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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10225
Experience:  I have been practising for 30 years.
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I have an issue where I had a car accident where I wasn't at

Customer Question

I have an issue where I had a car accident where I wasn't at fault. But the person at fault didn't report the incident. I went through a property wall where the occupants claimed against the commercial vehicle. My father being the policy holder. I have given all my information to the insurance. Photos of other vehicle etc. But the insurance are persistent on telling my father he has to accept the liability else legal action will be taken. They have now sent him a final bill of damages to the wall asking for payment in full in 21 days. Where do I go from here. Thanks keiron
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Are the insurance company dealing with this as though there was no commercial vehicle which caused all this?

Was the incident reported to the police by anyone?

Who reported it to the insurance company?

Which insurance company is it?

Is it a case that the insurance company is simply blaming your father because they think he was the only person involved?

Do you know whether the claim from the property owner against the commercial vehicle has been settled?

Do you have the registration number of the commercial vehicle?

I need to know what exactly the problem is with the insurance company and why they are taking that stance.

Customer: replied 1 year ago.
Thanks for your reply. .
The police were at the scene.
the insurance covering the vehicle is was driving was zenith. Who later told me I wasn't insured to drive it. The accident causer was driving a Renault scenic which zenith stated didn't show on database as insured (from my pictures of 3rd party car. The claimant was the property owner of the wall which has been knocked down. Zenith are badgering my father with fault letters constantly trying to make him sign. Which I tell him not to and I always email Zenith with a reply of were not liable for fault you need to chase the Renault driver. Even with all of her details provided they are reluctant to contact her. Thanks
Expert:  F E Smith replied 1 year ago.

Thank you.

The problem is that if you were not insured for the car, and your father allowed you to drive the car, Zenith will not pay out and if they are forced to pay out, they will want the money back from your father.

As a separate issue, even though you were not insured, you could bring a claim against the Renault driver in exactly the same way as the property owner did. That claim would be the amount of money which your father had paid.

I’m sorry to say that Zenith are actually following the correct procedure because they are not under a duty to deal with the third party if the driver of the vehicle was not insured.

Can I clarify anything for you?

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Best wishes.