Accident with a foreign lorry

I had a coming-together accident with a Polish-registered lorry (driven by a Bulgarian) back in April (Friday 13th!) when driving my "everyday" Jag, and over 6 months later it seems that the foreign insurers have not responded to my insurance company's allegation that the accident was the fault of their driver. Eventually it may end up going to court, but in the meantime, it counts as a "disputed liability" or "unsettled" accident which means my 10 years no-claims on that car will reduce drastically (I did not have it protected) and when renewing any other car insurance, the premiums are higher (although I should get a refund if the claim is settled in my favour, so I'm told).

The accident happened on a large 3+ lane roundabout when the foreign lorry seemed to want to drive straight across and drove into my lane and into the side of me, and I had 2 witnesses who agreed that it was not my fault.

Over the past 6 months I have put up with a rubbish service by my insurers, having to chase them up several times to get them to tell me what little is going, write to and then chase up the witnesses, phone the Motor Insurers Bureau (it should be called Motor Insurers Bureaucracy, they're supposed to hook you up with a UK insurer that deals on behalf of the foreign insurer) when letters failed to get a response. I did complain early on and they apologised and gave me £100, but the service didn't get any better.

So I'm now at the stage when I'm thinking of writing to the (Polish) company who owns the lorry and trying to provoke them or their insurance company to admit liability and just get on with the process of paying back my insurance company (car has already been repaired).

Has anyone been in a similar situation and eventually reached a resolution? If I do decide to send a letter, I am tempted to get it written in Polish and Dutch (it's a Dutch company) to help get their attention. Any thoughts/suggestions gratefully received...

All I can wish you is Good Luck. The rear quarter of my E Class was hit by the front corner of a coach at a roundabout in Cambridge- my wife was driving. The Cambridge coach company, without any supporting evidence, have denied liability. My insurers are hardly chasing it. Deeply frustrating.

Bad luck Dave. I cannot help at all, the only unhelpful information is that some Eastern countries tend to look at things quite differently from the likes of us, adopting the attitude...it's your fault because you were there, if you had not been there the accident would not have happened......

Sorry misread the post. I thought accident happened abroad! Ignore my bletherings, best of luck with the claim.

I did not make it clear, the accident happened in Bracknell on the way home from work.

In all fairness I carnt really see a letter to them changing anything if they aren't responding to a formal insurance company what will be different to a polish / Dutch written from yourself?

Don't get me wrong I feel for you deeply and my views are strong ( not appropriate to write on a public forum ).

I hope you eventually get somewhere and reach justice bud.

Hi Dave

I was hit by a Polish trucker on the M42 on 18th January - damage wasn’t too bad - dented wheel arch and badly scuffed wheel

I still working with Esure to get them to claim of the Polish trucker’s insurance company, even though I provided all the details

My suggestion would be to threaten the insurance ombudsman - insurance companies tend not to like being brought to their attention

I'm with esure too I will have a look at the Ombudsman, thanks

I will have a look at my case history and I’ll pm you

Today I got a text message from esure saying that the claim has been settled in my favour, so I shouldn't lose any no-claims and I'll also get my £200 excess back

So it only took (exactly) 7 months after the accident. It must have helped that I had 2 favourable witness statements.

Good luck with your claim Nigel, I can't imagine the process will get any easier after Brexit

I’ve also been told by Esure that the third party’s insurers are going to “settle the claim, but without accepting liability”

Yeah, right - actually I don’t care, I just want my car fixed - it’s only been ten months after all......

Didn't they fix the car anyway?

No - they are just going to pay me the amount on the proforma invoice I submitted

Good result for both of you.

Reminds me of the problem I had a few years ago when a driver reversed out of a driveway and kept reversing up the street towards me (I was stopped) with me at full noise on my Coupe's horn. Well, they did hit me and caused about A$10,000 damage to the front on my car. Then they denied liability and stated that I drove into them, so I was up for my $500 excess.

Luckily, the then President of my car club was the police officer in charge of Queensland Forensic Crash Unit. He examined my Coupe, especially the angle of the gouge from their tow ball bolt, wrote a personal report, and, hey presto, I was no longer liable for my "excess".

It pays to know the right people!

Got my cheque today, so the Alfa will be going in for some paint pretty soon

Dave - how is your claim going?

My renewal with Esure is on 22nd of this month and I told them I wasn't going to renew unless they sorted the claim (as with you, it was showing as an active claim on my policy and the renewal had almost doubled compared with last year)

If you want to quote my case to Esure and just say "do the same", I'd be happy to PM you my case reference number

My claim is all settled and finished, with the third party admitting liability and paying all costs, including the £200 excess I had to pay when collecting my car after repair. It was just the casual way that I was notified by a badly worded SMS text message, but I just phoned them up to confirm.

BTW if you don't have their direct number it is 0161 862 2016

Esure didn't even bother to tell me - I found out by accident when I rang up the renewals department to tell them I wouldn't be renewing if they didn't sort the claim in the next few days...

As it turns out, I found cover nearly £90 cheaper than Esure anyway - less than £160 for a year's cover