Accident- 3rd party trying to get out if it

You can check when a v5 was last issued on the gov website, I'd start with a quick look there.
 
Have Aviva been provided your written version of events and the dashcam footage? Did your events detail the conversation you had and describe who it was with, including the photos of the person?

Trying to investigate and prove who the woman was at this stage is futile. Aviva are never going to believe you over their policyholder.

You need to get your insurance company to pursue them as the insurance company covering the vehicle at the time of the accident, regardless of who was driving it. I suspect the wife is not actually covered by the policy and this is why they are making up this story.
 
Gunner786 said:
2nd october
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and have you raised that with Aviva (and your insurance)?

what date did he sell it?

It should be resent within a week, 2 max, so it all sounds like the guy is trying to pull a fast one with his insurance?

but... also, how close to you did she open her door (and is this shown on the dashcam)? if it's within a few foot then her fault, but if it's within enough distance to stop/swerve then i'm fearing this could go 50/50...

was it on trade plates at the time?
 
DereksDontRun said:
and have you raised that with Aviva (and your insurance)?

what date did he sell it?

It should be resent within a week, 2 max, so it all sounds like the guy is trying to pull a fast one with his insurance?

but... also, how close to you did she open her door (and is this shown on the dashcam)? if it's within a few foot then her fault, but if it's within enough distance to stop/swerve then i'm fearing this could go 50/50...

was it on trade plates at the time?
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Dashcam proves liability. But now hes just trying to get away with it. No trade plates just normal insurance i would think. Was coming up as insured. Hes sent in a hand written invoice which my insurance has rejected as not being good enough
 
if there's trade plates then he's got an excuse for no road tax. if there's no trade plates but it's a requirement for his insurance policy, then he's in deeper "problems".

but... if they opened the door but you had time to avoid, then yes, their actions caused the accident, but you had time to stop the accident from happening, so it's potentially 50/50...

dashcam only provides liability if it was an action that you couldn't avoid. say a kid walks out into the road. if it happens within a foot of you then it's their fault and nowt you can do, but if they did that 100m infront of you and you didn't see a kid in the road then 100% your fault. so the timing of the action is important. If you dashcam only shows an open door and not them opening it, then it could be 100% your fault, as you've potentially been driving without care and attention - if that makes sense...

at least your insurance has rejected a dodgy invoice.
 
I didnt think car dealers got a log book as such. I thought when they took over car it went to an "in the trade" flag and didnt increment the number of owners, then when sold outside the trade it would issue a new log book with the +1 owners and the last real registered keepers details. I could be wrong though a far few years since I bought a used motor

Whilst your waiting i would still try to track her down, at least from your own perspective you will know then if she was or wasnt the wife of the dealer. Its going to help you direct your action better, if its his wife you know its him trying it on and can push your insurer for the best actions in this regard, If its not you can assume it quite plausible he did sell it, the new owner could be running uninsured and untaxed, not great news but at least you know its more likely he is telling the truth.

Did they say why the invoice was rejected, hand written is fine, i am guessing paid cash and sold to John Brown or something, no address, that sort of thing?
 
yeah, the dealer doesn't get added to the V5 and the past owners don't get increased. Not sure how the DVLA are informed that it's now in the care of a dealer and no longer "owned" by an individual (presumably this happened back in July?!?)

But, whether that's happens or not, they certainly would be informed that this dealer has sold it and it's now owned by Joe Bloggs with the date of sale (which should be before this incident, over 3 weeks ago). As it's all now done online, it should have been done there and then and reissued by now... as it's not been issued since July I'm guessing it's not been sold...
 
Gunner786 said:
Also i just seen that third party vehicle had no road tax too.
Will that invalidate his policy and give aviva an excuse to refuse to pay out?
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Aviva can only refuse to payout to their policyholder. They are on the hook for all third party claims if they showed up on MID as the insurer for the vehicle.
 
muon said:
Aviva can only refuse to payout to their policyholder. They are on the hook for all third party claims if they showed up on MID as the insurer for the vehicle.
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Correct. I've seen a £20m+ third party claim settled on an invalidated insurance policy before simply because the car was still showing up as insured on MID.

I think you're left with two choices here OP, you either:
  • Let your insurer deal with it, cough up the excess and trust in the process that it'll eventually go non-fault and you'll get your money back.
  • Engage the services of a claims management company, with the inherent risk that entails.
Sucks, but sounds like 3rd party is a bell-end.
 
Rids said:
Correct. I've seen a £20m+ third party claim settled on an invalidated insurance policy before simply because the car was still showing up as insured on MID.

I think you're left with two choices here OP, you either:
  • Let your insurer deal with it, cough up the excess and trust in the process that it'll eventually go non-fault and you'll get your money back.
  • Engage the services of a claims management company, with the inherent risk that entails.
Sucks, but sounds like 3rd party is a bell-end.
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Thats what im doing now. Claiming off my policy and hoping we have enough evidence to make aviva pay out
 
Latest update is

The guy has got the car insured with another company on his own name(proves he is still in possessionof it). My insurance rang the current insurers of the car and its still the same person from the accident. So his sales receipt is proven to be fake in a way.
So he took it off aviva and insured with another company

Only worry is if aviva will wash their hands of this now and say that we are not dealing with this.
We have sent them all this today too so awaiting response.
Can aviva really refuse to deal with us? If they do whats the next logical step?
 
There are 2 seperate cases if they weren't taxed. The insurer will pay out and then chase them for the costs, which could be £10,000s. You wont get to hear about the second part. If there is fraud as well then they are in even more trouble.
 
I don't think Aviva can wash their hands of it but it might take a bit more prodding and poking from your insurance company.

If the car was insurance and valid, regardless if the car was sold or not then they will have accept that they have a part to play.
 
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