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[Marks DTM Calib]

Given you are the third party then the excesses do not apply as the payment is from thier insurnace and not yours.

Similarly, your policy should be able to be transfered to a new car

[jimac]

As already said, your insurance company shouldn't need to be involved at all.  You should be claiming damages from the other driver as you were not at fault.

Just because it's a car that's damaged it doesn't mean that your rights are any different from if it was anything else that was damaged.  If he had crashed into your garden fence you wouldn't be claiming from your house insurance, would you?

You should speak to a solicitor if you are concerned that you may end up out of pocket or inconvenienced as that should not happen if the driver at fault is insured.

[russ0205]

well just come off the phone to the insurance company and its a little bit better news, Managed another £150 for my car and transferred the policy to another car,As far as excess goes no joy even as its his fault i still have to pay it and then its up to my legal cover to claim it back (thank god i paid extra). tried to talk to this guys insurance company but they won't talk to me as my insurance is already involved,I have spent most of the morning looking through e/bay autotrader and i have to say they are about right cdx omega is worth jack s...t. Will look around next time but aviva are one of the companies that you have to pay the excess first regardless of blame,

 

[jimac]

OK, this is gonna get messy but it can still be resolved - and you really do need to talk to a lawyer.

Just because you have involved your own insurance (which was your first mistake) it doesn't mean that the other guy's insurers get away with it.  It is true that you can't be compensated twice, but your insurance company will surely want their money back.  The amount that you are out (your excess) will come from the other guy's insurance, along with any other out-of-pocket expenses like car hire, bus/train fares, loss of wages etc. 

If his insurers will not speak to you submit a claim to the guy direct, preferably via a solicitor.  At the end of the day, it is his responsibility to compensate you and he will do that via his insurance.

Do not give up on this. You have right on your side!

[pscocoa]

I think what is happening now is the insurance co are in process of recovering his uninsured losses. If this is happening and he has authorised them to pursue the claim then his insurance co are effectively his agent and that is why guilty party insurance wants to deal with his authorised agent.

He just needs to make sure ALL his losses and expenses are being claimed by his insurance co on his behalf- he should ask about time scale and seek hire car in any event until such time as his uninsured losses are recovered.

[russ0205]

exactly right my losses will come back to me as the other party  has been charged with d/d and my car was legally parked,
Tried my hardest to fight for a hire car that is where there is a pitfall my insurance is pleasure only and not commuting and as i don't work i can't get one that way as swmbo is my carer and she has a car if i hire one then the case may be thrown out on the grounds that i don't need one, Tbh i can do without one at the mo swmbo old scenic is stored at my parents house so i can use it,
Also don't want to take the gamble on having a hire car with the excess they charge if i bump it, as long as i get the full money back then i will draw a line under it. But it just goes to show the true value of the omega, All i can say is be careful to anyone paying £800 on insurance when they value the cars so low being an old git i only pay £250 a year

[zirk]

Personally I wouldn't have contacted my Insurance Co at all, but gone straight to an independent Insurance Assessor, lot more money for you that way. might not be too late to still go down this route?

Sorry to here about your Car though.