Hi

A delivery driver using his own vehicle reversed into my car whilst it was parked at my place of work. Driver admitted liability, his insurance company admitted liability but they kept messing myself and the garage around with booking a date for my car repair. On the advice of my motor legal people, garage and my own insurance, i requested that they pay me the money so i could arrange repairs at my convenience.

I then received an email from them offering their direct service to repair my vehicle but i said i wasnt prepared to be messed around anymore so said again would prefer money paid direct to me. Then 5 hours later i receive another email from them claiming they were now article 75 and would not pay any costs as their policy holder didnt have the correct insurance!

Having spoken with my legal people they explained that the insurer would have to go to court to be granted article 75 by a judge which they couldnt have done in 5 hours but the insurer said they are automatically article 75 when the policy holder had the incorrect insurance.

I work for Direct Line, my own insurance say they are talking rubbish as do the Motor Insurance Bureau and that they are responsible for a third party claim. They never found out that their policy holder didnt have the correct insurance until 4 weeks after the incident.

I contacted the Ombudsman but they said they wouldnt get involved as im not a direct customer of the insurer.

Help - where do i stand? Any advice would be greatly appreciated.

Sarah