Driver denied having an accident

[Ganymede]

Where are you getting this from that you're not following the protocol?

 

You are sending a letter before action to his insurer.

[king12345]

Sorry if I'm not too familiar with this.

I understand that the pre action protocol wants me to advise the defendant of my intention to start court proceedings.

Then I should issue a letter before action and if no reply, start the court case.

But the insurance has been unable to contact the driver so far.

So if I follow all the pre action protocol with the insurance and then sue the driver, couldn't he find an objection to this?

[Ganymede]

No.

 

But if you want to copy the driver into your correspondence with the insurer then do so.

[king12345]

No.

 

But if you want to copy the driver into your correspondence with the insurer then do so.

 

Ok, I find your point in the pre action conduct on the ministry of justice website regarding insurer's involvement.

For the benefit of others this is the link:

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#top

 

Thanks for your help, I'll be surely back with an update (and more questions )

[king12345]

Hi guys and happy Easter.

I thought of something that went unnoticed so far and need your advice.

The insurance company happened to be a broker called one call insurance (please delete if inappropriate to name).

Are they still responsible as insurers or I have to ask who's the actual insurer and start all the process again?

They're named on the insurance database as being the insurer and their claim dpt "dealt" with me without denying liability because they're brokers.

Is it safe to assume that they're fully responsible and to be considered the insurer?

Thanks

[king12345]

Any thoughts?

 

 

I am sending the letter before action today, 17 days after I send them official communication that I wanted this case dealt with.

But if they can then appeal on the basis that they are brokers, I suppose there's no point.

Please help.

Thanks

[Ganymede]

Hi guys and happy Easter.

I thought of something that went unnoticed so far and need your advice.

The insurance company happened to be a broker called one call insurance (please delete if inappropriate to name).

Are they still responsible as insurers or I have to ask who's the actual insurer and start all the process again?

They're named on the insurance database as being the insurer and their claim dpt "dealt" with me without denying liability because they're brokers.

Is it safe to assume that they're fully responsible and to be considered the insurer?

Thanks

 

You're naming the driver as the Defendant so none of the above is relevant.

 

Just get on with it.

[king12345]

Ok, thanks.

I am just thinking ahead in case I manage to get a CCJ against the driver and then the broker says that they're not the insurer; at that point the actual insurer, whoever they are, could ask for a set aside because they were not informed or not?

[Ganymede]

As I've already advised, send a letter before action to One Call Insurance and copy in the Defendant himself.

[king12345]

As I've already advised, send a letter before action to One Call Insurance and copy in the Defendant himself.

 

Thanks, will do this afternoon

[king12345]

Hi, I sent the letter before claim to the insurance and driver last Tuesday but still heard nothing.

Clearly they're hiding their head in the sand.

I suppose that it will have to get to court.

I let you know.

Thanks for your help.

[Bazooka Boo]

Have they signed for it?

[king12345]

Have they signed for it?

 

Yes, both insurance and driver the very next day.

I saved the royal mail online signature and proof of delivery.

[Bazooka Boo]

thats the ticket!

 

How long did you give them to respond before you will take action?

[king12345]

I had to give them 30 days because I found this in the pre-action protocol:

 

7.2 A ‘reasonable period of time’ will vary depending on the matter. As a general guide –

 

(2) where the matter is straightforward, for example an undisputed debt, then a full response should normally be provided within 14 days;

 

(3) where a matter requires the involvement of an insurer or other third party or where there are issues about evidence, then a full response should normally be provided within 30 days;

 

 

I though that it's best to stick to the protocol to the letter so they can't complain that I was unreasonable.

[Bazooka Boo]

Yep, better to err on the side of caution....

[king12345]

Hi guys, no news from the insurance or driver's front as expected.

I want to ask, if it goes to court, would it be possible to claim for the extra insurance premium that I will be charged for the next 5 years?

I was thinking of getting quotes from comparison sites with and without this claim/accident and see the difference so to quantify the loss.

What do you say?

Thanks

[Bazooka Boo]

I'm not sure??

 

I think you could only claim for losses incurred to date?

But I'm no legal expert....... the courts may be able to advise you on this?

[king12345]

This accident will cost me very much one way or another.

My next 5 years premiums will be astronomical

How and when do I ask the court?

Before or after starting the claim?

[BarrackRoom]

Hi King 12345

1. I noticed this trail today. Firstly; I hope you pursue this. many years ago I had a similar thing happen to me. Similarly, the driver initially refused to give me their details, the police got involved; visiting at his home because he drove away, and then he denied that any accident had taken place. So there's at least two idiots in the world. I pursued his insurance company, who paid up, in full, on the day before I was due in court. Remember that all such civil cases are decided on the "Balance of probability" rather than "absolute proof", so your chances of winning are good. Good luck.

2. I have a little experience of small claims. It's a simple service meant for simple claims. My advice would be to stick to your ACTUAL losses rather than your ANTICIPATED losses. If you can separately get the other party to engage with you in any way ( which looks unlikely), you can threaten "without prejudice" to claim for your anticipated losses as well, but I'd be ready to limit your actual claim.

3. I'm trying to think of counter arguments that they may use. I suspect they wont even respond to the summons when the court issues it. Do you have a dated photo showing the house and his car together: what if he claimed he never had any involvement with the car in question? To be honest, if you have a photo of a driving licence I think your chances are very strong.

4. Have you checked whether the other driver is worth pursuing (apologies if some of the other posts have already raised this). In other words, there's no point in winning at small claims if the driver doesn't have any money to pay you. You can search the land registry to see if they're registered as owners of the freehold. If you cant see a route to some assets, let your insurance company do it or take a deep breath. Purely moral victories cost a lot.

5. This will cost you a lot of time and money to pursue, even if using the small claims procedure. Chargee for your time: I'd suggest your salary/hrs worked is reasonable.

6. Finally, in my limited experience insurance companies always increase your premium whether you've got a NCD, or a protected NCD, or made a recovery. Their argument is that the accident proves the car was being driven, and they'd rather insure cars that didn't get used at all.

 

 

I hope your wife and baby are Ok.

[king12345]

Hi King 12345

1. I noticed this trail today. Firstly; I hope you pursue this. many years ago I had a similar thing happen to me. Similarly, the driver initially refused to give me their details, the police got involved; visiting at his home because he drove away, and then he denied that any accident had taken place. So there's at least two idiots in the world. I pursued his insurance company, who paid up, in full, on the day before I was due in court. Remember that all such civil cases are decided on the "Balance of probability" rather than "absolute proof", so your chances of winning are good. Good luck.

2. I have a little experience of small claims. It's a simple service meant for simple claims. My advice would be to stick to your ACTUAL losses rather than your ANTICIPATED losses. If you can separately get the other party to engage with you in any way ( which looks unlikely), you can threaten "without prejudice" to claim for your anticipated losses as well, but I'd be ready to limit your actual claim.

3. I'm trying to think of counter arguments that they may use. I suspect they wont even respond to the summons when the court issues it. Do you have a dated photo showing the house and his car together: what if he claimed he never had any involvement with the car in question? To be honest, if you have a photo of a driving licence I think your chances are very strong.

4. Have you checked whether the other driver is worth pursuing (apologies if some of the other posts have already raised this). In other words, there's no point in winning at small claims if the driver doesn't have any money to pay you. You can search the land registry to see if they're registered as owners of the freehold. If you cant see a route to some assets, let your insurance company do it or take a deep breath. Purely moral victories cost a lot.

5. This will cost you a lot of time and money to pursue, even if using the small claims procedure. Chargee for your time: I'd suggest your salary/hrs worked is reasonable.

6. Finally, in my limited experience insurance companies always increase your premium whether you've got a NCD, or a protected NCD, or made a recovery. Their argument is that the accident proves the car was being driven, and they'd rather insure cars that didn't get used at all.

 

 

I hope your wife and baby are Ok.

 

Hi, regarding point 1, I will take this all the way; no chance some m.f. is hitting my car and get away with it, especially because he's a retarded looking guy, a lethargic "not me boss" trying hard to look more stupid than he is (impossible task).

Point 2: Already sent them the letter befor action stating that I might ask for future losses.

Point 3: I have plenty of pictures including him in his car, outside his car, front and back of his driving license and his and my car together.

The damage is undeniably there and matches.

So he changed his story from "I wasn't there" to "I was there but I didn't hit his car".

Then apparently he stopped communicating with his insurance.

Too bad, he signed for 2 recorded delivery letters, last one being a letter before action.

Regarding point 4, it doesn't matter if he is bankrupt, his insurance will have to satisfy any judgment against him as pointed out by Ganymede in earlier post.

Point 5: Apparently the max a court would award is £18/hour and only in rare cases.

I am ready to use my time for free, after all shyte happens and I have learned a lot about procedures.

Point 6: I couldn't agree more.

 

Thanks for your input

[Ganymede]

This accident will cost me very much one way or another.

My next 5 years premiums will be astronomical

How and when do I ask the court?

Before or after starting the claim?

 

If you win your claim then it will be recorded as a non fault accident and your premium won't increase in the future.

 

Your insurer should also refund you the difference in premiums this year after you win so there is no loss to claim.

[king12345]

If you win your claim then it will be recorded as a non fault accident and your premium won't increase in the future.

 

Your insurer should also refund you the difference in premiums this year after you win so there is no loss to claim.

 

Thanks, but how do I quantify the difference in price?

Anyway, my insurance is treating this as a no fault accident on a notification only basis because nobody will claim from them.

I have my NCB protected and they confirmed that it will remain the same.

I have a feeling though that the insurance premium will go up anyway, otherwise why would they ask about non fault accidents?

[Dot1]

Thanks, but how do I quantify the difference in price?

Anyway, my insurance is treating this as a no fault accident on a notification only basis because nobody will claim from them.

I have my NCB protected and they confirmed that it will remain the same.

I have a feeling though that the insurance premium will go up anyway, otherwise why would they ask about non fault accidents?

 

Hi,

 

Based on my experience, non fault or not, your premium will go up. That is what happened to me. Once you inform your insurance, it is entered into the database .

 

Maybe other people's experience is different but mine went up. You will notice that they will insist on knowing any involvement in an accident in the last 5 years own fault or non fault.

 

If the non fault was not considered, I think there would be no reason for them to ask. I do not know by how much it will affect the premium by it certainly affects.

 

Thanks

Dot

[king12345]

Well, I just renewed my motorbike insurance and, considering one fault accident and this disputed one, the price went up by 3%.

I just wish that it will be the same for car insurance renewal