Car Accident - No witnesses, different stories, 3rd party claim

[MadRue]

Hello all, I really don't know what to do with this.
In December 07 I had my first car accident and the liability has been in dispute since.
I turned into a slip road and past some off road parked cars on a corner that obscured my view of the road ahead. There was a parked car on the opposite side of the 2 way carriageway. When driving past the off road parked cars, I was faced with a Land Rover partially on my side of the road. The lady driving the Land Rover must have been steering around the parked car on the other side to me. There should have been enough space for both of us to pass safely with the parked car on the road. She had obviously pull out too far to pass the parked car and so causing the accident. We were both driving at about 20mph and both of us had no time to react at all. Both vehicles were so badly damaged they had to be removed. Neither vehicle are insurance right offs.

The police were suspicious as the Land Rover had come up on their system as not insured or owner by her. She claimed at the time to have Comprehensive insurance for another car that would cover her for this vehicle. The police report states that she had recently sold/purchased the vehicle. The police told me at the time that I would need to request a copy of the police report in order to get the drivers details. On trying to do this, I have been told this is not possible due to the data protection act.

The problem I have is that there were no witnesses and I am 3rd party fire and theft. My insurer, Direct Line, have declared they are to not get involved in any way what so ever. I have tried many times for them to help but they have declined involvement. I am in frequent contact with the insurance company of the vehicle. I claim I was on my side of the road and the other vehicle was on my side as well causing the accident, and they claim I was on the other side of the road and so was the other vehicle. (the oposite to my version)

The strange thing is that they claim it was a man driving yet it was a woman as the police report states. I have tried requesting the insurance policies of both the driver (a lady) and the insurer of the vehicle (a man). They rejected this request.

Any ideas what i can do?
I can't afford solicitors.

[SiM]

No win no fee solicitors?

[staffsMike]

Did you not get details at the scene? That would prove who was driving.

Also the police report will prove who was driving. They don't have to show it to you but surely it could be used in court.. else whats the point in it being there.

Make sure you draw a clear diagram of what you say happened as well. Pictures avoid confusion. If the cars were on your side were off the road meaning your carriageway was clear and the obstruction was on her side then obviously you have right of way. There doesn't sound like there could be any reason for you to be on her side (the wrong side as I understand it) and a picture (as well as that police report im sure) would clearly suggest which side you were on, as all the damage and where the cars ended up are a direct result of how the accident happened.

[kalniel]

Why aren't your insurers sorting this out? Tell the other persons insurance company to deal with your insurance company.

[MadRue]

Direct wont get involved at all because I am 3rd party, that is their policy.
I may have to try no win no fee solicitors but without witnesses I am sure they will not bother with it.
I didn't get details at the time because the police told me to get them from the police report at a later time. Incorrect information as I have come to find out.

Could the lady driver have not made any claim and asked the vehicle owner to claim he was driving? Afterall, this is what his insurance company claim, that he was the driver yet the police report states its a woman.

[staffsMike]

Well what have the insurance company said when you point out to them that there is an obvious lie in their claim?

[GoNz0]

go back to the police and report this as fraud m8, they will have to dig out the reports and take the case on then.

although they may not disclose the info to you, they have to act on this.

[joshwa]

Has your insurance premium gone up as a result? Have they claimed against your insurance? If she was driving without insurance, then she may not want to get insurance companies involved?

Have you had your car fixed yourself?

[kalniel]

Direct wont get involved at all because I am 3rd party, that is their policy.

You have third party insurance.. but there was another car involved - therefore aren't they a third party to you, and you a third party to them?

[Rave]

w00t!

[staffsMike]

You have third party insurance.. but there was another car involved - therefore aren't they a third party to you, and you a third party to them?

Thats what I thought, obviously they won't pay for the damage to your car but they will have to pay for the damage to their car if it's seen as your fault.

It's in their best interest to get involved now, since this is evidently fraud and they will get out of paying anyway out lol