TVR sandwich

[Stats2909]

Sadly it looks like another S will need to be struck from the surviving examples list (and typically I've only just finished getting the carpets, wiring, rear suspension etc all sorted!)

I was woken at 3am by the local BIB to tell me that my car had been wiped out. Long story short, car comes charging round the corner, hits BMW wiping out the rear off side wheel and suspension, BMW shunted a good meter or so forwards into the S, which in turn is shunted into a Merc S class.

Worst news is the BMW is also mine so 2 cars totalled in one night, fantastic. Of course the driver legged it from the scene but as his car was also disabled (and facing the wrong way down the road) it had to be left behind. 'Driver' was seen using mobile, friends turned up, bundled him in the car and they left... charming, I love the quality of people in this country!

Keys were in the ignition, no signed of a break in, insurance in place. Any advice for dealing with the insurance companies would be appreciated. Police reported that the car was insured, not reported stolen and that there colleagues were on there way to 'chat' to the suspected driver.

An annoying day, I had planned to go to get things for my kitchen in the estate and then enjoy the autumn sun in the S. Ho hum!

Stats

[Stats2909]

As an aside I can recommend Renovo products, the roof was looking gorgeously black, water beading on the surface and as dry as its ever been

[Stats2909]

Thanks to all for the good wishes, two cars in one go is just bad luck.

The car that hit mine is insured and as at 5pm was still not reported stolen so I have hope.

I have yet to decide what to do, what has been heard about management companies, that was looking the best option so far.

Funnily enough the indicators are relatively unscathed; I also have two mint examples in a box at home. Not sure I'll be needing those now, which is probably a good thing as I'd never have known the right time to fit them!!

Stats

[Stats2909]

I posted in SP&L under the title 'Hit and run', possibly not the best in retrospect but I can't see how to change it

Latest update is that at 5pm yesterday the vehicle causing all this still hadn't been reported stolen. In addition neighbours saw the immediate aftermath so a potential defence along the 'wasn't me it was stolen' route might be hard!

Fingers crossed for a simple resolution.

Would love another TVR, but which one is the hardest question to answer?!

Stats

[Stats2909]

Hi Max - I didn't stop chasing my own tail yesterday, apologies for not getting back to you.

I have got your mail, thanks so much I'll call them soon as I'm in work in a hour or so.

Stats

[Stats2909]

Apologies for the lack of updates, work, annoyingly, is getting in the way!

Unsurprisingly, the car that caused this hit mine was reported stolen, 12+ hours after the incident occurred. I find this highly suspicious and I am not the only one... needless to say I expect things to be quiet for a while as things are looked into by those best placed to do so.

Watching CSI (insert USA city here) gives me false hopes but I still have my fingers crossed.

I will update when I have more, but for now I don't want to say too much.

Stats

EFA @ 12:47

Edited by Stats2909 on Tuesday 23 October 12:47

[Stats2909]

Update time... but first thanks to all for your advice support

I did take on an accident management company in the end (as recommended by the BMW's insurance), my opinion of them is not high! They were appraised of the situation at the outset, i.e. an ongoing Police investigation, my desire not to rack up costs or claim from my insurance as this was none fault etc. I was told "no hire car = no accident management/assistance". Having the details explained a bit more, I allowed them to take over the BMW claim, a car was provided, all was looking good, the TVR claim was put on hold (although all correctly logged and notified). Fast forward 7 days and the situation is not resolved (no surprise there considering the situation and the Police investigation) and all of a sudden the initial keenness to get me into a car has transformed into a keenness to get me out of one and cease all assistance. As it turns out I think I've made more phone calls than the AM company and know more about what's going on. But, I have had a hire car for a week that has not cost me anything, which is positive. I think they should be renamed 'Car hire' companies though as this is at the core of their business and what they excel in, not in managing accidents to a satisfying and successful conclusion for the innocent party. But that's just my two pence worth and sure that others will have had different experiences.

Back to the incident, the police are investigating, and report that they should have a definitive answer for me on the guilt or otherwise of a suspected driver in a about a month. Forensic and witness statements will hopefully all come into play to resolve this, so fingers crossed for the right outcome.

I am looking at getting to keep the TVR as I've had interest from others in purchasing it, but that will depend on the 3rd party insurers and of course the negotiating of price that may come around if I ever get to that stage. Is it likely to be more or less complex if the third party insurer ends up with the liability? I've no experience of this so keen to get advice before hand should I find myself in the position of needing it.

One question if I may..... does the phrase "being put on notice" have a specific or legal meaning? In the following hypothetical situation, if the Police where to put someone on notice that they may be liable for something does this have any significance in either a criminal or civil matter?

Thanks to all,
Stats

[Stats2909]

Hi All,

The update on this is that there is no progress. The third party insurers are being painful slow and resolution is dragging. Added to this I've only just emerged from a 14hr/day, 7 days a week working stint that started at the tail end of last year.

Every time I've got home late recently it's upset me a little bit more to see the S as she is, now I've got some spare time I'll be investing some of it into tidying her up a bit and investigating alternative parking arrangements. If anyone local has storage I'd love to hear from you. With the MOT due in April things are coming to a head rapidly as I've a sneaking suspicion a pass is unlikely

Stats

[Stats2909]

She starts but the bonnet is badly out of alignment and the rear near side light cluster is smashed.

Matt <<stats>>

[Stats2909]

Hi Glen - the situation is sadly complex involving the police, the prison services 2x insurance companies. I have neither the time to commit to getting this resolved, or if I'm honest the need to.

However I ca reduce e cost of the claim, but not incurring additional costs, I feel it's the least I can do. But soon as MOT / tax run out she will need to go somewhere. Unfortunately I have neither the time or expertise to mess about with new body tubs and so on. I'd love to but practically I simply cant.

[Stats2909]

Its not been assessed no, I've been advised to wait while the BMWs insurance teams pursue the third party, but with front, rear and light side fiber glass damage it's going to be an expensive repair, add a full respray to that and it's almost certainly a write off

NCOT where abouts are you? You don't drive a bluey green S do you by any chance? I've seen one around a few times, there used to be another BRG S in the neighbourhood but I've not seen that around for a while.

Fingers crossed for a resolution soon, I'll be posting full account soon as it is but there are still ongoing investigations, so I'd rather not ssy at this point.

I miss the S something rotten though, she brought so many smiles to my face through some fairly tough times, and that's what made ownership so rewarding..... obviously I need to get this sorted and get back on the road soon

[Stats2909]

Hi Mike, thanks for the kind words. I'm actually glad I'm so busy with work at the moment or the lack of movement would get seriously depressing.

I'm basically being left with the choice of claiming on my own insurance or waiting for justice to take is time. It all seems pretty straight forward to resolve to me, so I'm loathed to just give up, but as always, throw in a couple of insurance companies into the mix and it all gets complicated and time consuming (not helped by certain people denying all knowledge of the incident )

[Stats2909]

She'll be getting a thorough clean up before the assessors visits but it will be thoroughly disatisfactory effort!

I got an update yesterday and it looks now like things might be moving finally.... but sadly not in a favourable direction

The police have talked to the suspected driver & as anticipated they are denying any involvement, despite evidence to the contray. A criminal conviction looks unlikely so it's down to the insurance companies to deal with.. progress at least. Unfortunatley, I was also told that the case is with the third parties underwriters as there may be an issue with the policy (why have they only discovered this now ) and it might be invalid regardless of where/how a verdict is reached.....

So if any S-lovers out there have spare fingers could they please cross them for a favourable outcome , thanks Stats

[Stats2909]

Thanks to one and all.... I can’t describe how nice it is to have people that understand the feelings things like this generate… comments like “aren’t they kit cars anyway” (ETA - from friends/collegues etc) don’t really help

Swords have indeed been crossed and uncrossed numerous times but I'm in the fortunate position that I don't need to force the issue time wise and so have been letting the Police do their thing (rarely a quick process) in the hope of getting the best possible resolution.

There is a fair bit to this particular incident that I am not sure it would be wise to share at the moment (I'm hoping to be able to eventually). Until now the third party have simply been saying its with the Police, hence the delay/unhelpful attitude but with this avenue now ruled out criminaly (cost/practicality etc)it is very much time to start applying the screws again.

If only I didn't have a job to keep getting in the way... pesky nuisance all this work malarkey

Edited by Stats2909 on Wednesday 27th March 09:16

[Stats2909]

Seems that at every turn, just when it looks like things are being sorted, a new problem gets thrown into the ring

I've posted a question in SP&L about the third party voiding the insurance... as there were a few key facts omitted when the poilcy was taken out they might be trying to get out of it all.. can they really do this?!

Everyone is now waiting the outcome of the Police interview of the suspect, thankfully, like me they dont seem to want to let this one go !

If any S forum readers can help it would be hugely appreciated.

Thanks Stats

[Stats2909]

v8s4me said:

If you are “fully comp” your company will pay out won’t it? If you are covered, get the car fixed and let your company recover from the 3rd party once the police have done their bit.

I've thought about this and it's exactly where it all gets complicated and I'm having to go on the advice of others.

It looks like this MAY fall under the RTA insurer regulations, and possibly "Article 75" at which point regulations about subrogation may come into play and my insurers may not be able to reclaim the costs for repair (and presumably write-offs ) from the 3rd party insurer if they (my insurers) have already paid me... I'm no expert on this though and I might have completely the wrong of the stick but hoping SP&L advice can help.

[Stats2909]

Hi All,

Forgot to update this and came across it today..... this got resolved FINALLY mid way through this year. In the end it was very simple - most of the 3.5 years() were spent achieving nothing till the right lawyer came along to fix it!

A lesson worth knowing for anyone that finds themselves in a similar situation:
1) Insured named driver crashes car into mine and flees the scene
2) Claims car was stolen and reports it to the police
3) Police dismiss his claim (and possibly laugh at the implausibility of it)
4) Policy holder / registered keeper told to identify who was driving at the car at the time of the incident
5) On refusal policy holder / registered keeper held 'vicariously responsible' and case is closed, eventually!

Happy motoring

[Stats2909]

Hi everyone... its nice to have a reason to come back to the S Forum!

Sadly the S was taken away, I tried to sell it on and had interest but in the end it didn't happen, I fear the world is one TVR less now. The Tam is safely stored in the garage away from dangerous drivers with a shady grasp of responsibility.

Its interesting at you mention legal cover, I did have that, and whilst they continued the process it had no teeth; getting the right legal team seems the key. Essentially the legal protection teams argument was:

1) The Police have not charged anyone therefore there we do not know who it was
2) As we do not know who it was we cannot pursue a legal case as we need to know who it was, therefore...
3) ... we will keep asking the suspect and their insurers to own up to it!

Now, I understand the burden of proof in a criminal trial, and I understand how this differs in a civil case. I pressed for a reason as to why we couldn't take a civil case out against the suspect, present the evidence and let the judge decide (after laughing at their defence of it was stolen even the Police say it wasn't!). The only response i could get was "but we don't know who it was that was driving as the Police haven't charged anyone!!

If the Police had done that I wouldn't need legal help!! very very frustrating!

I'd given up hope until out of the blue I got a call from a lawyer who ultimately sorted it in a matter of months. All I can say is having good relations with specialist insurers is worth it, they care!

I'm not sure what happened to the owner and insurer of the car (a relation to the driver), but there was insurance fraud committed at the very least, from what I took away from the whole proceedings though there will not be any charges brought on that front. And then lets not get into the potential charges of wasting police time and all the rest of it.

I'd say they have a huge bill from their insurer and never get insurance again. But again I don't think his insurers are going to try and recover their losses (despite the individual having assets) and of course I'm sure he'll forget all this ever happened when applying for insurance again!

Its not surprising insurance is expensive if they never try to recover losses!

As for the driver, well, they were on Police bail at the time, broke their curfew to do all this and were duly taken back to clink . I don't think they are out yet from that little scuffle with the law, so Karma of sorts!