Do I have any rights???
Author
Discussion

Genegenie

Original Poster:

1 posts

151 months

Wednesday 26th February 2014
quotequote all
Hi...

So I have crashed into a wall... Nothing major and have managed to have the bodywork sorted on the car by a family friend...

And I have decided to NOT go through my insurance.

The property/wall owner has got a quote from their trusted builder who has given a extremely excessive quote for the work required.... So I have asked if I could send a professional dry stone Waller up, which they were reluctant to agree to, but up he went and came back with a quite a third of the price...

I am willing to pay the second quote happily, as it is reasonable and he is a professional and his work is to a great standard.

I have heard of a few people that I am in my rights to return the property back to its original state? Is this true? Any ideas at all anyone?

Any help or links would be much appreciated.

Thanks

smilex


Matt UK

18,084 posts

229 months

Wednesday 26th February 2014
quotequote all
Hi and welcome.

I'm not sure on your rights but he might have the right to report you for the accident / causing damage to his property and claim against your 3rd party insurer.

Your insurer would then not look upon you kindly at all for not reporting the accident to them.

Tread very carefully indeed is my advice.

ruff'n'smov

1,092 posts

178 months

Wednesday 26th February 2014
quotequote all
Would the OPs insurer give a monkeys ?

If the fella who's wall he ran into rang the OPs insurers and said 'your insured has offered to repair my wall to a good standard but I want him to pay at a quote level which is double his....please shout at him' . Surely then the OPs insurer is going to say nothing to do with them

I obviously could be completely wrong.

Matt UK

18,084 posts

229 months

Wednesday 26th February 2014
quotequote all
Whether they had to pay out or not, I'm betting they'd call him to say "had an accident and didn't tell us, eh... let me dig out your T&Cs Sir... scratchchin"

I'm no expert either, but I reckon it could get rather sticky rather quickly.

ruff'n'smov

1,092 posts

178 months

Wednesday 26th February 2014
quotequote all
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.

wiffmaster

2,622 posts

227 months

Wednesday 26th February 2014
quotequote all
ruff'n'smov said:
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.
Even if he doesn't go through them, they'll whack up his premium regardless because he's now seen as a greater risk.

SV8Predator

2,102 posts

194 months

Wednesday 26th February 2014
quotequote all
Genegenie said:
Hi...

So I have crashed into a wall... Nothing major and have managed to have the bodywork sorted on the car by a family friend...
Were you pissed?


Starfighter

5,347 posts

207 months

Wednesday 26th February 2014
quotequote all
Cue loaded insurance policy / policies for the next 3-5 yeras due to accident history.

What is the sum incolved are we talking about £100 being inflated to £300 or much bigger numbers. A small but inflated cash amount may be worth paying to keep off radar.

You could ask about the home owners buildings insurance. A loss, even if you / you insurer pays may load taht policy as well and act to disuade the owner from trying to make some money out of the situation.


Yes, you have rights - you also have responsibilities to put right the damage you caused.

Matt UK

18,084 posts

229 months

Wednesday 26th February 2014
quotequote all
wiffmaster said:
ruff'n'smov said:
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.
Even if he doesn't go through them, they'll whack up his premium regardless because he's now seen as a greater risk.
Indeed. And he'll have to answer that question for the next 5 years.

pork911

7,365 posts

212 months

Wednesday 26th February 2014
quotequote all
wiffmaster said:
ruff'n'smov said:
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.
Even if he doesn't go through them, they'll whack up his premium regardless because he's now seen as a greater risk.
UNFAIR! he only crashed into a wall

ruff'n'smov

1,092 posts

178 months

Thursday 27th February 2014
quotequote all
pork911 said:
wiffmaster said:
ruff'n'smov said:
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.
Even if he doesn't go through them, they'll whack up his premium regardless because he's now seen as a greater risk.
UNFAIR! he only crashed into a wall
So to stop the wall less guy from profiteering agree to his quote and pay his contractor direct, or the OP can offer him an amount in the middle of the 2 quotes, looks like he's over a barrel

Wait a few weeks until after the wall has been fixed and then take a sledge hammer to it in the wee hours. This is not a suggestion just a thought.

ruff'n'smov

1,092 posts

178 months

Thursday 27th February 2014
quotequote all
pork911 said:
wiffmaster said:
ruff'n'smov said:
So all OP needs to do is ring insurers and tell them,,,this happened and I don't want to go through you.
Even if he doesn't go through them, they'll whack up his premium regardless because he's now seen as a greater risk.
UNFAIR! he only crashed into a wall
So to stop the wall less guy from profiteering agree to his quote and pay his contractor direct, or the OP can offer him an amount in the middle of the 2 quotes, looks like he's over a barrel

Wait a few weeks until after the wall has been fixed and then take a sledge hammer to it in the wee hours. This is not a suggestion just a thought.

barker22

1,037 posts

196 months

Thursday 27th February 2014
quotequote all
Or... the people who's wall it is can get whoever the hell they want to fix THEIR wall and the OP either pays up or gets his insurance to.
Just like people get their cars repaired at a garage of their choice. It is the OP's problem he doesn't want to go through insurance, not the wall owners.

TwigtheWonderkid

49,062 posts

179 months

Thursday 27th February 2014
quotequote all
OP crashes into wall and insurers may view him as a higher risk! How do they sleep at night? rolleyes

Snowboy

8,028 posts

180 months

Thursday 27th February 2014
quotequote all
Without declaring it I get the impression you're trying to do things very much under the radar of the law and the insurance companies.

As such, I think it might be tricky to use the law and 'rights' to argue with the wall owner.

You could try the following.

Ask if your guy can do it, but agree that if it's not up to standard you'll pay for their guy.
It might end up costing you less or more.

Mill Wheel

6,149 posts

225 months

Thursday 27th February 2014
quotequote all
Round Cumbria it's not unusual for farm lads to repair a wall themselves.
The OP could just ask the wall owner why the quote is so high.

O/T A good few years ago, a local farmer crashed his Discovery through a wall in the early hours of New Year, and so left it "parked" in the hole and walked home.

Following morning when he went back to collect it, the wall had been rebuilt over the top of his bonnet... most likely by the farm lads he'd been drinking with the night before, who'd have found the Disco in the hole on their walk home from the pub! smile

Stoofa

959 posts

197 months

Thursday 27th February 2014
quotequote all
I'm a little confused as to why the op thinks he has any rights.
He is in the wrong - by crashing into someone else's property.
So he has two choices, either the price and negotiations are sorted out by his insurance company - in which case report the accident and let them deal with the situation - let them decide if the wall owner is trying to "pull a fast one". Or he agrees with the wall owner on a cost.
The wall owner is the aggrieved and is also the one in control here - the op hit his property, the property didn't jump out in front of him.
So the op could say that he only trusts a builder in central London and would like only stone from Australia to be used - op has two choice once more, pay-up or allow his insurance to deal with the situation.

If somebody hit my car and we were discussing "out of insurance" repair then the car would go to MY choice of garage. I'm not having some back-street garage working on it.
When this exact situation happened - old fella reversed into the front wing on my Octy vRS, when he talked about doing it outside of insurance as apparently they would hit his premiums badly because he was "old", I told him it was only going back to my local main dealers for repairs.
I was the aggrieved and I was the one in control of the situation.

speedyman

1,631 posts

263 months

Thursday 27th February 2014
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How about the wall owner is trying it on and splits the difference with his "Mate" with the high quote. Ask the wall owner for three separate quotes.

Hol

9,316 posts

229 months

Thursday 27th February 2014
quotequote all
Agree to get a third independent quote.

Make sure you get a copy of the statement of works and invoice to confirm that there are no 'cash deals' involved.

Rude-boy

22,227 posts

262 months

Thursday 27th February 2014
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OP – your accident is exactly why you have insurance. I would be annoyed with myself as if I am ever the cause of a claim on my insurance I would want it to be a bloody good one, not just a few quid more than my excess.

That said this is what we have insurance for and it is best to deal with it through them rather than have to deal with it yourself and then possibly consider lying to your insurance company for the next 5 years.