Hi and hello to all, 1st post here and was directed to this site from another forum. Basically i need some advice and opinions please regarding my sons minor RTA.
In October last year, my son was stationary at some traffic lights on a main road. It was quite dark, plenty of street lamps on, visability very clear and my son had his lights on etc. The next thing he knew was when somebody drove into the back of his at speed. My 18 year old son who had just passed his driving test 4 months prior (so you can imagine what premium we paid to have him insured fully comp £££££'s).
My son got out of his car, somewhat dazed to see what had happened and what damage had been caused. My son drives a Ford KA and the back end had been pushed in. The other party who had caused the damage was another young lad, not long passed his test and told my son he was sorry and that he had swerved to avoid another car.
My son rang me and i immediately went to the RTA and i got photos of both my sons car and the other lads car for insurance purposes. The lad couldnt remember his insurance company so i asked him if he lived locally which he did. We went to the young lads house as i wanted to double check that he did have insurance and that he lived where he said he did (last person who ran in the back of me gave false name, adress and had no insurance etc so was playing safe this time).
The lads father came out and pleaded with us not to go through the insurance because it would affect his sons premiums when it came up for re-newel. He asked me if i would take the car to his mates garage to be repaired. I was really put under pressure at that time. I told him i would think about it and let him know our decision the day after.
During the night my son woke up with chronic neck pain and i had to take him to the hospital, x-rays revealed swelling to one of his neck bones and was advised to get the police involved. The police came the following day and took a brief statement from my son and did a pnc check on the other car that came back not at the house he took me too ... surprise, surprise.
Obviously and with the police advise we then had to advise my sons insurance of the RTA who arranged to have my sons car taken to be repaired and a curtosy car dropped off. A week later we got a call saying my sons car was ready and we had his access of £350 to pay to the garage before they would release it back to us. I had to borrow the money.
Today we have had a call from my sons car insurance solicitors to tell us that the other party is claiming NO LIABILITY and that she wants to go through MIB which i know wont do anything cause the other party IS insured. What ever happened to going to court to find out or to tell the other party that no matter what, at the end of the day that lad hit my son up the rear end when my son was stationary at traffic lights ? I made my son ring the solicitor back and ask for copies of the police accident report and the letter confirming non liability from them. The solicitor then told me they have not asked for a police accident report ???
At times like this i can understand some people taking a chance and not getting insurance ? Why pay thousands to get cover only to be not covered ?
Any advice would be greatly appreciated and so sorry for such a long post.
Thanks ...
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Did you get legal cover on your sons insurance policy? If not how about home insurance. You could do with legal advice and you my have this covered via home or car insurance.
Best of luck. Someone is trying it on.
If you paid an excess but got your car repaired it sounds like you are fully comp. So the insurer probably willing and able to defend also. It was a rear-end impact after all.
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Hi, yes my son does have legal cover on his policy. Yes my son is fully comp, its my sons insurance solicitors who dont appear to be on the ball with this one.
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If it was an injury RTA the Police will have completed and filed a report. Your solicitors will be able to obtain a copy - at cost. The content and recommendations will save an awful lot of legwork. If the other party has made some kind of statement to the Police then that would be useful as well as the result of the Police investigation/recommendations.
Do you know the details of the Officer that took the report? They have told you the result of the PNC check but that counts for little . Did they visit the house and speak to the other driver, what did he say?
If the other party is claiming 'NO LIABILITY' did you obtain his insurance details? His Insurance company are now required to settle any legitimate claim even if they have not been informed. Some County Court summonses might refresh their memory!
If it turns out the other driver was not insured then you have a claim against the MIB. The MIB will attempt in the first instance to push it back to the other drivers insurance company.
You have pictures which are good evidence, did you happen to capture an image of the other driver?
Sound like the solicitor needs a kick up the bottom.
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This is confusing as the Motor Insurance Bureau only deal with claims if there is no insurance in place...
Have your solicitors checked on the Motor Insurance Database to check if the vehicle was insured, if so they should be claiming against that Insurer.
It is very fortunate that you had the foresight to take photographs etc as evidence.
As the other driver has hit you in the rear the accident is clearly their fault.
It is possible that the other vehicle had insurance but the driver was not named on the policy, if this is the case then he has either driven without insurance and if thats the case the owner of the vehicle has allowed him to in which case they have also committed a crime by aiding and abetting the vehicle to be driven without insurance. If they deny this is the case then the driver simply took the vehicle without the owners consent eg stole the vehicle. So if it is either of these you could go back to the police and they MAY be interested in taking that part further although I doubt it.
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The solicitor we have that has been appointed by my sons insurance doesnt seem to have done a lot. They have not even asked for a police report ??
We have had nothing back from the police either.
My sons insurance solicitor wont talk to me and will only talk to my 18 year old son who is very naieve.
Have just found out from my son that the other lad was also involved in another accident a few weeks prior to running into the back of my son. Apparantly somebody ran into the back of him and he is claiming from the woman who drove into him but refuses to accept liability for running into the back of my son. Great aint it.
If it went to court i would be able to recognise the young lad who was driving if by any chance he had borrowed his dads car without his permission.
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Get a letter from your son authorising his solicitor to deal with you and start kicking some butt!
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