Insurance claim – non fault accident

[Sparky]

Afternoon chaps,

I had the delight of a people carrier driving into the back of the Exige a couple of weeks ago. The driver accepted liability and has handed me her insurance details so I can claim from her insurance company.

I’m having a bit of a nightmare – no calls back as yet (it’s been days) and when I asked her to chase it up the insurance company have contested the amount of damage to the Exige even though the car hasn’t been assessed and I haven’t sent any pics of the damage. I’ve noted damage to the clamshell and also there is a rattle from the engine bay since the collision which is driving me up the wall.

I then chased it up myself and the insurance company said when they get around to it (WTF?) they will call me and the car will be collected for repair.

So what am I entitled to as a third party claiming here? Do I get a say on what garage I can take it to etc. Don’t want some quick repair on the car as a result of someone else’s mistake.

Any advice appreciated.

[tut]

I do not understand this. You should have contacted your own Insurance Company straight away to tell them of the accident and give them the other drivers details, and no way should you have called her Insurance Company. Also she should not have admitted liability, that could go against her. It states in your policy, which most people do not read, that you should never do that.

No point in me going any further at this stage other than emphasising that if you have not contacted your own Company, or if am misreading this at all, do so straight away and leave it for them to deal with.

tut

[Sparky]

I did contact my own insurance company first and explained what had happened. They then said either they can call her insurance company themselves or I could do it – it would essentially be the same thing.

I must admit I was surprised by this but when I called her insurance company there was a third party claims department that is setup to deal with this type of claim.
I explained what had happened (yet again) and they said it would be an easy claim to process as she drove into the back of me and she accepted liability. Again I was very surprised that she had accepted liability.

So everything I expected to happen for this claim hasn’t happened. My insurance company wasn’t interested and she has accepted full liability for the accident. Bottom line is no contact from her insurance company to get the damage fixed.

[Mr Momo]

I'm with tut...

Normally you'd deal with your own insurance and let/make them do the work with the third party (not your job). You will have a fault-claim until your insurance has resolved blame with the third party. Then it will be a no-fault claim (but a claim nevertheless).

Make sure you are careful which garage you put it to for repair (There will be many a thread on here of a similar nature). Only lotus parts (don't go cheap, as the third party insurance picks this up) and protect the warranty (if still <3yrs).

That's what you pay for.

Who are you insured with ?

[Sparky]

I'm with 1st Central.

I did get an email from them explaining it was a 'Non Fault Repairable' claim and if the 3rd party claims against them (they wont) and I was at fault then I would need to pay excess etc. All slightly bizarre I must admit...

[tut]

I have done well with my Company, but the system was drawn up by a load of twats. Almost no matter what happened, the two Companies will go tit for tat, then probably settle the cost between them no matter whose fault it was whilst they are tossing each other off.

Make sure you do not accept anything less than a full no fault claim. Accept no excess, loss of NCB, or loss of protected Bonus if you have one. Push for your own choice of garage for repairs, paintwork, etc unless it says otherwise in your Policy. Also learn from the experience if you have a bum Company, ditch them and go with one of ours that we have made claims through. There are tarts on here who are experts.

Do not take a penny loss, if they start screwing you around anymore send an e-mail to the MD of the Company with a copy of the letter that you are sending to the Ombudsman.

Do not listen to Robin if he tells you that you must not upset Insurance Companies, that they are the salt of the earth and only EVER have our own interests at heart.

tut

[robin]

I am not an advocate of insurance companies. I like "claims handling companies" even less, but they have their place - if these guys dick you about for another couple of days, engage the services of a claims handling company. The cost to the insurance will be much higher, but you'll never have to lift a finger ...

[Sparky]

Thanks guys - I'm away for a few days so will phone for an update when I get the chance.

[GregR]

What you have to remember is that insurance companies are first and foremost there to make money. Whether that's your insurer or the TP's.

Hope you get it sorted. If it were me I'd be checking the T&Cs to see if there's any barrier to me sorting it out then claiming an indemnity. I'd then tell both companies that's what I'm doing and offering them seven days to propose an alternative failing which I'd get the work done and send the invoice.

But that's just me.

[mwmackenzie]

Hi,

I had the same problem last December and was told not to involve my insurance company as it would affect my renewal premium?? Not sure how as I was hit! Ether way after some faffing with my insurance company and claim handlers my insurance had wanted me to use ( I had already reported it when it happened) I dropped my car off at a garage of my choice, gave them the third parties insurance details and they took care of everything! I got my car back repaired by who I wanted, how I wanted and the claim has been settled in full, Good luck!!

[Sparky]

Update finally – called Aviva as I had no contact from them whatsoever.

The first person I spoke to said the policy holder had accepted liability and I would be transferred to the claims department to arrange the repair details. Once transferred to the claims the department the chap said he had no written proof of liability so he would have to contact the policy holder yet again and my claim would not be processed.

Obviously I lost the plot (in a nice way) and was put on hold for few minutes.

After being taken off hold the chap apologised for the way my claim had been handled. So now I can take the car to Willowbrae for the clam repair and then to Craigs garage and get this crazy engine bay rattle problem fixed. All covered under one claim through them. For some reason the whole “liability” thing went away after my initial rant at the guy.

Also they are offering a “like for like” courtesy car (I’ll crack the jokes) – so I have noted that I would like an Exige V6 to get me to the shops and back while the chariot of fire is off the road.

Hopefully no further drama but at least some progress today.

[timmsky]

Also they are offering a “like for like” courtesy car (I’ll crack the jokes) – so I have noted that I would like an Exige V6 to get me to the shops and back while the chariot of fire is off the road.

Back in 2006 a fellow SE'er (who shall not be named ) ran into the back of my '05 Exige. Obviously liability was admitted freely amongst friends and to the insurance and the companies got it sorted. I was however also offered a "like for like" courtesy car, so imagine my surprise when a brand new (I mean delivery miles only!) Mercedes E320 with all the bells and whistles arrived... like for like, not, but maybe cost-wise, yes.

As an aside, when the claim was going through final settlement, the 3rd party insurance questioned the hire charges my insurance company put through for the Merc. £22k Needless to say it did eventually settle and it cost me nothing because I had the hire car cover clause for the duration of the repair (phew!).

It will be interesting to see what you are offered but I sincerely doubt it will be truly "like for like"

[tut]

It was not my fault, he braked at a junction that we always go straight across on.

tut

[timmsky]

It was not my fault, he braked at a junction that we always go straight across on.

tut

Cheeky bas...

Erm no, I was stopped in a passing place to give way to 3 cars coming our way. Unfortunately he who shall not be named didn't see I was stopped until the word "Exige" was imprinted on his forehead and he was wearing my stage 1 exhaust as a necklace

[GregR]

Just be wary of the credit hire, know what you're signing. Read the forms. It may require you to say you'll pay the cost if there's a dispute. Just ask yourself, would I be prepared to pay e.g. £22k if it all went Pete Tong?

If you just need a car to pootle to the shops I'd recommend you take the crap car and then ad £10-£20/day to your claim for the loss of use of 'prestige' of the Exige.

These high hire claims are why we're all paying higher insurance these days