Insurance Accident Advice

[nizzex]

Hi Guys

So... I travelled from York to Nottingham to visit family, car was parked outside the property. Loud bang and I see an Audi A6 right beside my vehicle 4 people in the car vs me. I stand in front of the car to stop them driving off, take picture of driver and reg number, and come to drivers side and take the pricks key from him (was clearly trying to drive away but luckily the gearbox failed on him) communication was an issue as they were eastern European. But anyway moving on...

After calling the police they arrived within in minutes and lot were arrested, the driver was over the limit also.

So after speaking to police I have the following info and need some advice..

- The car was his dads, not the drivers
- He was not insured but the dad was
- Dad was aware he given keys to son even though though he has no license or insurance for him

I have obtained name, address, and insurance for the owner of the vehicle.

I have the following questions...

- Where do I stand insurance wise, I am at non fault so we the insurance claim from the other party?
- My vehicle is damaged on passenger side only with main damage to front left wing and wheel is bent backwards (not good) and some paint scuffing to rear door, would insurance class this as complete loss?
- During the time from recovery and inspection by insurance company, would I get a courtesy car? I am fully comp.
- If they class as loss, what if i am not happy with the valuation of settlement? Can I appeal?
- What value should the vehicle be if I decide to buy it back?

Anything else you can ask me and may of missed bits out, im sorry but this is the first time ive been in this situation

cheers

[Retroman]

Do you also have the details of the driver of the vehicle at the time of the accident?

[catman]

You've asked several questions, but haven't supplied any details of your car.
Ie age, model, value.

If you have a new, expensive car, it may be worth repairing. On an old, low value car, even minor panel damage will see it written off.

If it is written off and you're not happy with their offer, you can reject it.
If they decide to sell the car back to you, again it will depend on the car.

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

[simoncrowe]

catman said:

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

The dads insurance will not pay out if the son was not insured, was drunk and had no licence. It will be the motor insurance bureau that pay out.

[KungFuPanda]

simoncrowe said:

catman said:

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

The dads insurance will not pay out if the son was not insured, was drunk and had no licence. It will be the motor insurance bureau that pay out.

You're spouting rubbish. The dad's insurance WILL pay out under their third party obligations as RTA insurer. Just as they would pay out if the car was stolen and driven into the OP's vehicle by a thief.

[TwigtheWonderkid]

KungFuPanda said:

simoncrowe said:

catman said:

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

The dads insurance will not pay out if the son was not insured, was drunk and had no licence. It will be the motor insurance bureau that pay out.

You're spouting rubbish. The dad's insurance WILL pay out under their third party obligations as RTA insurer. Just as they would pay out if the car was stolen and driven into the OP's vehicle by a thief.

You're both half right and half wrong.

Hit by stolen car- if thief is identified, insurers of car pay. If thief is not identified then MIB will pay.

In this case, car not stolen and driver known, insurers of the car will pay. They can then sue the driver's dad for their outlay back.

[simoncrowe]

TwigtheWonderkid said:

KungFuPanda said:

simoncrowe said:

catman said:

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

The dads insurance will not pay out if the son was not insured, was drunk and had no licence. It will be the motor insurance bureau that pay out.

You're spouting rubbish. The dad's insurance WILL pay out under their third party obligations as RTA insurer. Just as they would pay out if the car was stolen and driven into the OP's vehicle by a thief.

You're both half right and half wrong.

Hit by stolen car- if thief is identified, insurers of car pay. If thief is not identified then MIB will pay.

In this case, car not stolen and driver known, insurers of the car will pay. They can then sue the driver's dad for their outlay back.

Well you learn something every day!

[nizzex]

Retroman said:

Do you also have the details of the driver of the vehicle at the time of the accident?

I don't have the actual drivers at the time of the accident but I can obtain this from the police. The vehicle owners name, address, insurance etc I do have

[nizzex]

TwigtheWonderkid said:

KungFuPanda said:

simoncrowe said:

catman said:

I believe that you may be paid out by the other insurer, but someone more qualified than me will be along soon.

Tim

The dads insurance will not pay out if the son was not insured, was drunk and had no licence. It will be the motor insurance bureau that pay out.

You're spouting rubbish. The dad's insurance WILL pay out under their third party obligations as RTA insurer. Just as they would pay out if the car was stolen and driven into the OP's vehicle by a thief.

You're both half right and half wrong.

Hit by stolen car- if thief is identified, insurers of car pay. If thief is not identified then MIB will pay.

In this case, car not stolen and driver known, insurers of the car will pay. They can then sue the driver's dad for their outlay back.

Yes I thought that too.

Car recovered today, insurance has appointment claims company to covers costs and for a hire vehicle, just waiting to hear from them the other party will take liability and pay for costs all being well, will update tomorrow

[TooMany2cvs]

nizzex said:

After calling the police they arrived within in minutes and lot were arrested, the driver was over the limit also.

So after speaking to police I have the following info and need some advice..

- The car was his dads, not the drivers
- He was not insured but the dad was
- Dad was aware he given keys to son even though though he has no license or insurance for him

There's going to be some books being thrown around... Dad's likely to get banned, too.

nizzex said:

I have the following questions...

- Where do I stand insurance wise, I am at non fault so we the insurance claim from the other party?

Yes.

nizzex said:

- My vehicle is damaged on passenger side only with main damage to front left wing and wheel is bent backwards (not good) and some paint scuffing to rear door, would insurance class this as complete loss?

Depends. If your car's a 15yo Fiesta, it'll be written off. If your car's a brand new XJ, it'll be repaired.

nizzex said:

- During the time from recovery and inspection by insurance company, would I get a courtesy car? I am fully comp.

Your insurance doesn't matter if you're claiming straight off the other insurer. An expensive hire car is going to tip a borderline write-off over the line. If it's written off, the hire car goes back.

nizzex said:

- If they class as loss, what if i am not happy with the valuation of settlement? Can I appeal?

http://www.financial-ombudsman.org.uk/publications...

nizzex said:

- What value should the vehicle be if I decide to buy it back?

That's down to negotiation. A percentage of the payout.

[nizzex]

• Update*

Im getting quite annoyed, Ive spoken to my insurance and asked for an update for my claim,.

They appointed 'albany assistance' in regards to possibly hire vehicle as I was non fault, I call albany and they can confirm the insurance company has instructed them to contact the other parties insurance to admit liablility to accident so they can proceed with a hire vehicle for me.

Albany tried to contact the other parties insurance they dont deal over the phone and asked to be contact via email, which responses can take upto 7 days. I think that was quite ludicrous, I asked isn't there anything you can do to speed things up and they said they cannot until the other party confirm liability. Im annoyed the fact im without any transport and paying for taxis fares...
My insurance said I dont get a courtesy car as my vehicle a 'total loss' but this has not been confirmed yet as it was only recovered yesterday and could take 7 days for an examination.

Suggestions please?

[TwigtheWonderkid]

nizzex said:

*Update*

Im getting quite annoyed, Ive spoken to my insurance and asked for an update for my claim,.

They appointed 'albany assistance' in regards to possibly hire vehicle as I was non fault, I call albany and they can confirm the insurance company has instructed them to contact the other parties insurance to admit liablility to accident so they can proceed with a hire vehicle for me.

Albany tried to contact the other parties insurance they dont deal over the phone and asked to be contact via email, which responses can take upto 7 days. I think that was quite ludicrous, I asked isn't there anything you can do to speed things up and they said they cannot until the other party confirm liability. Im annoyed the fact im without any transport and paying for taxis fares...
My insurance said I dont get a courtesy car as my vehicle a 'total loss' but this has not been confirmed yet as it was only recovered yesterday and could take 7 days for an examination.

Suggestions please?

Sounds pretty normal. Albany won't give credit hire until they know tp are going to pick up the tab. Your own policy gives courtesy car whilst yours is being repaired, but as it's a write off, you don't get it. All perfectly normal. The tp insurers "email only" response is a bit weird, but you don't have a contract with them so you have no say in their procedures.

If I were you I'd tell Albany that you will be hiring a basic car (at your own expense initially) and you will want them to include these costs in any claim for uninsured losses. And then hire yourself a Citroen C1 or similar for a week.

[TooMany2cvs]

nizzex said:

Albany tried to contact the other parties insurance they dont deal over the phone and asked to be contact via email, which responses can take upto 7 days. I think that was quite ludicrous, I asked isn't there anything you can do to speed things up and they said they cannot until the other party confirm liability.

How would you like it if your insurer took somebody else's word at face value, and accepted that you were to blame for an incident without actually giving you chance to respond?

nizzex said:

My insurance said I dont get a courtesy car as my vehicle a 'total loss' but this has not been confirmed yet as it was only recovered yesterday and could take 7 days for an examination.

Clearly my earlier hint that you give us at least a vague clue of age/value/type of car was a bit too subtle...

[nizzex]

TooMany2cvs said:

nizzex said:

Albany tried to contact the other parties insurance they dont deal over the phone and asked to be contact via email, which responses can take upto 7 days. I think that was quite ludicrous, I asked isn't there anything you can do to speed things up and they said they cannot until the other party confirm liability.

How would you like it if your insurer took somebody else's word at face value, and accepted that you were to blame for an incident without actually giving you chance to respond?

nizzex said:

My insurance said I dont get a courtesy car as my vehicle a 'total loss' but this has not been confirmed yet as it was only recovered yesterday and could take 7 days for an examination.

Clearly my earlier hint that you give us at least a vague clue of age/value/type of car was a bit too subtle...

I wouldn't be happy ofcourse but I am annoyed never the less at how slow things are moving...

The vehicle in question is a VW Passat 2008 Sport TDI - High Spec - 68,000 Miles

On average how long does the examination take and for the insurance to come back to confirm if its a loss & value?

Photo of damage below

Edited by nizzex on Thursday 14th July 17:13

[TooMany2cvs]

nizzex said:

The vehicle in question is a VW Passat 2008 Sport TDI - High Spec - 68,000 Miles

So about £4k-worth.

nizzex said:

Photo of damage below

That's going to be borderline. You should be able to keep it, but it might be dead, depending on what the suspension damage is. If you push for a hire car, that'll probably tip it over the line.

[pork911]

Are you going to credit hire? (Please don't)

[pork911]

Are you going to credit hire? (Please don't)

[nizzex]

Update-

I declined a hire car based on everyone's advise. They were quick to offer me a hire car without any confirmation of fault from other party and that they would cover the costs. Reading online I could be liable for all hire costs if they do not admit liability as its a credit hire agreement, sneaky.

I have had the valuation made and they offered me £5,000 which is far but gong to push for more as the spec high with limited edition wheels, defo nothing on the market similar.

I would like to ask if I contact my insurance company to buy back the vehicle, can they decline?

[TwigtheWonderkid]

nizzex said:

Update-

I declined a hire car based on everyone's advise. They were quick to offer me a hire car without any confirmation of fault from other party and that they would cover the costs. Reading online I could be liable for all hire costs if they do not admit liability as its a credit hire agreement, sneaky.

I doubt that's true. Credit hire firms have insurance in place to recoup the hire costs on the rare occasions they cannot make a recovery. So despite the scare stories, you are hardly ever liable for the costs. It's one of the reasons credit hire costs are higher than normal hire costs.

[nizzex]

Another update

I countered the valuation and got £5,250 for the final figure, happy with that. Supplied a few ads to them of similar mileage and spec with parkers report and agreed to increase offer.

I also contact insurance to buy back the car, first advisor said they don't allow this etc, but after bit of arguing I asked to speak to a senior who called me back after a few hours. They then agreed to offer to sell the car back to me. I should get the buy back value given to me on Monday. Im hoping it should be around 40% off or below original price.

Would I need need to pay my excess even being non fault? How would this work?