Insured truck hitting 3rd party insured car

I got rear end by a lady insured by AA. AA took care of everything, even collect my vehicle as it was undrivable. I had no insurance.

My car (3rd party insured) was hit from behind at a Give Way sign. Stupidly I thought only a car description, plate number and cell phone number would be good enough. No. The guy never answered the phone. I went to the cops and made a report. I managed to track the guy down and asked him what he was planning to do about the damage he'd done to my car. He promised to lodge a claim with his insurance company while hiding behind his door. One week later I paid him another visit - still refuses to open the door and threatens me with the cops. So I lodged a claim with the small claims court. Three days before presenting, his father finally contacts me to get me to withdraw the hearing and lodges the claim with his insurance so they'd finally fix my car. I still went ahead with the hearing so I could yell at him. 3rd party insurance can mean you having to fight and chase people around to get results.

I had some trouble following your difficulties - you lament the lack of ability in NZ to force responsibility for court action, but you don't mention anywhere where you actually had the matter in court (Disputes Tribunal or otherwise). Because if you do have a judgement in your favour, there are legal avenues to enforce it if you have the wherewithal.

Did this actually go to court?

Did you report it to the police so there is a record, if not you could be in for a up hill battle with their insurance company.

Didn't bother going to court as legally they provided a settlement (eventually) and there was no injury so ACC did not apply. To get some further financial return I'd need to show that I had additional 'costs' which I did not. Nothing to go to DT over as far as I can see.

Also after all that stress it gets to the point of having to just get on with it. The accident involved her driving in the slow lane at 90 kph on the motorway. The truck hit her left rear quarter, spinning the car in front of the truck, across all lanes and smacking the centre barrier sideways facing backwards, facing oncoming traffic which only just stopped. Incredibly lucky to walk away. I was in my car in front and watched this all happen in my rear vision mirror.

My point is as Smith and Davies were insured there was no requirement for them as a company to do anything further than refer me to their insurer (and boy they sure didn't). Even if my wife had been killed as a result of the accident the company would still carry no responsibility for their driver's actions.

Even a bl0ody phone call asking how my wife was would have been nice.

I would be thinking if ya wreck was fully insured then they your insurance joint would deal with it all for ya, but its not, so i suppose ya cant expect to much lol
Good luck with it all, sounds like you will get it sorted.

You need to read your policy, and see if there's a clause in there that will cover your car for up to 3K if there's a dispute with the guilty party.
If that's there, make a noise to Tower, saying you are not getting any joy with the other Co/party, which means you want them to handle it.

You will only be talking to a gate-keeper who is trained to stuff you around, and will be getting big pats on the back for doing so - and they are winning. Ask to go higher.