Seve88
There is a simple procedure to be followed by an insurance company to obtain a copy of a police report so I dont know why they re saying the cannot get it.
I would suggest you speak with a solicitor to request a copy of the report for you (it cannot be requested yourself) and this may show that the vehicle was unattended.
The procedure for one force is shown below, together with the costs involved, so look up the details for the police force in the area where the accident happened to get their details.
Under the terms of the publication scheme, we are required to provide details of any information that will be subject to charges. Find out more.
www.avonandsomerset.police.uk
Admiral go after the person who insured a vehicle and therefore agreed to the terms of the policy, including the clause that says that you will be held liable for damages caused if there is a drink drive repeated offence involved in the collision.
Therefore I think they were right to go after your dad as they did.... Now they are after you as the driver because the policy holder is dead...... they cannot have it both ways in my view. You did not accept, or I expect were even aware, of the clause on drink driving in the insurance policy so I cannot see how they can hold you liable under it. BUT it may be that they can simply sue you as a person who caused damage for which they have been legally obliged to pay out Under the Road Traffic Act.
If you can show that they were reckless in settling a claim without using due diligence for injuries after you pointed out, as a witness to the event, that there was no one in the vehicle at the time And pointed them to where they could obtain evidence to confirm this (in the police report)
So I would use a solicitor to obtain the police report.
Then write to them pointing out what the report shows about the vehicle being unattended (hopefully)
Challenge their costs, because of the injury element
Ask for a breakdown of the claim they paid out for, demanding to see the 3 estimates that they should have asked for and the hire car charges.
get them to confirm in writing that they are claiming their costs as a consequence of the drink drive clause in their insurance policy with the policy holder.
And I am thinking that when you have confirmation for the last bit, you should point out that as you had never seen this clause in the policy as a named driver that the claim should be taken up with the policy holder - your father - now deceased. On request you will be happy to provide them with the executor of your father’s estate for them to lodge a claim with them for when his estate is distributed. Then, if relevant, you can inform them that there was no executor as your father left no estate of any value....
They may come back to you to say that they disagree and that they do feel you are liable as a named driver. You can just say “see you in court because you have no contract with me.”
Or they may come back to you saying that they now hold you liable as a person causing damage that they have had to make good so irrespective of the merits of the drink drive exclusion clause they will take action against you to recover their costs because of your negligence......
You do all these stages with a gap in between each one. Don’t rush into replying, leaving several weeks in between each contact with them.
If you get to the last bit I mentioned when the 6 year period to commence proceedings in civil court are up, uyou just tell them to get stuffed, they are too late.
If you get to the last bit and they still have time to take action, you take the initiative and threaten to make a complaint to the Insurance regulatory body for misrepresenting their claim as being in breach of their insurance clause on drink driving and that they have not done what they should have done by claiming against the policy holder.
That should take you to the 6 year point, where the ‘get stuffed’ comment again beccomes relevand.
Any correspondence from them is a part of the claim process and you can spin them out. Even if they say “if you do not pay we will have no choice but to consider court action etc etc.....BUT if you get correspondence titled “letter before claim” setting out what they want from you that MUST be responded to within 28 days or they WILL take action against you in court without further notice.
Hope these thoughts are useful for you.