max1342

was driving to work same road ive used for 2 years come to a corner at the bottum of a hill as I turn into this corner about to go up the hill I take the bend as close to the kurb as I can get and at a sensible speed as its not a nice corner.
there is another subaru coming down the hill at some speed and he takes the corner then passes the front of my subaru and collides with the rear of my car completly cutting the corner, causing alot of damage to the rear end of my car and spinning me 180 to face back down the road and damaging the front of his car where he cut this corner.
my car had deffinatly passed his as I have absolutly no front end damage and he has and all the damage to mine is at the rear.

now I have photos of my car not his , photos of the road and full written statement by myself

im 26 years old with 6 years ncd and have owned 3 subarus before this one and never made a claim in my life

this chap who hit me was 19 years old thats all i no apart from the colour of his subaru his registration and his name.

we did not exchange details as I was taken from the scene in a ambulance because I was in a state of shock from how hard my car had been hit and how hard it threw me in my car even with my belt on.

the chap who hit me was given a producer as when they did a insurance check it came up with insurance in his dads name but not his even tho it was his car.

he has produced documents to the police and they are happy with them.

all my life i have chosen fully comp insurance this time I sadly chose not to so I need to claim off his insurance for the damages.

I have legal cover and have gave his details to them including his reg which i got from the police they told me there is two polices on the car one with aviva and one with admiral.

legal team contacted both and both state they do not have a person by that name insured on that veichle yet the police are happy because he has submitted details.

so i contact my legal team who say they have wrtitten to the police this was over a month ago and they have written to dvla both with no responce.

ive been out of work because of the injury car is a complete loss , and I had a recovery charge because it was taken to a salvage yard because I was taken to hospital so im alot out of pocket.

now the police are being very unhelpful , they wont give me the details of the insurance he provided and keep giving me a run around and more excuses and keep telling me to call back in a week when I get more excuses.

with his name and his reg is there not any other way i can get who he is insured with as this is doing my head in.

or is there anything else I can do?

oh and one of his four passengers has suddenly been in contact with my insurance company trying to claim whiplash so I have gave a statement back to them stating the damage and how the accident happend and have told them I would even be willing to stand in court if needed.

anoys me that a passenger in his car can trace my insurance so fast yet my legal cover can not do a damn thing to help me apart from wait.

any help or advice much appreciated from a fellow scoobynet member who has had his pride and joy smashed to bits

oh and the other driver as far as im aware has made no claim agaisnt me yet probaly because he knows he wouldnt have a cat in hells chance of proving it was not his fault with the accident damage that has accured to my veichle and the point on the road that it happend.

lordharding

iTrader: (1)

Need to speak to someone higher up in the police rather then just a desk clerk or admin worker

Fire off a letter to chief constabull today
Police are very good of a complaint is made as seems dodgy to me

Bad situation to be in and insurance does not seem right for a 19 year old so some sort of cover up there

MrNoisy

iTrader: (28)

You might want to call him a chief constable though - constabull might rub them up the wrong way

Feel for you mate, I got road raged over 10 years ago by some utter nut job clearly off his **** on drugs and paranoid; claimed I'd been tailgating him, even though my mate and I had been several car lengths back from him, actually admiring his car - was a Renault 19 16v - will tell you how long ago that was(!); had an accident as a result trying to get away from him going loopy, and he got off scott free despite leaving the scene of the accident and me having 5 witnesses including a driving instructor.

The CPS were utterly ****ing useless. I could have done a better job myself, ended up losing my case, even though I had two officers giving evidence on my behalf.
If you do go to court, which sounds likely, make sure you get a good solicitor to represent you.
Best of luck.

Moley

iTrader: (9)

So 19 year old is driving his dads car, but is not actually insured on it?

max1342

the car belongs to the 19 year old v5 in his name but the only policy that has came back from insurance check was his dads policy but they were skecthy with me to if the 19 year old was named driver or not at all.

two policys came back with his registration and both state they dont have the 19 year old on a policy

but he has handed in details to police that state he does have insurance "apparently" because he was issued a producer because the policy that came up was not in his name

but I have been told this could simply be because he is only listed as a named driver

but that is the information I am trying to get out of them currently


none of it adds up right now

so wish I just spent the extra and went with you now moley live and learn

also just to add since a few weeks ago his car is no longer insured now as it has dissapeared off the motor insurance database

Carlh

hope you get it all sorted fella, it wasnt your fault, clearly from the damage on the scoob. Hope you recover quick and dont lose any money over this. Good luck !

alcazar

iTrader: (2)

Be prepared for his dad and the chief constable to be mates, or masons together........

I feel for you kid.

Moley

iTrader: (9)

If he wasn't named on the policy the Police would have prosecuted him for driving with no insurance, as he wouldn't have been able to produce an insurance certificate with his name on.

The insurers on his vehicle should be able to confirm to your insurers straight away if he was on there or not, so can't see why there is an issue.

You really need to get your insurers to find out if he's named on there or not, as it's unlikey the Police will give you much info (data protection act).

Who is acting on your behalf? You insurance company, or have you approached one of these 'no win, no fee' companies to deal with it?

Moley

iTrader: (9)

As for the claim, without any witnesses it'll likely go 50/50 if he's not admitting liability.

max1342

hes not made any claim agiasnt me as he obviously knows its his fault

I have to get information from police as I was taken from scene by ambulance and they have all the details not me

my insurance wont want anything to do with it as im only third party fire and theft (yes I no big mistake and my fault for not being fully comp)

I did however have legal cover who are trying to get his information from police , dvla ect so they can make a claim for me

the car registration check brings back two insurance companies both of which wont admit he was insured at the time or at all with them.

but I no the police have had insurance proof handed in

so my legal cover have told me I have to sit back and wait for them to recive letters back from police and dvla to find there relevant information on who he was insured with which has been ages now as accident was in january but they keep telling me all I can do is wait

also I do not think it would go 50/50 as he clearly went into back of my car on a corner the damage will show that and the fact it happend on a corner and the front end of my car is undamaged and then theres evidence of where the cars ended up also i feel I have a strong case

also thankyou for all helpful comments will definatly be putting a letter in to chief constable for details of this persons insurance company and the reasons why I need that information

data protection act


Under the Data Protection Rules, even if they have his address or other relevant personal data, you are entitled to obtain that information from them under Section 35 (2) of the Data Protection Act if it for use for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or for the purpose of obtaining legal advice, or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

so seems I do have rights to this information

Moley

iTrader: (9)

If you're claiming off of him it doesn't matter if your TPFT or fully comp, it's still a non-fault claim (at the moment) that you can claim for.

And now his friend is claiming against you, it could go as your fault unless you get it sorted

max1342

doing everything I possibly can beileve me

my insurers have bassically told me all they want is a statment and evidence to defend the whiplash claim his friend is making they have made it clear they have no legal obligation to make a claim agaisnt the other driver or help me with my case they just wish to defend themselfves agiasnt any claims that is all they will do

my legal cover will not do anything else untill relevent people have got back to them

phoned them both till ive ran out of things to say so dont really see what else I can do ?

bassically my legal team have told me they would normally do insurance check on veichle phone the company that comes up and make a third party claim agaisnt him but the insurance companies that have came up for that car will not say that he is on a insurance policy with them they say he is not

hence untill they have his insurance company they cannot nail him and make a claim

they also say its tricky because there are two policys on the car and each are saying to ring the other one and so forth so annoying

Moley

iTrader: (9)

Sounds messy. Shouldn't be taking so long though.

Keep pestering your insurers to get it sorted

max1342

im just worried something is dodgy or wrong his mate was quick enough to find my insurance company yet I am unable to pin point his

nothing about it adds up or makes sence and all I get down the telephone is you have to wait for that , we will get back to you , or we have sent letters now we have to wait for replys and process can take along time

sent you a pm moley if you would be so kind to have alook , and next time im going with you fc so they can sort stuff like this out

I no I should still be able to claim being tpft but still need his insurance details to do so you would think my insurance company would be more helpful finding out who this clown is insured with but they have no interest in the matter and legal advise team just want to write letters

mestonian

Been in this situation myself previously, i feel like i shouldnt tell you what happened but i will anyway... Approaching giratory, everything clear, car in front of me set off to go, i looked right, nothing coming so set off, and bang, the car in front of me had stopped in the 1st lane of the 3 lane giratory for no reason whatsoever. Anyway, my car was crumpled at the front end, his car (ford focus) not a mark on the rear, he was an afro caribbean gentleman with hair down to his **** and couldnt speak a word of english, however as soon as i hit him he got out of the car with a pen and pad (who carries those round?!) and kept saying "insurance details", that's the only english he knew apparently. I contacted the council to get the CCTV footage of him just stopping in the lane, they wouldnt provide it unless the police contacted them, i asked the police to do so, and they did.... however after the 60 days it took for them to contact the council the CCTV footage had been overwritten apparently. Anyway, next thing was a letter through door for 5 x whiplash claims, that will be the driver and none existant 4 other passengers, needless to say after many lengthy telephone conversations with both mine and his insurers, they paid out on 5 claims, and the woman at HIS insurance company said she sympathised with me and there wasnt much that could be done. I'm still paying for all of the above to this day, and it infuriates me no end. You need to be on the ball mate, and make sure you do everything you can and badger everyone you can until this is sorted in your favour, otherwise the way british insurers work in my experience leaves you in an unfortunate position.

M4RKG

iTrader: (22)

... with regard to the police, they will do all their checks they need to, to assure no laws have been broken (correct insurance in place, MOT, road tax and roadworthyness), but after that they wont care nor want to bother dealing with it as it is a matter for insurance companies to decide fault/non-fault... but as above, Moley's the man for insurance advice

Davey L

iTrader: (3)

One of the reasons i have one of these fitted http://dogcamsport.co.uk/roadhawk-rh2-twin-camera.html
Not needed it yet but better safe than sorry

max1342

I understand what your saying but ive been taken from the accident in a ambulance so do not have any information regarding his policy.

contact my insurance company and bassically get this

Know what you are covered for

Third party, fire and theft cover will cover you for fire damage and if your vehicle is stolen. It might seem like a very obvious thing to say, but a lot of people do not know what TPFT covers them for and it is better to know up front rather than thinking you are covered until something happens.


If you are in a non fault accident, your insurer will not assist

A very common mistake is for people to think that even though they have TPFT cover, if you are claiming against another insurance company, your insurer will help you. Your insurance company will cover you for what it states on your policy. If they can then claim the costs from someone else then they will try to, but they will not provide support that is not covered in your policy. Some insurers/brokers will have agreements with claims management companies like drive assist, ai claims solutions or albany assist who can look to assist you, but because they are private companies, they will have their own criteria. Often one criteria is going to be ages based, so if you are under 21, you may not be able to get assistance and if you are 17, it is very likely that you will be rejected.


so they will not assist

so passed onto legal team who have written to police and dvla

so been in a accident thats not my fault taken from accident with no information also again not my fault now im left to pick up the peices?

if so if your in a car accident make sure the person gets hit hard enough to warrent a ambulance and doesnt get your details and happy days they cannot trace you!!!

as this is whats happend to me and i feel it is wrong in so many ways i feel let down by my insurance let down by my legal cover and let down by the police

definatly going to look into one of those davey , but I would still be in same situation as i would still be without his insurance details

M4RKG

iTrader: (22)

Whos your insurance company as they sound ****?!

If youre in a non-fault accident on a TPFT policy your insurance company will still assist, especially if you have their legal cover!

max1342

no problem at all telling you who im with as im fed up

aviva

M4RKG

iTrader: (22)

Aviva?! Suprised at that like... sure you havent just spoke to a numpty that didnt know what they were talking about?

With regard to your legal assistance, I would approach a "no-win-no-fee" solicitor to seek help and a 2nd opinion, we've got a decent one up here in Newcastle called Winns Solicitors (pretty sure theyre actually linked to the company Moley works for????)... heard decent things about them

Broxi

iTrader: (11)

while at the age of 19, it is unusual to have a Policy which allows you to drive any other vehicle not owned by you, but it does happen.

So what my thinking is, he has a policy in his own name on a Saxo or something. and His Dad is on the Scooby Policy, He is driving the Scooby using his Saxo Policy.

So when he goes to the police station he produces his Dads Insurance. and His, where his policy states he is covered to drive any other vehicle for third party risks only.

The only way u can claim is to trace him somehow, and get the details of the policy he was covered on.

Where you say it's His Subaru, you need to remember it clearly States on the V5c, that Proof of Registration is Not Proof of ownership.

allsop83

iTrader: (9)

Contact "Accident Exchange" - mate of mine was in a similar situation and they sort it all out for you

Moley

iTrader: (9)

Winns are very good, and may be able to help

deepy

iTrader: (1)

Why are your "legal team" messing around pursuing an insurer that may or may not have insured him? If the information isn't forthcoming then tell them to get off their asses and pursue him. If he did have valid insurance he'll soon provide details with the threat of a claim being made against him.

Sti Addict

My sympathies mate, I recently quit working for them as I couldnt handle ripping people off anymore.

They still owe me £700 in wages.

fitzscoob

If you want the police to pay a visit you're well within your rights to make an allegation of dangerous driving against the person in question. By law they have to follow this up, and normally its a visit.

Although that wont sort out your insurance woes, it will cause him some issues.

After that, I'd suggest starting small claims proceedings if your insurance company are proving to be useless. Admiral kept me going for 2 years, cocking around giving all sorts of **** advice until their legal eagles advised me to "give up".

I opted for small claims and for the sake of £25 I think it was at the time, I got all my money paid back in monthly installements, and he got a nice CCJ as well.

Pong

iTrader: (2)

This only applies if the other vehicle (in this case - Subaru) is not in his own name.

bren@apex

iTrader: (20)

Someone pulled out in front of me and totalled my *just* finished STi6 (I was actually on my way to have the alignment set, the last job on a car that had just been built with forged Zen 2.5 amongst many many other mods). Blatently his fault.

Still took 12 months due to incompetance on my insurers side (writing to the wrong address to get my witnesses statement, saying they hadnt recieved documents Id 100% supplied etc) and then incompetance on the other insurers side and finally with the other driver being a lying c@nt and saying I was indicating when I wasnt.

You need to push your insuers HARD, everyone involved in the insurance industry appears to be a joke to keep pushing pushing pushing.

Find out what info your insurers wanted from the police and write to you themselves. Write to the DVLA yourself etc.

Push push push, keep pushing.

stevebt

iTrader: (8)

Get in touch with a no win no fee type solicitor as they will sort you out. I have been bumped a few times for the excess when going direct thru the insurance company.