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Title: How can I force the insurer's hand?

Date: 25 November 2015

Question

Help please from a regular reader! I was involved in an accident in August. I lost it on some rubble that came off a trailer being towed by a transit up the A3. Two cars were also involved, having hit debris themselves. The police did not come to the scene (do they attend anything these days?!) but oddly the Highways team did and they have a report filed confirming the cause as the debris and have the offending vehicle on CCTV.

I contacted the company who owned the van and they said they were aware of the situation and provided me with some insurance details which it turns out was an expired policy. I think it was their public liability insurance as my insurance company has found a different insurance policy covering the van they own. My insurance company tells me the van’s insurer is refusing to cooperate because their insured did not report an accident to them.

I am concerned and frustrated as my insurance company don't seem to be taking it any further and I don’t want my no claims affected as this was not my fault. My insurance company did repair my bike quickly. I do have legal cover through MCE but as I am not claiming compensation for injuries they do not seem to be interested either.

Is there anything I can do to pursue this ?

Guzzi 81, by e-mail

Answer

If you or your insurer has the registration number of the vehicle to blame then a simple Motor Insurers’ Database (MID) search can be run in seconds to find out the identity of the
insurer assuming a valid insurance policy was in place.

It is the motor insurer that will be responsible for the settling the claim not the public liability insurer. You say that the other party's insurer will not deal with the matter in which case your insurer should appoint solicitors and commence court proceedings against ideally the driver and the insurer, the latter of which can be done pursuant to European Regulations. Once it is in the hand of your opponent's solicitors which it will be once court proceedings are underway, they should take a sensible view and settle the claim, especially if there is CCTV of what happened.

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