Insurance repair problem - third party
Discussion
Hoping someone might be able to offer some advice.
Last July I was involved in an accident. Non fault and third party accepted full liability.
They arranged directly for the repair of my car so I didn't claim on my insurance (big mistake, but my insurance said it would work out better for personal injury claim)
Since July it has been to the approved repairer 6 times. It was returned to me once with the brakes damaged, either through poor workmanship or accident damage that was missed. I nearly ran over some school kids who darted across the road when my brake pedal went to the floor. I've had to have a window replaced, as was damaged whilst in the bodyshop. Door trims have been replaced on top of the original crash damage to them breaking things whilst in for repair.
I am looking into small claims court. Just not sure on who best to do it against. The lady who hit me, the insurance company, or the garage who can't repair the car without damaging it in other ways.
Any advice would be welcome.
Last July I was involved in an accident. Non fault and third party accepted full liability.
They arranged directly for the repair of my car so I didn't claim on my insurance (big mistake, but my insurance said it would work out better for personal injury claim)
Since July it has been to the approved repairer 6 times. It was returned to me once with the brakes damaged, either through poor workmanship or accident damage that was missed. I nearly ran over some school kids who darted across the road when my brake pedal went to the floor. I've had to have a window replaced, as was damaged whilst in the bodyshop. Door trims have been replaced on top of the original crash damage to them breaking things whilst in for repair.
I am looking into small claims court. Just not sure on who best to do it against. The lady who hit me, the insurance company, or the garage who can't repair the car without damaging it in other ways.
Any advice would be welcome.
Had a third party assessor out today to view it. Still needs paint and putting back together properly. They managed to fix 2 of the 6 things it got returned for last time, but in the process have caused a few more.
Waiting to hear from an operational manger at admiral to see what they want to do, but have decided to just instruct a solicitor to proceed with taking the TP to court.
Waiting to hear from an operational manger at admiral to see what they want to do, but have decided to just instruct a solicitor to proceed with taking the TP to court.
They hit me, admitted full liability. I need to be put back into the same situation as I was before so the solicitor thinks it's best to go for them, and likely she'll instruct her insurance to represent her.
Alternative is to go for the insurance for breach of contract.
Easier and cheaper to go after the driver apparently. That's the advice I got.
Alternative is to go for the insurance for breach of contract.
Easier and cheaper to go after the driver apparently. That's the advice I got.
The work should be Covered by a warranty so would most likely get repaired.
I haven't had my car back for more than 2 weeks at a time, as it's been in their bodyshop for repairs, repairs and repairs. I just got it delivered back to me Saturday morning. They inspected it yesterday and agreed their is still issues that need sorting.
Not quite the same as deciding a year later the repairs aren't good enough.
I haven't had my car back for more than 2 weeks at a time, as it's been in their bodyshop for repairs, repairs and repairs. I just got it delivered back to me Saturday morning. They inspected it yesterday and agreed their is still issues that need sorting.
Not quite the same as deciding a year later the repairs aren't good enough.
Just an update and thanks for the help.
Issues the claim against the third party. As soon as that had landed with her the insurance company contacted me.
Vehicle is repaired to a reasonable condition, and managed to negotiate the compensation to five times more than there original offer.
Issues the claim against the third party. As soon as that had landed with her the insurance company contacted me.
Vehicle is repaired to a reasonable condition, and managed to negotiate the compensation to five times more than there original offer.
anniesdad said:
Tje said:
Just an update and thanks for the help.
Issues the claim against the third party. As soon as that had landed with her the insurance company contacted me.
Vehicle is repaired to a reasonable condition, and managed to negotiate the compensation to five times more than there original offer.
Well done. Issues the claim against the third party. As soon as that had landed with her the insurance company contacted me.
Vehicle is repaired to a reasonable condition, and managed to negotiate the compensation to five times more than there original offer.
It's infuriating that it sometimes takes this to have your matter resolved.
Lots of posters on this forum seem to suggest that it's always better to let non-contracted insurers have their way at claims made against them, so as to save the cost of AMC services. However, I believe the opposite applies as the mechanism is in place for insurers to pay what is a reasonable amount, but sadly sometimes they can't/won't help themselves and the claimant has contracted terms in place in the event of a bodyshop feck up!
So much work needs yet to be done to resolve the current situation but handing your claim over to the other side, as attractive as it may seem, is not the best for the innocent party.
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