Rear ended
Author
Discussion

SlackBladder

Original Poster:

2,655 posts

234 months

Tuesday 29th April 2014
quotequote all
Haven't got the full story yet, but my father just got rear ended when he was doing over 50mph on the M20.


Twice a year he does a 2/3 week jaunt to France and Italy and was on his way to Dover to get the ferry. Anyway from what he's told me he was on the M20 doing about 50mph (no idea of road conditions, but he's not a doddery old plodder) when he spots a van approaching at a rapid rate of knots so he uses the load pedal, but still not enough to avoid the van hitting him square in the rear. Car drivable but a bit of a mess, so obviously no driving in France.

Not going to guess what the van driver was doing, but where on earth does he stand with regard to a cancelled holiday and a heavily dented car. Knowing him, he'll drive it to a Merc dealer near to me, give them the insurance details and then buy another one off the forecourt.

t400ble

1,804 posts

152 months

Tuesday 29th April 2014
quotequote all
Hire car via insurance?

SlackBladder

Original Poster:

2,655 posts

234 months

Tuesday 29th April 2014
quotequote all
t400ble said:
Hire car via insurance?
Know of any that will offer a suitable replacement for a 3 week tour around Europe?

andyalan10

536 posts

168 months

Tuesday 29th April 2014
quotequote all
SlackBladder said:
Know of any that will offer a suitable replacement for a 3 week tour around Europe?
Yes, there is an industry standard list of appropriate hire cars for the standard of car that is off the road, will probably need checking that it it can be taken abroad, but he is entitled to something of a similar size and standard.

Insurance companies will sometimes try and downgrade you, but the "you only use your 535d to go to the shops" isn't a good enough reason,you had a 535d, the van driver has caused you to lose the use of it, his insurance should provide a suitable replacement.

Andy

surveyor

18,707 posts

215 months

Tuesday 29th April 2014
quotequote all
Ironically - heading to Mercedes is not a bad option. They do have their own version of an Accident Management Company.

JulianHJ

8,871 posts

293 months

Tuesday 29th April 2014
quotequote all
Give Europa Consultants a call. Lots of PH-ers including me have had very positive experiences following non-fault collisions.

kiethton

14,668 posts

211 months

Tuesday 29th April 2014
quotequote all
JulianHJ said:
Give Europa Consultants a call. Lots of PH-ers including me have had very positive experiences following non-fault collisions.
This, I had the same when going to France the next day, well day after Boxing day and this happened the on xmas eve! (but mine was in the side bending rear suspension etc.)

Called Europa and they had a brand new E350 convertible delivered to me on boxing day to use for the trip smile

dacouch

1,172 posts

160 months

Tuesday 29th April 2014
quotequote all
surveyor said:
Ironically - heading to Mercedes is not a bad option. They do have their own version of an Accident Management Company.
Bear in mind that if you are in the position to replace the car out of your normal finances or hire a car out of your normal finances it can cause problems for the Credit Hire company to recover the costs from the third party.

A sensible Credit Hire company will ask whether you can afford to hire a car yourself, if they don't then there's a chance should it be disputed they will ask for copies of bank statements to see whether or not you could have afford to finance the car hire yourself.

LoonR1

26,988 posts

208 months

Wednesday 30th April 2014
quotequote all
Quick, a PHer or someone they know has been involved in a non-fault accident. Everyone start to recommend Credit Hire and whiplash solicitors.

Remember though if roles are reversed then the claimant is a scamming Fraudster, probably form Eastern Europe, Africa, or the sub Continent.

SlackBladder

Original Poster:

2,655 posts

234 months

Wednesday 30th April 2014
quotequote all
Thanks for the recommendations, but he's decided to postpone his trip until the car is repaired (at which point he'll probably change it).
He's fine, i.e. no whiplash etc, apparently the van that hit him was in a right mess and not drivable but apart from some unsightly rear end damage his slk is fine to drive to 300 miles to his nearest dealer.

amancalledrob

1,248 posts

165 months

Wednesday 30th April 2014
quotequote all
LoonR1 said:
Quick, a PHer or someone they know has been involved in a non-fault accident. Everyone start to recommend Credit Hire and whiplash solicitors.

Remember though if roles are reversed then the claimant is a scamming Fraudster, probably form Eastern Europe, Africa, or the sub Continent.
You're the only person who's used the 'w' word, and both instances mentioned in the thread where a hire car's been sought have been for an immediate trip abroad, which most would consider quite reasonable

Stop me if I've missed something

JQ

6,883 posts

210 months

Wednesday 30th April 2014
quotequote all
amancalledrob said:
LoonR1 said:
Quick, a PHer or someone they know has been involved in a non-fault accident. Everyone start to recommend Credit Hire and whiplash solicitors.

Remember though if roles are reversed then the claimant is a scamming Fraudster, probably form Eastern Europe, Africa, or the sub Continent.
You're the only person who's used the 'w' word, and both instances mentioned in the thread where a hire car's been sought have been for an immediate trip abroad, which most would consider quite reasonable

Stop me if I've missed something
I suspect the bit you're missing is why nobody's recommended that the OP's father just picks up the phone to the van driver's insurer - that would be the most logical and cost efficient method of getting things sorted. A colleague was rear ended last year and had a brand new replacement car on his drive within 12 hours after dealing direct with the 3rd party insurer.

kiethton

14,668 posts

211 months

Wednesday 30th April 2014
quotequote all
JQ said:
amancalledrob said:
LoonR1 said:
Quick, a PHer or someone they know has been involved in a non-fault accident. Everyone start to recommend Credit Hire and whiplash solicitors.

Remember though if roles are reversed then the claimant is a scamming Fraudster, probably form Eastern Europe, Africa, or the sub Continent.
You're the only person who's used the 'w' word, and both instances mentioned in the thread where a hire car's been sought have been for an immediate trip abroad, which most would consider quite reasonable

Stop me if I've missed something
I suspect the bit you're missing is why nobody's recommended that the OP's father just picks up the phone to the van driver's insurer - that would be the most logical and cost efficient method of getting things sorted. A colleague was rear ended last year and had a brand new replacement car on his drive within 12 hours after dealing direct with the 3rd party insurer.
Last time I tried that I got nowhere so no longer bother, they fobbed me off saying I had to go through my own insurer, who in turn wanted my £1,400 excess (I didn't have £1,400 sitting around).

Europa sorted it all for me without the hassle, without the excess being paid and even in the most recent case sorted out an insurance nightmare from an uncooperative scumbag of a third party

blueg33

46,925 posts

255 months

Wednesday 30th April 2014
quotequote all
Europa sorted me out too when I was hit from behind 300 miles fro home. New Jag XF delivered the same afternoon, wasn't quite the same standard as my A6 but for a month or so it was fine

LoonR1

26,988 posts

208 months

Wednesday 30th April 2014
quotequote all
amancalledrob said:
You're the only person who's used the 'w' word, and both instances mentioned in the thread where a hire car's been sought have been for an immediate trip abroad, which most would consider quite reasonable

Stop me if I've missed something
Injury usually follows soon after.

What you've missed is why the OPs father requires the hire on credit, rather than funding it himself.

mrtwisty

3,057 posts

196 months

Wednesday 30th April 2014
quotequote all
I usually find your advice to be very sound and balanced Loon, but why should the man fork out for a hire car? He didn't do anything wrong, so why should he front the spondoolicks until it's all sorted?

I'm not advocating the use of an AMC in this case, but surely theres got to be some sensible middle ground?

I would have thought it was in the 3rd party's insurers interests to get this sorted to his satisfaction sharpish, before he (potentially) resorts to a ridiculously overpriced credit agreement that they will pay for eventually anyway.

Edited by mrtwisty on Wednesday 30th April 15:31

Zod

35,295 posts

289 months

Wednesday 30th April 2014
quotequote all
dacouch said:
surveyor said:
Ironically - heading to Mercedes is not a bad option. They do have their own version of an Accident Management Company.
Bear in mind that if you are in the position to replace the car out of your normal finances or hire a car out of your normal finances it can cause problems for the Credit Hire company to recover the costs from the third party.

A sensible Credit Hire company will ask whether you can afford to hire a car yourself, if they don't then there's a chance should it be disputed they will ask for copies of bank statements to see whether or not you could have afford to finance the car hire yourself.
Nonsense. Whether you can afford to hire a car is immaterial. You are deprived of your own car, through no fault of your own. You have paid for, or are paying for, that car, so the appropriate interim remedy is for you to be provided with a car of similar quality.

I have been hit from behind twice in the last seven years. Each time, my car has been off the road for an excessively long time, thanks to the other pary's insurer's delay in authorising the repair. The delay cost the other party's insurer dearly as it had to pay for a replacement car for me over a longer period.

Edited by Zod on Wednesday 30th April 15:35

LoonR1

26,988 posts

208 months

Wednesday 30th April 2014
quotequote all
In answer to the last two posts there is a legal duty on the innocent party to mitigate their losses. Simple as that. Having a non fault accident is not a licence to run wild incurring unnecessary cost for fun.

Whether you like that or not is irrelevant. Oh and blame the law not the insurers as it's a legal piece.

kiethton

14,668 posts

211 months

Wednesday 30th April 2014
quotequote all
But surely there's an argument in saying that you had a pressing need for any existing capital preventing you from fronting any cost?

There is also the other aspect that insurers are generally quicker to resolve things when you're in a car that's actually costing them money....

pork911

7,365 posts

214 months

Wednesday 30th April 2014
quotequote all
kiethton said:
But surely there's an argument in saying that you had a pressing need for any existing capital preventing you from fronting any cost?

There is also the other aspect that insurers are generally quicker to resolve things when you're in a car that's actually costing them money....
From OPs post, while presumably joking about buying a replacement, I'm not getting much of a whiff of impecuniosity.

Your second point may or may not have some merit practically but I wouldn't wish to be Pleading that in justifying a credit hire.