owner's permission or the owner may not even be insured and that is why they did a runner.

But it wasn't stolen, and the owner of it is insured. The Police told me early on that he is. He's never said it was stolen, just conveniently (but without filling in any of the paperwork) sold that morning. The PC told me his name recently, not sure why, but I googled him and lets say this isn't anything out of the ordinary for him. In fact it's tame to what he usually gets up to.

**I feel for you. Bloody gits (the other driver that is!)

Thank you. I'm finding it really stressful, we don't have this money spare

But he didn't cancel his insurance or fill out any paperwork to make it official. Surely he therefore needs to take responsibility?

No. Accidents are always the driver's responsibility. If he genuinely sold the car any accident that happens thereafter is not his responsibility regardless of whether or not he cancelled his insurance or notified DVLA of the change of ownership. If he was still the owner but was not the driver it may be covered by his insurance if, for example, the driver was named on the policy. If it is not covered by his insurance the driver should have their own insurance.

So if the police investigation amounts to nothing, despite me getting the reg of the car, and it being insured to someone, we'll have to foot the bill of the excess etc ourselves? How can that be?

I'm afraid that is the way insurance works. They will cover the cost of repairs to your car but, unless and until they can recover the costs from someone else, you have to pay the excess. There will be wording to that effect in your policy. It is a whole lot better than having to pay the full cost of repairs yourself which is what would happen if you didn't have comprehensive insurance.

But it wasn't stolen, and the owner of it is insured

The driver is liable for accidents, not the owner.