Volvo V40 - collision with my parked car - how to recover exce

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Sat 11 Dec 2010 00:50
Volvo V40 - collision with my parked car - how to recover exce - erratticus

Someone on their way home had a stroke, collided with my parked car then a lamppost. Police/Fire/Ambulance attended. I was told by a neighbour (who had heard the bang & my car alarm) on my return from work, got the details from the police. Now have the car back from my insurers repairers. Had to pay £250 excess, as the other drivers insurers are not admitting liability.

My insurer (Churchill, fully comp, inc legal assistance) doesn't seem very proactive, their liability department seems to reckon that it unlikely 3rd party will admit it, and seemingly have had no success in contacting other insurer (Zenith) who apparently "don't deal with 3rd parties" (does that mean I have to deal with them?)

Seems very wrong to me. I've had no vehicle for a month, incurred travel expenses, etc. I am wondering what the point of fully comp nsurance is if I'm liable?!

Is there some way I can get the costs back? I had kinda hoped my insurers would do this!

Also seems a good excuse (crash into someone, say you blacked out, hey presto you aren't liable).

cheers,Howard

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Sat 11 Dec 2010 05:59
Volvo V40 - collision with my parked car - how to recover exce - Falkirk Bairn

Your "legal assistance" policy should have kicked in if the 3rd party insurer is ignoring you still after a month or so.

1st step - write down your current position - excess, out of pocket expenses etc etc

Send this with polite covering letter with their reference number etc, recorded delivery to 3rd party insurer and ask for a reply within say 14 days.

If, after say 1 month more you have heard nothing take a small claims court action for the money you are out of pocket.

Many years ago if someone died at the wheel the insurer walked and claimed they were not liable - not the case these days.

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Sat 11 Dec 2010 10:14
Volvo V40 - collision with my parked car - how to recover exce - rjr

The 3rd party's insurers are only liable if it can be proven that their client was negligent. In this case the OP would have to demonstrate that either the 3rd party had a history of stokes or was feeling so unwell before getting in the car that they should have known it was not safe for them to drive.

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Sun 12 Dec 2010 07:47
Volvo V40 - collision with my parked car - how to recover exce - LucyBC

The 3rd party's insurers are only liable if it can be proven that their client was negligent. In this case the OP would have to demonstrate that either the 3rd party had a history of stokes or was feeling so unwell before getting in the car that they should have known it was not safe for them to drive.

Little know insurance fact this but absolutely correct. We get 2-3 every year.

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