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Car insurance - what happens when the other party won't make a statement?

3 replies

Heyheyhihi · 14/07/2022 19:51

What happens if the other party won't make a statement? The only correspondence my insurers have had is from 8 months ago when they denied liability, but nothing has happened since as apparently she refuses to fill in a statement as she maintains it was not her fault (she reversed into me so I suspect she's just burying her head in the sand).

Also, I've been told I have to stay with my current insurers on renewal as it's an open claim but they will treat it as if I was at fault - will I get a refund if it's decided it was not my fault?

Thanks

OP posts:
Remainiac · 14/07/2022 19:57

DH is in this position at the moment. He was rear-ended on the motorway, exchanged details with the guy but didn’t take pics (mistake as he now realises). Chap is saying he wasn’t there. The insurance company is investigating and is supportive of DH, because as he rightly says, how else could he have all the info.
However, it has to be fully investigated and they have no idea how long that may take. Meanwhile, DH can’t have his car repaired.

Rose789 · 14/07/2022 20:12

Your insurer will continue to chase her insurer. It doesn’t matter if she doesn’t make a statement your insurer will keep chasing and can take legal action if necessary.
in the meantime it will be an open claim which means recorded as a fault incident for both drivers. Once the claim has been settled and it is changed to non fault your insurers will recalculate your premium from inception on the basis of a non fault claim and refund you the difference.
you absolutely do not have to stay with your current insurer. Shop around as normal. When you are asked about your claims history put there is a fault claim. When your insurer sends confirmation the claim has been settled as non fault you just contact the new insurer send them the evidence and they will recalculate your premium.

RainingYetAgain · 14/07/2022 20:25

I don't know about her refusing to fill out the form, but I was advised of a claim against me by my insurers just before last Christmas. It was definately nothing to do with me as I was about 100 miles away in a Pilates class at the time, and haven't been to that area for about 30 years. I didn't fill out a form , cos I wasn't in an accident, but I supplied them with loads of stuff from Google maps, Strava, my class receipt etc. Insurance company rebuffed the claim with the other company but it was still 5 months or so before it was resolved. There was a potential claim marker on my account. They kept asking the other side to withdraw the claim and in the end advised them they were rejecting it
I didn't need to renew my insurance but was thinking of changing the car and they said any insurer would count it as a claim until it was resolved.
On a seperate occasion when I was rear ended, and the owner, (driver's mother,) did not want to go through insurance , but quibbled over the repair quote, I claimed and let the insurance company deal with it.
Good luck with your claim.

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