Insurance and NCB - blame disputed - GJD
Hello all

Recently another driver hit me a glancing blow as she emerged from a side road. I have a dent but she says the cars never touched, so our insurance companies have two different stories.

My insurance company now says that to progress matters I need to get the damage repaired so they know the cost they are trying to recover (I am fully comp covered). I'm reluctant because if I do that and don't win the argument (or it goes 50/50), I lose my NCB.

My question is this: Is it normal to have to know the precise cost of the damage before being able to determine who is responsible? Seems to me that those are two completely independent questions, but I'm no expert in the field.

If I have no other option, I'll keep the dent and keep my NCB. If anyone has experience or knowledge about this sort of thing, I'd be interested to hear it.

Thanks
Gavin Deane
Insurance and NCB - blame disputed - Happy Blue!
Gavin,

I am not expert, but would have thought that if you were prepared not to have the dent repaired immediately, then you could simply sue the other party directly.

You should be able to find a no win no fee lawyer who will take this on, or you could go to the Small Claims Court yourself. All you would need would be an estimate of the cost to repair the damage and a Statement of Truth.
--
Espada III - well if you have a family and need a Lamborghini, what else do you drive?
Insurance and NCB - blame disputed - Greg R
Also, approach the Financial Ombudsman if you are unhappy with their decision. They can help you if necessary.
Insurance and NCB - blame disputed - Ex-Moderator
but she says the cars never touched


Any witnesses ? Did she stop at the time ? If there was no collision, why did she stop at the time ? If she did not stop, then has she said anything at anytime different to the story she's given her insurer ?
My insurance company now says that to progress matters I need
to get the damage repaired so they know the cost they
are trying to recover


I've got a pint says that question was not asked by your insurer. Perhaps by your broker, but more likely by whoever is responsible for your legal assistance cover.

It is neither usual nor unusual. Neither, unless actually in court, is it relevant. It would be an unusual approach for an insurer pursiong an insurer, it would be fairly normal for someone pursing an individual.

I suspect that they are attempting to pursue the lady herself and are effectively threatening/intimidating along the lines of "send us a cheque for £x or we're off to court/baliffs/debt recovery etc. etc.)

A major point to make is that if she sticks to her story, then you will lose. Even if she were to concede that the collision occurred, then you'd have to prove it was her fault. And I suspect that this incident was in traffic, so you'll struggle. And if fault is anything other than 100% hers, you will lose your bonus.

Is there any physical proof of the collision ?

Unless you have more details about conversations at the time of the incident, or witnesses, then its not a good outlook.

Frankly I'd probably cut my losses and withdraw my claim if I were you - and your insurer should allow you to do so since as she says there was no collision, it will not result in a later claim for them. Uless of course it has already cost them money, in which case they might be funny about it.

Some people will no doubt advise county courts, solicitors, nasty letters, whatever - I still think you'll lose, and you'll suffer a lot of stress doing so. Actually you probably won't lose, but you'll fail to win.

If all you've got is you saying an accident occurred and her saying it didn't, it will go no further whatever you do. The one exception beiung if you manage to intimidate her into beliving that the consequences (CCJs, Debt recovery, Baliffs etc. etc.) will be difficult if she does not admit the incident and pay - it works for a lot of debt recovery companies, it might work for you.
Insurance and NCB - blame disputed - GJD
Thanks for the comprehensive answer Mark
>> but she says the cars never touched
Any witnesses ? Did she stop at the time ? If
there was no collision, why did she stop at the time
? If she did not stop, then has she said anything
at anytime different to the story she's given her insurer ?


No witnesses :(

100 yards down the road I stopped at the traffic lights. She stopped behind me and I got out and talked to her. She accepted she was wrong to emerge at me, but claimed we never touched. I think she was surprised when I said we did. Her story has been consistent throughout.
>> My insurance company now says that to progress matters I
need
>> to get the damage repaired so they know the cost
they
>> are trying to recover



A major point to make is that if she sticks to
her story, then you will lose. Even if she were to
concede that the collision occurred, then you'd have to prove it
was her fault. And I suspect that this incident was in
traffic, so you'll struggle. And if fault is anything other than
100% hers, you will lose your bonus.


Not in traffic actually. It was in the estate where I live, away from the main road, with no other cars around. She came out of the side road (which was on my right) without looking, intending to turn right. When she saw me late, she turned hard right and the nearside corner of her front bumper rubbed a glancing blow on my offside rear door, denting it.

I felt the contact and heard the squeak, but it wasn't dramatic. I can believe that she felt nothing as the corner of her car rubbed mine.
Is there any physical proof of the collision ?


Only the dent, which could have been there before. I know it wasn't, but it's only my word against hers on that.
Unless you have more details about conversations at the time of
the incident, or witnesses, then its not a good outlook.
Frankly I'd probably cut my losses and withdraw my claim if
I were you - and your insurer should allow you to
do so since as she says there was no collision, it
will not result in a later claim for them. Uless of
course it has already cost them money, in which case they
might be funny about it.


My insurers are quite happy for me to withdraw the claim if I want to. I've been careful to always keep that option. Just a little irritating that I now have to take it. It's not a big enough issue for me to take up the case against her personally.