My husband is self employed. He was involved in a collision with a Honda Civic which wrote our van off. Husband was pulling out of a side road into a main road (to turn right) when the Honda was proceeding from the left (an open and shut case - my husband to blame 100%?). My husband did check the junction before pulling out, parked cars on his right, didnt see this car. My husband injured in accident.

Third party did not (and has never) reported this accident to his insurers. I have reported this to his insurers because we are counterclaiming. My husband devastated that 1) we are only third party, fire and theft cover so therefore van is gone and we need to buy a new one for our business to survive; 2) he couldnt understand why he didnt see the driver and why the driver did not see a great big Merc Benz Sprinter coming out!

Our insurance company sent a letter saying that it was an open and shut case and my husband has to admit 100% liability. The third party had not notified his insurers but within 24 hrs went to a Solicitor suing for personal injury!

I obtained some cctv footage of the accident which shows the accident very clearly. The third party does not make any attempt to brake and in fact the van brakes his journey. He was speeding at least double the speed limit and was using his phone (which explains why he didnt see the van or indeed brake).

Contacted our insurance company and forwarded a copy of the cctv to them.

Spoke to third party insurance company, informed them of the cctv and of course they wish to see it. They have phoned, emailed and sent a letter to their client asking him to confirm that the accident actually happened and to get his side of the story. They have received no reply. His insurance company told me that they aim to settle claims within a 3 month period.

My questions are:

What happens if they cannot contact their insured?

I have managed to get the email address for the third party driver involved (I feel like sending him a message telling him that we have him on cctv speeding, and using his mobile phone and for him to get in touch with his insurance company so that this matter can be sorted out! - Accident happened middle August, its now November)!!. Shall I do this?

Can I show the police the cctv and have him prosecuted? The police did attend the scene but obviously we didnt have this footage available at the time. There is also an independent witness in relation to the speed factor.

Any advice you could give would be greatly appreciated. Feel as though I am banging my head against a wall, this matter is not being progressed by our insurance company or the third party driver and we are still without a work van (my husband using my car and relying on lifts from family and friends).

Thank you very much