now they have stated that the other driver's insurers have 90 days >>
no idea why 90 days or where it comes from.
even after 90 days they only have to respond if my insurers have incurred a financial loss, i.e. we've gone ahead with the repair >>
seems entirely reasonable.
So let me get this right. If I go ahead and repair, my insurance company pay. >>
Yes
If they then insist on a statement from the other driver, he may well deny liability. >>
Yes
>>In which case, I'll lose my no claims history and it'll cost me a packet come renewal. >>
Yes, if you and/or your insurance company do not sue the 3rd party (i.e. driver/insurer.)
Or I cough for the repairs myself. Can this be right? >>
Yes
Can the other driver refuse to respond to a enquiry regarding liability? >>
He may do so, but you have this protection:
The European Communities (Rights against Insurers) Regulations 2002
www.opsi.gov.uk/si/si2002/20023061.htm
"....
the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person. .... "
"These Regulations, giving effect to Article 3 of the Fourth Motor Insurance Directive, confer on residents of the 15 Member States a new right to issue proceedings against the insurer of the person responsible for an accident in the UK."
You can therefore write to the third party's Ins Co. lodging your claim and giving them 14 days to respond prior to taking your claim to the Small Claims Court. Make it clear that you hold the Ins Co responsible, as per your rights under the above Regs.
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