Accident- 3rd party trying to get out if it

Gunner786 · 23 Oct 2020 at 11:29

Had an accident where 3rd party opened her door in front of me without looking therefore writing my car off.
I have dashcam footage and got the 3rd parties phone number & name on the spot along with pics of the car.
The car was her husbands and she was apparently named on the policy too.
When contacted by the insurance he has now told his insurance(aviva) that he sold the car. My insurance has requested him to provide a sale invoice if he has sold the car.
Also the point to be noted if he has sold the car how did i get his name and number?
I am a taxi driver and its been dragging on for 3 weeks meaning i have missed 3 weeks of work. I will do loss of earnings but now with him trying to get out of it i could lose out on that too.
What is the likely outcome will his insurance refuse to pay out or what are my chances?

Semple · 23 Oct 2020 at 11:36

Gunner786 said:
Had an accident where 3rd party opened her door in front of me without looking therefore writing my car off.
I have dashcam footage and got the 3rd parties phone number & name on the spot along with pics of the car.
The car was her husbands and she was apparently named on the policy too.
When contacted by the insurance he has now told his insurance(aviva) that he sold the car. My insurance has requested him to provide a sale invoice if he has sold the car.
Also the point to be noted if he has sold the car how did i get his name and number?
I am a taxi driver and its been dragging on for 3 weeks meaning i have missed 3 weeks of work. I will do loss of earnings but now with him trying to get out of it i could lose out on that too.
What is the likely outcome will his insurance refuse to pay out or what are my chances?

Can you not push for a hire/courtesy car? Or is there some sort of exclusion because you use it for business? - What about your own insurance, i would guess you must have some protections in place for example if your car needed quite a bit of repair work that might take several weeks.

Did your dashcam also catch the driver? I can't see how they'd wriggle out of that claim, the claim isn't against the car it's against the driver.

Gunner786 · 23 Oct 2020 at 11:40

Semple said:
Can you not push for a hire/courtesy car? Or is there some sort of exclusion because you use it for business? - What about your own insurance, i would guess you must have some protections in place for example if your car needed quite a bit of repair work that might take several weeks.

Did your dashcam also catch the driver? I can't see how they'd wriggle out of that claim, the claim isn't against the car it's against the driver.

Originally they offered the hire car but because it was quite straightforward at that point i said i want loss of earnings because i thought it would take a week. But now i have told my insurance that i want to claim off my own policy as im fully comp then chase 3rd parties insurance for it because third party is messing about. Im worried about the time off work plus losing my ncb if his insursnce dont pay out

mickyflinn · 23 Oct 2020 at 12:10

As long as there not denying they are the driver at the time they will still have to provide insurance details. Doesnt matter if there sold the car but Unfortunately things can get drawn out especially insurance.

Your just going to have to wait.

IAmATeaf · 23 Oct 2020 at 12:12

Was the insurance valid and active at the time of the accident? Given that you have dashcam footage of presumably his wife as the driver and the car I can't see how they can wriggle out of it.

Maybe his wife is playing away with the buyer of the car? :eek:

Gunner786 · 23 Oct 2020 at 12:34

IAmATeaf said:
Was the insurance valid and active at the time of the accident? Given that you have dashcam footage of presumably his wife as the driver and the car I can't see how they can wriggle out of it.

Maybe his wife is playing away with the buyer of the car?

Yes i went on askmid on the spot before leaving the scene. It was saying insured. Also when i reported it to my insurance the next they they checked and it was still insured. Also few days lster while on call with insurance they checked again and it was still showing as insured.

Scania · 23 Oct 2020 at 12:36

Gunner786 said:
Had an accident where 3rd party opened her door in front of me without looking therefore writing my car off.
I have dashcam footage and got the 3rd parties phone number & name on the spot along with pics of the car.
The car was her husbands and she was apparently named on the policy too.
When contacted by the insurance he has now told his insurance(aviva) that he sold the car. My insurance has requested him to provide a sale invoice if he has sold the car.
Also the point to be noted if he has sold the car how did i get his name and number?
I am a taxi driver and its been dragging on for 3 weeks meaning i have missed 3 weeks of work. I will do loss of earnings but now with him trying to get out of it i could lose out on that too.
What is the likely outcome will his insurance refuse to pay out or what are my chances?

Do you mean she opened her door in your path and you hit it/the car or you swerved and lost control and binned it without making contact with her?

Gunner786 · 23 Oct 2020 at 12:46

Scania said:
Do you mean she opened her door in your path and you hit it/the car or you swerved and lost control and binned it without making contact with her?

Hit her door.

Scania · 23 Oct 2020 at 13:33

Gunner786 said:
Hit her door.

Gotcha.

I was assuming you’d just swerved and binned it.

I’m surprised hitting the door wrote yours off, got any photos?

Gunner786 · 23 Oct 2020 at 13:59

Scania said:
Gotcha.

I was assuming you’d just swerved and binned it.

I’m surprised hitting the door wrote yours off, got any photos?

https://ibb.co/LRMKLCf

IAmATeaf · 23 Oct 2020 at 15:39

Bloody hell, was expecting somewhat less damage than that, what was the other car?

She should be bloody grateful that she didn't get injured due to her carelessness!

I personally hate the current times and how people have changed and refused to accept results of their actions, denial and outright lying seems to be standard behaviour these days. I'm am old man and in the old days people would just accept and own up but now it seems to be a case of trying to pass over some of the blame even though they know they were at fault.

Sorry, mini rant over

Gunner786 · 23 Oct 2020 at 15:42

IAmATeaf said:
Bloody hell, was expecting somewhat less damage than that, what was the other car?

She should be bloody grateful that she didn't get injured due to her carelessness!

I personally hate the current times and how people have changed and refused to accept results of their actions, denial and outright lying seems to be standard behaviour these days. I'm am old man and in the old days people would just accept and own up but now it seems to be a case of trying to pass over some of the blame even though they know they were at fault.

Sorry, mini rant over

Mini cooper lol

Cyber-Mav · 23 Oct 2020 at 16:22

Hang on here. If your involved in a accident and then immediately sell your car then you cant be held responsible for the accident or claim??
How does that work? Usually its as long as the car was insured at the time of the accident then they can pay out. Otherwise its a police case for driving without insurance.
Shouldn't matter who has the car after the accident.
Be interesting to see how this ends seeing as you even have dashcam how can this be refuted?

Rids · 23 Oct 2020 at 16:35

Worst case, even if he did sell the car and the vehicle was then being driven without insurance (pretty confident this isn't the case from what you described, but still) then you can claim from MIB for a collision with an uninsured driver.

Silent Bob · 23 Oct 2020 at 16:38

Sounds like he's trying to spin it that the car was sold before the accident and that someone else was behind the wheel. Doesn't make sense though as the OP has the details of the woman who opened her door on him to cause the accident.

Nasher · 23 Oct 2020 at 16:43

They don't get out of it like that. It isn't hard to disprove it lol

Gunner786 · 23 Oct 2020 at 16:51

Insurance is now waiting for proof of sale from him.
Its an age old excuse used commonly

Cyber-Mav · 23 Oct 2020 at 16:59

Why do insurance need proof of sale? If your caught in the act of shooting someone and have it on video selling the gun doesnt mean you get out of it do you?
Im baffled at this honestly

Cyber-Mav · 23 Oct 2020 at 17:02

What happens if they do get a proof of sale? Do you then claim from the new owner of the car who was not even involved in the accident?

sideways14a · 23 Oct 2020 at 17:03

Lol @ proof of sale.
Er.... i am going to go out and start dealing with my "hit list", once finished i will sell the Uzi i used and i presume i get off scott free?