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[JamesV6CDX]

On the 17 Jan, I was hit in the rear by a lady in a Polo, whilst stationary at a roundabout, waiting to pull away.

It has been over a week since I reported the accident to Direct Line. (She is also insured with Direct Line).

A WEEK down the line, they are telling me that there has been no progress in contacting her to discuss the liability  

What's going on? I really don't get a good feeling about this.

Hopefully nothing can come back to bite me here? Surely they won't try and pass liability on to me?  

[Jay w]

my understanding is if she has run into the back of you the she has liability, no question....simple as

[JamesV6CDX]

my understanding is if she has run into the back of you the she has liability, no question....simple as

Same here - direct line are saying they need to hear her version of events.

Annoyed, because I can't get my car repaired until liability is sorted. No way am I paying the £500 excess  

[Jay w]

my understanding is if she has run into the back of you the she has liability, no question....simple as

Same here - direct line are saying they need to hear her version of events.

Annoyed, because I can't get my car repaired until liability is sorted. No way am I paying the £500 excess  

well that sucks.....

she ran into you, liability lies with the person who was behind, i bet she is claiming you slammed on the anchors for no reason

[zippo]

i dont see how they cold try to shift the blame when you was stationary
they may not be able to contact her for an innocent reason
woold it do any harm to have drive past her house

[JamesV6CDX]

my understanding is if she has run into the back of you the she has liability, no question....simple as

Same here - direct line are saying they need to hear her version of events.

Annoyed, because I can't get my car repaired until liability is sorted. No way am I paying the £500 excess  

well that sucks.....

she ran into you, liability lies with the person who was behind, i bet she is claiming you slammed on the anchors for no reason

I'd been stationary for a number of seconds - the reason was the roundabout!!!!!

[Kevin Wood]

Umm. I have had a bad experience in the past with a third party who was at fault and with the same insurer as me. Basically my insurer told me his policy details related to a policy that had lapsed.

I sought legal advice which was that since the policy had recently lapsed his previous insurer would normally be chased as "insurer responsible" and that they would be responsible for chasing him for the whole sum, if he could not provide valid insurance details. Sounded a bit odd to me, but that was the advice I got.

Guess what? My insurer (also his insurer, remember?) claimed they couldn't trace the bloke and I took a hit on my NCD as a result (protected, thankfully). I decided to phone the bloke up and asked if he'd mind reimbursing me for my excess, and got a cheque for the full amount by return of post. Really difficult to trace, eh?

I think insurers will fall over themselves to help if there's something in it for them, but if both parties are with the same insurer, well, call me cynical if you like... but the best they can do is to pocket both parties' excess and plead ignorance.  

If you have legal cover included, give the advice line a call. There's no doubt in my mind that the third party is at fault. I just wonder if direct line are dragging their heels because they know they can't win?

Kevin

[Ken T]

have you her address ?. A gentle letter reminding her about the £1000 (damage plus loss of earnings, plus a hire car) she caused and if she doesn't arrange to pay within a reasonable time (14 days), you will have to take her to Court for the amount. People try and avoid their responsibilities these days, hoping that people will not bother claiming because of the amount of effort it will entail. Perhaps a "gentle reminder" may help. Because after all, she caused the damage and she is responsible. Its up to her to get her Insurance to pay for it, not you.
Best of luck,

Ken

[Ken T]

Umm. I have had a bad experience in the past with a third party who was at fault and with the same insurer as me. Basically my insurer told me his policy details related to a policy that had lapsed.

I sought legal advice which was that since the policy had recently lapsed his previous insurer would normally be chased as "insurer responsible" and that they would be responsible for chasing him for the whole sum, if he could not provide valid insurance details. Sounded a bit odd to me, but that was the advice I got.

Guess what? My insurer (also his insurer, remember?) claimed they couldn't trace the bloke and I took a hit on my NCD as a result (protected, thankfully). I decided to phone the bloke up and asked if he'd mind reimbursing me for my excess, and got a cheque for the full amount by return of post. Really difficult to trace, eh?

I think insurers will fall over themselves to help if there's something in it for them, but if both parties are with the same insurer, well, call me cynical if you like... but the best they can do is to pocket both parties' excess and plead ignorance.  

If you have legal cover included, give the advice line a call. There's no doubt in my mind that the third party is at fault. I just wonder if direct line are dragging their heels because they know they can't win?

Kevin

I thought you didn't like protected NCB!. No, its OK, there are times when its essential, like if some clown drives into you and then drives off.
Lets ban everyone except Miggy drivers !

Ken

[Kevin Wood]

Problem is, if you contact the third party directly it could put your claim in jepoardy. I waited until my insurer had given up chasing. Check your Ts and Cs for the exact wording..

It seems odd that she would have said nothing to her insurer, IMHO. Presumably she's got a rather battered car that needs fixing?

Kevin

[JamesV6CDX]

Says it all...

http://www.reviewcentre.com/reviews11382.html

[hotel21]

A recorded delivery letter outlining that you hold her responsible for your uninsured losses - policy excess, car hire, etc - requiring her to reimburse you within 7 days or court action will result, with a copy CC'd to your claims assessor.

Conditions of her insurance is that all correspondence from any other party must be passed to them without undue delay and not answered directly.

End result, her insurance should know about the matter and the incident is now progressed towards a conclusion....  

Comply with the requirements of your policy.....

Recover your own losses your own way.....  Its the same as the DAS solicitors will do for the fee you pay....

[Kevin Wood]

In fairness, it does take time sometimes. I had a prang in early September and have only just got my excess back. Admittedly, it was an international claim. :-/

Kevin

[bertiecbx550]

watch out for the imaginary friend who just happens to be passing by and gives a statement saying you delibratley stopped in front of her...it happened to me 2yrs ago in wolverhampton i lost my excess and had a nice insurance hike the next year from....direct line  

[Markjay]

Also.... not directly related, but  keep in mind that everything you say to Direct Line on the phone is being recorded and and a transcript held on file.

I know you are honest, but unfortunately insurance companies aren't always... if you as much as get confused and say two different things on twe different occasions they may use it as an excuse to avoid payment.