Vehicle accident

Discussion in 'Finance, Property, Law' started by vampireuk, Aug 18, 2011.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. Last month I was involved in a collision. I informed my insurance and heard nothing from them, no letters or phone calls from them. On Tuesdays I received a letter from a soliciters informing me that the person who had crashed into me was making a claim for the car being written off as well as whiplash. I rang my insurance company yesterday and informed them of this, I explained I hate a statement I had written regarding the incident as well as photographs and sketches. I was told to email this to them and they would fight my case.

    Now, last night I discovered something on the DVLA website regarding the car that struck me. The DVLA confirmed to me today that at the time of the accident the vehicle driven by this lying cowbag was unlicensed (no road tax). I rang my insurance company who told me they had already made the payment prior to me even sending in my evidence and admitted it was I who was at fault. I asked why they had not contacted me at all the moment they found out a claim was made and claimed they had sent paperwork to myself after I had the accident, this is a lie as I received nothing from them and they didn't even bother with a phonecall to myself.

    Where do I now stand legally having had her crash into me whilst driving illegally both inrespects to her and my insurance company giving me no notification of the claim. I've tried contacting VOSA to find out if there was an MOT on the vehicle at the time as if it was untaxed there is every chance there was no MOT. Unfortunately the police were also unable to help with providing this information. I feel as if I am fighting something of a vertical challenge when I was hit by someone who should not have been on the roads in the first place.
  2. She crashed into you?

    Her fault then, you insurance company would claim against her, however being untaxed then no insurance?

    Have you not filled in the paperwork for the insurance company regarding the accident?
  3. The insurance company sent no paperwork to myself, I explained on the phone on the day of the accident what had happened and went into the details of the accident. I had a phonecall the following day from them asking if I wanted my car repairing. I told them I had no intention of claiming unless she also claimed and I looked set to lose my NCD. The guy on the phone said that is fine and he would keep the file open for a few weeks. Fast forward a month later, no contact from my insurance and suddenly a form from her soliciter.

    She is claiming I crashed into her when I was stationary, unfortunately there were no witnesses to the accident and my insurance just paid out instantly, despite the fact she was driving ******* illegally. I really really want to find out if the vehicle had an MOT too but she obviously won't hand over the docs required for a check as she will incriminate herself further.
  4. I'm surprised they have paid out.

    Dealing with many of these I know that we have to go a long way before they start just paying out moneies to someone.

    I would speak to the insurance comapny and find out why they have settled the claim without informing you?

    Then speak to these guys Financial Ombudsman Service how may be able to help.

    There were no witnesses aslo works against her too as she has to prove she crashed into you?
  5. the_boy_syrup

    the_boy_syrup LE Book Reviewer

    Ombusman as stated
    I would be asking them for chapter and verse as to why they felt the need to pay out without consulting you and waiting for your statement
    I assume you didn't get the police involved so she'll walk on the no tax bit?
    Report her to plod they might at least flag the car up and get her at a later date
    If they aren't paying out I'd cancel straight away they wouldn't get another penny off me
    Next time straight onto plod they can sort it out

    Happened to my old man
    Kid in a Saxo ran into him on a round a bout.
    Started claiming my old man hit him hen phoned his dad
    Dad arrived started bawling at the old man that he was gonna pay big time
    Old man called police
    Kid got nicked for no insurance Copper sniffed old mans breath and nicked him for D & D
    Insurance didn't pay out we fixed it cost but at least there was some satisfaction from it
    I learned a valuable lesson also plod are there for a reason
  6. I'm planning on contacting the Ombudsman as pointed out. My insurance have told me the fact she had no tax would have no effect on the claim, which seems absolutely stupid to me if she was not supposed to be on the road in the first place. I'm also considering a private claim against her to cover any costs for repairs from the policy excess. Surely the law has to be on my side with her driving ilegally.

    Edit: And no plod called at the time as it was only a minor shunt on a quiet road. If it ever happens again the police are getting involved.

    I'm hoping I can appeal the decision through the ombudsman and sue the **** out of that bitch.
  7. Police will not prosecute for no tax mate - DVLA will fine her direct as she has no way of denying it - the presence of the car on the road will have been documented. It's a fact of life that insurance companies will pay out on the back of verbal statements (ie the chat to your ins company) They will have adduced that you were at fault and cracked on to avoid legal costs. I know - it happened to me! Personally I would speak to OB with your concerns about no insurance - although there may be data protection issues there. They will be able to check to see if the motor is insured - if not she will have some questions to answer as she has placed herself at the scene in the driver's seat. It's possible OB will not involve themselves as the insurance company have paid up. I entirely agree about the Ombudsman - I had a gripe with Virgin and complained on the Ofcom hotline. Within 30 mins the PA to Virgin media CEO had phoned me cap in hand asking what they could do to make amends. They have real teeth. Bear in mind though, the only evidence you have is that the car was not taxed - it is a leap of faith on your part to make assumptions about the insurance. I would still be making waves at your insurance company though
  8. It wouldn't have an effect on the claim, however the fact they have just paid out for a rear shunt by her is odd as normally a rear end shut it automatically the fault of the shunter.

    Counter claim against her insurance (which she probably won't have) for whiplash caused by her. So it will probably be a waste of time and effort.

    I'd pursue your insurer and find out who has authorised this with no input from the policy holder
  9. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    2 things I learnt from a similar accident.

    The Insurance company cannot pay out stating that you were at fault unless you agree to it in writing. They can pay out with no fault agreement but then it is their choice and your no claims cannot be affected. If you don't agree fault then it is court issue which will then decide fault.

    Secondly the insurance company will try and do the cheapest easiest thing they can to get the situation dealt with.

    So firstly write - don't phone - to their complaints department and state that you do not agree with thier handling of this issue and that you want all faults and payment removed from your account information until it is resolved. Give them 7 days to respond and after that 7 days write - again don't phone - to the ombudsman with a copy to the complaints department of the insurance company.

  10. It wasn't a rear end shunt unfortunately, I was edging out of a blind junction due to parked cars, I saw her coming towards me and stopped moving, she then crashed into my stationary vehicle. And of course rather than look into the details because I was edging out she clearly was at no fault whatsoever despite losing control of the vehicle and skidding into me. There were no witnesses unfortunately so I can explain every minute detail that proves I could not have being more careful if I tried when edging out to view the road and they will not give a shit about it.

    I'm somewhat baffled as to how an illegal driver can claim against someone when they should not have been on the road. I'm not making assumptions about insurance but I was under the impression if she had no road tax her insurance would actually be void. This seems to be ******* madness where someone can ignore the laws and get away with it whilst I do nothing wrong and get stung with the costs.
  11. Home | Antony Hodari & Co

    This was the soliciter company I received the paperwork from, a no win no fee claims company. Surely her insurance company would use inhouse legal chaps. Do you think it's worth getting onto plod, once again to check if the vehicle even had insurance?
  12. See that white line you crossed...

    thats what sealed the deal.
  13. Sympathetic_Reaction

    Sympathetic_Reaction LE Book Reviewer

    I'd concentrate on sorting your own insurance company out's the area that will affect you more...catch up with the wench later.
  14. I've just gotten off the phone with plod via the non emergency line and reported the accident and that the DVLA has confirmed to me the vehicle involved was unlicensed, awaiting a call back now. Rediculous doesn't quite sum this up.
  15. Could she have insurance with the same company as you? The company may try to settle "in house" as a 50/50 accident. My (ex) company tried that with me and it took many months to sort out and regain my NCD.