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Insurance problems after a non-fault crash
Whilst driving my Honda Civic (having comprehensive cover for his own car but driving mine with my permission and covered third party by his insurance company), my husband was shunted twice from behind, in a queue of traffic on an incline with his handbrake on.
The driver of the vehicle involved, an oil tanker, immediately admitted fault. He said he only had half a load of fuel and when he stopped suddenly the fuel had "sloshed back" and then forward causing his vehicle to hit mine which was then repeated.
An estimate for a new tailgate and bumper was duly sent. The company's insurance provider now says the tanker driver claims my husband rolled back into him!
There were two passengers and their five year old son in the car who were all thrown forward. Unfortunately my husband's insurance company says it can do nothing to help as third party only covers him if he was the one at fault and this is not the case.
There is no claim from the other party. What can we do now? We have a horrible feeling they are just going to get away with it and I am going to be left with the damage to my car. It is 2002 reg. 67,000 miles.
The driver of the vehicle involved, an oil tanker, immediately admitted fault. He said he only had half a load of fuel and when he stopped suddenly the fuel had "sloshed back" and then forward causing his vehicle to hit mine which was then repeated.
An estimate for a new tailgate and bumper was duly sent. The company's insurance provider now says the tanker driver claims my husband rolled back into him!
There were two passengers and their five year old son in the car who were all thrown forward. Unfortunately my husband's insurance company says it can do nothing to help as third party only covers him if he was the one at fault and this is not the case.
There is no claim from the other party. What can we do now? We have a horrible feeling they are just going to get away with it and I am going to be left with the damage to my car. It is 2002 reg. 67,000 miles.
Asked on 10 June 2013 by Hazel Leahy
Answered by
Honest John
First, make absolutely sure that your husband was covered by his insurance to drive your car. This benefit has now been withdrawn from most car insurance policies. If you are sure he was insured, then take the case straight to court using www.moneyclaim.gov.uk and sue the driver of the tanker, repeating what he told you at the scene.
I think he has been set up by a dodgy broker here, or by his employer, and I don't think he will lie in court and risk a 9 month sentence for perjury.
I think he has been set up by a dodgy broker here, or by his employer, and I don't think he will lie in court and risk a 9 month sentence for perjury.
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