12 Sept last year, driving on a public road in town when a car came from my left from behind a bush and drove straight into my car. I had braked almost to a standstill but the centre of the car hit the offside front corner of the black Skoda Octavia. I was on the main road and the Octavia had just come from a car dealer's forecourt. The car was for sale on behalf of the owner and the car had been taken with a second set of keys by a friend/employee of the owner. The car broker did not see any of this.
I had stopped and was getting out when the driver said he would park up and we could sort it out. By the time I was out of my car, he had driven away at speed. I collected broken bits of his Skoda and put them in the boot. A mechanic was standing outside a garage opposite having a ciggie, saw what happened and came over. He said the car had been for sale by the broker so I went to speak with him.
The broker refused to give me the owner's details but said he would contact him. He tried unsuccessfully several times by phone but got nowhere until he told him by a message that I had involved the police. Around 40 minutes later a blue BMW turned up and the driver spoke with the broker. He came over and asked what was going on. He said the Skoda had not been in an accident but it was the blue BMW. So I told him he was wrong and inspected the BMW which of course had no damage.
I asked if he was the owner of the Skoda and he refused to answer. I asked for his name, address and insurance company and again he refused. He said he was driving the BMW and as there was no damage he was leaving. I told him the police reference number and said they were coming to investigate. With the help of the broker and my wife (who is far less aggressive and impatient than me) we got the details except he refused to give the registration number of the Skoda as it had not been in an accident. I showed him some of the parts but he got in his car and drove away. He also refused to say who was driving the Skoda - it was not him. It took a number of calls to the owner to give us the registration number of the Skoda and only when I told him the police were asking for it. Even then he maintained he was driving and it was the BMW and as there had been no damage essentially that was that.
The broker told me the car was for sale through him but that the owner had sold it first and had taken it as he didn't want to pay the sales and advertising charges.
I was told to produce all the documents at the police station which I did. I later got a call from a traffic officer who listened to the story then said the police would not get involved. Hmmm.......
So, I made the claim through Equity Red Star (ERS) who in turn passed it to Enterprise Accident Management. After 6 weeks they got nowhere. They said that the other party's insurer, Privilege, had not responded to the claim. They pressed Privilege and eventually got the answer that their client had failed to report the accident or answer their letters, email or calls. As Privilege were not admitting liablilty they could not pursue the case. I was returned to ERS. They too had the exact same difficulties so I made the claim for the damage to my car through them but it would cost me my excess of £250. I gave the go ahead as I had been without my car for more than 10 weeks. The car was taken to a specialist repairer in Sheffield used to dealing with insurance claims. ERS agreed the quote and the car was repaired in early December.
After many calls, ERS agreed to recover the excess from Privilege on my behalf and so in January I waited for news. ERS paid the garage invoice on the 13th February and claimed against Privilege. Privilege never responded (or so ERS say). More calls and more promises but no sign of my £250. So today I kicked off and the recovery team employee said Privilege had not responded to them but to simply acknowledge the claim. She said she would immediately instruct their solicitors to recover the claim and my excess. I have today received an email stating this action.
There were a number of traffic offences but as is the norm here in West Yorkshire, nothing was done.
The owner and driver were guilty of a number of offences but they have got away with it.
The other party failed to notify his insurer or respond to all communications.
Privilege have largely ignored the claim from the outset or communicate with Enterprise or ERS.
ERS have been remarkably useless in chasing this or progressing the claim.
Only now after 7 months have they decided to inform their legal department.
For info, I have the collision on my dash cam in full and clear colour footage which ERS have seen and passed to Privilege. I have also given ERS the names and addresses of the witnesses.
So my question is: what else can I or should I do to try and get my excess back?
I had stopped and was getting out when the driver said he would park up and we could sort it out. By the time I was out of my car, he had driven away at speed. I collected broken bits of his Skoda and put them in the boot. A mechanic was standing outside a garage opposite having a ciggie, saw what happened and came over. He said the car had been for sale by the broker so I went to speak with him.
The broker refused to give me the owner's details but said he would contact him. He tried unsuccessfully several times by phone but got nowhere until he told him by a message that I had involved the police. Around 40 minutes later a blue BMW turned up and the driver spoke with the broker. He came over and asked what was going on. He said the Skoda had not been in an accident but it was the blue BMW. So I told him he was wrong and inspected the BMW which of course had no damage.
I asked if he was the owner of the Skoda and he refused to answer. I asked for his name, address and insurance company and again he refused. He said he was driving the BMW and as there was no damage he was leaving. I told him the police reference number and said they were coming to investigate. With the help of the broker and my wife (who is far less aggressive and impatient than me) we got the details except he refused to give the registration number of the Skoda as it had not been in an accident. I showed him some of the parts but he got in his car and drove away. He also refused to say who was driving the Skoda - it was not him. It took a number of calls to the owner to give us the registration number of the Skoda and only when I told him the police were asking for it. Even then he maintained he was driving and it was the BMW and as there had been no damage essentially that was that.
The broker told me the car was for sale through him but that the owner had sold it first and had taken it as he didn't want to pay the sales and advertising charges.
I was told to produce all the documents at the police station which I did. I later got a call from a traffic officer who listened to the story then said the police would not get involved. Hmmm.......
So, I made the claim through Equity Red Star (ERS) who in turn passed it to Enterprise Accident Management. After 6 weeks they got nowhere. They said that the other party's insurer, Privilege, had not responded to the claim. They pressed Privilege and eventually got the answer that their client had failed to report the accident or answer their letters, email or calls. As Privilege were not admitting liablilty they could not pursue the case. I was returned to ERS. They too had the exact same difficulties so I made the claim for the damage to my car through them but it would cost me my excess of £250. I gave the go ahead as I had been without my car for more than 10 weeks. The car was taken to a specialist repairer in Sheffield used to dealing with insurance claims. ERS agreed the quote and the car was repaired in early December.
After many calls, ERS agreed to recover the excess from Privilege on my behalf and so in January I waited for news. ERS paid the garage invoice on the 13th February and claimed against Privilege. Privilege never responded (or so ERS say). More calls and more promises but no sign of my £250. So today I kicked off and the recovery team employee said Privilege had not responded to them but to simply acknowledge the claim. She said she would immediately instruct their solicitors to recover the claim and my excess. I have today received an email stating this action.
There were a number of traffic offences but as is the norm here in West Yorkshire, nothing was done.
The owner and driver were guilty of a number of offences but they have got away with it.
The other party failed to notify his insurer or respond to all communications.
Privilege have largely ignored the claim from the outset or communicate with Enterprise or ERS.
ERS have been remarkably useless in chasing this or progressing the claim.
Only now after 7 months have they decided to inform their legal department.
For info, I have the collision on my dash cam in full and clear colour footage which ERS have seen and passed to Privilege. I have also given ERS the names and addresses of the witnesses.
So my question is: what else can I or should I do to try and get my excess back?