RTA claim against uninsured driver

  • bkar's Avatar
    Dear experts, I need advice for my accident claim against an uninsured driver. My scenario is:

    a car hit at back of my car when I was on driving. I took the driver details and pictures then I launch a claim against TP through a motoring lawyer. Its been 4 months they only saying "We are chasing 3rd party for damage recovery". Last month I started an injury claim through OIC portal by myself as I felt some shoulder issues, referred to physiotherapy by gp and my therapist told me it was caused by the RTA. However, meanwhile I tried to contact with TP insurer about the delay in getting repair cost. They told me the driver wasn't insured by them who did but car was insured and original owner was not the driver at time of accident. This is why its taking time because of complex issue.
    However, recently I received a call from TP car owner and she wants to settle only my PI claim directly. I asked but she said she has no idea about repair claim status. As her insurer talked to her only regarding PI claim. Now my questions are:
    1. Can I settle PI claim only informally and is it legal?
    2. If I settle what would be the possible outcome of pending repair claim?
    3. Someone told me if I settle it outside TP insurer will deny paying repair cost as well.

    Please I need some expert advice on this matter.

    Thank you
  • 3 Replies

  • Rolebama's Avatar
    I would suggest you pass everything to your own insurer, include a report as to what happened, any witness info etc. Do not settle any PI damages directly with the third party. It is not unheard of for injuries to have more far-reaching effects than originally thought. As for the uninsured driver, have you notified the Police?
  • olduser's Avatar
    I would suggest you pass everything to your own insurer, include a report as to what happened, any witness info etc. Do not settle any PI damages directly with the third party. It is not unheard of for injuries to have more far-reaching effects than originally thought. As for the uninsured driver, have you notified the Police?

    The above is what you should have done in the first place, sorting out the complications is all part of what you are paying for!

    Most insurers these days cover claims involving uninsured drivers.

  • NMNeil's Avatar
    Never ever take any offer to settle except from an insurance company, and even then with caution.
    It won't end well.