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What is the legal situation now?

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graham51 | 11:24 Thu 13th Oct 2011 | Insurance
7 Answers
I August this year I was involved in a minor incident when a motorist reversed into my car as I was driving past. We exchanged details and went on our ways. I reported the incident to my insurance co. It appears now that the other driver has not reported to his Ins.Co. and I am told he refuses to speak to them when they call him. All mail to him from his Ins. Co. is being returned "Gone Away".
If he continues to blank his Ins. Co. will they by default have to "admit liability" and pay for the repair of my car, or am I going to be left haveing to take the cost on my insurance?
Any other help/advice that anybody can give will be most welcome.
Thanks in advance.
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have you asked you insurance company how it would be dealt with? have you got legal cover with your insurance~?
Question Author
I have been advised to go to one of these "No Win No Fee" solicitors to advance this but not sure how long and how good they are
by your insurance company?
Has the car not been repaired yet, graham51?
His insurers have no liability towards you at all. You have no contract with them and they are not liable to meet your losses under “tort”,

Any claim you have is against the Third Party himself. His insurers have a liability to “indemnify” him (that is, meet the costs of claims) against certain losses but they will only do so if he complies with the terms of his policy. One of those terms will almost certainly be that he informs them of any incidents in which he was involved.

Your best bet is to let your insurers deal with the matter.
Question Author
Thank you all for your comments and advice. Car still not repaired as my insurance company say that until they have response from other party insurance to accept liability they cannot authorise repair.
Again, many thanks.
It is a no claim discount you are given not a no blame discount, your insurer should pay for the repair and try to recover from the Insurer of the other vehicle.

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