Vaguely Porsche related!
Author
Discussion

peterzoom

Original Poster:

317 posts

237 months

Wednesday 26th September 2018
quotequote all
I was putting my 996 up on stands and removing the road wheels yesterday afternoon, just a bit of OCD inside rims, rear box and wheel well cleaning.

When the most enormous bang ensued, and I really mean loud. No pre warning, just BANG, CRASH, WALLOP .

At first I thought the car was falling to the ground and threw myself to one side, hopefully out of harms way.
Surprised

Next second I realised that the car was totally stable and picked myself up feeling very confused. On investigation it transpired that a van had rolled all the way from the top of the hill and crashed into the garden wall alongside where I was working away. As no one was in the van there had been no engine or braking noises prior to the crash and amazingly, despite having travelled well over 150 metres and crossing onto the wrong side of the road and through a junction. Super lucky!!

Owner traced, police involved, insurance company (More Than) contacted.
Now this is where I am really at a loss. More Than are suggesting that I have to, at my own effort/cost.

a. Stabilise the wall to prevent danger of collapse.
b. Get at least 2 quotes for repair.
c. Have the wall repaired and then either get my own insurers to contact More Than or pay for it myself the claim back from them, subject to inspection.

That can't be correct, surely

Should it not be the case More Than take charge and get the repairs taken care of? They are suggesting that outside of vehicle repairs thy are not able to fix anything else. Has no one ever knocked over a set of traffic lights or a lamp standard or garden wall ever before????

Any advice on how to proceed?

BertBert

21,270 posts

241 months

Wednesday 26th September 2018
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Probably as they say, get two quotes, get it fixed, send them the bill.
What else are you expecting?
Bert

vxr8mate

1,689 posts

219 months

Wednesday 26th September 2018
quotequote all
What if the OP can't afford to get it repaired?

I suppose a reputable builder could quote directly to the insurer who would then pay him.

Lurking Lawyer

4,535 posts

255 months

Wednesday 26th September 2018
quotequote all
The van owner (via his insurer) is liable to put you back in the position you were in before the damage was caused. That means making sure you're not out of pocket, rather than an obligation to sort out getting the work done.

Insurers will sometimes make arrangements to do the work themselves, since it allows them to limit costs. I suspect they're only geared up to deal with car repairs directly, hence telling you that you need to make your own arrangements.

Nothing out of the ordinary in that, and not a lot you can do about it, I'm afraid.

You can try speaking to your own house insurers to see whether they can assist and take up cudgels on your behalf - but expect your home insurance premium to rise on renewal as a consequence.....

peterzoom

Original Poster:

317 posts

237 months

Wednesday 26th September 2018
quotequote all
Well Bert, thanks for your helpful input!

Let me put it like this..... Through absolutely no fault of my own. I am now expected to source the relevant quotes to make safe in the short term and repair in the medium term.
Then, putting aside the time and cost of doing this I have to claim my own insurance, driving the premiums up. Then wait while the works undertaken are inspected, verified, approved prior to any re-imbursement being made. Anyone who has ever had source quotes for building works in particular knows how much time and effort goes into meeting on site with prospective contractors, chasing up quotes, overseeing the job etc etc etc

My point is very simple, why wouldn't More Than ( co-incidentally my own home insurer last year) have the ability to simply take charge and get the necessary repairs done by it's own approved/vetted contractors. Seems entirely logical to me

akirk

5,778 posts

144 months

Wednesday 26th September 2018
quotequote all
fairly standard - I think we are too used to the system that has grown up around dealing with car accidents...
I would assume that lamp-posts / motorway barriers etc. probably have known costs and process to deal with damage

not quite sure whether an accident management company would help wink
they might be able to provide a temporary wall while yours is being repaired - maybe upgrade you to one with ornate metal railings and spikes at £500 a day biggrin

but yes - it doesn't seem fair, but the law looks at the end result being fair, not necessarily the process - so as long as you end up with your wall back in one piece and not out of pocket at the end of the process there is no legal basis under which you can expect them to pick up costs directly through the process...

if you have no funds to stabilise the wall (though the porsche wheels might work?) then it would be worth notifying them that you are unable to stabilise the wall and any subsequent damage / injury will be seen as a result of this accident and would they like to mitigate their (further / increased) risk by sending in a company to stabilise it / paying the builder directly!

Insurancejon

4,096 posts

276 months

Wednesday 26th September 2018
quotequote all
give Aspray a shout

they will manage the works, tenders and bill the other side

https://aspray.com/

nationwide service

peterzoom

Original Poster:

317 posts

237 months

Wednesday 26th September 2018
quotequote all
Thanks Insurancejohn, that seems like a very good way forward, I will give them a call.

guitarcarfanatic

1,990 posts

165 months

Wednesday 26th September 2018
quotequote all
Insurancejon said:
give Aspray a shout

they will manage the works, tenders and bill the other side

https://aspray.com/

nationwide service
Don't do it!!!

ZOLLAR

19,920 posts

203 months

Wednesday 26th September 2018
quotequote all
peterzoom said:
That can't be correct, surely

Should it not be the case More Than take charge and get the repairs taken care of? They are suggesting that outside of vehicle repairs thy are not able to fix anything else. Has no one ever knocked over a set of traffic lights or a lamp standard or garden wall ever before????

Any advice on how to proceed?
Quite correct, unfortunately st happens.
Sometime as Adults we have to deal with unexpected inconveniences!

FYI the insurer will assessing whether they will cover you for the damage, it'll come down to negligence.
If there isn't they won't be settling your costs.

dukeboy749r

3,846 posts

240 months

Wednesday 26th September 2018
quotequote all
guitarcarfanatic said:
Insurancejon said:
give Aspray a shout

they will manage the works, tenders and bill the other side

https://aspray.com/

nationwide service
Don't do it!!!
Can I ask why not?

medieval

1,499 posts

241 months

Wednesday 26th September 2018
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Isn't this under the immobile property agreement?

guitarcarfanatic

1,990 posts

165 months

Thursday 27th September 2018
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Aspray (like most loss assessors) don't exactly have the best reputation in the marketplace. Go in with your eyes wide open and make sure they are very transparent about who is paying for their service. Normally a fee from you, plus they will push to use their own contractors so they get a healthy kick-back.

Appointing a loss assessor will almost certainly have the claim referred to counter fraud at the insurer and although the outcome won't change, it may just take a little longer to get things settled. In fairness, assessors can add value...but just be cautious before jumping in.

ElectricPics

761 posts

111 months

Thursday 27th September 2018
quotequote all
ZOLLAR said:
FYI the insurer will assessing whether they will cover you for the damage, it'll come down to negligence.
If there isn't they won't be settling your costs.
Surely the damage was caused by either negligence on the part of the insured or a vehicle fault, in which case they'll be shelling out either way?


ZOLLAR

19,920 posts

203 months

Thursday 27th September 2018
quotequote all
ElectricPics said:
ZOLLAR said:
FYI the insurer will assessing whether they will cover you for the damage, it'll come down to negligence.
If there isn't they won't be settling your costs.
Surely the damage was caused by either negligence on the part of the insured or a vehicle fault, in which case they'll be shelling out either way?
That's what'll need to be established via investigation of the vehicle and the last drivers actions, If the driver leaves the handbrake off then yes negligence, if there was no negligence they'll likely refuse to reimburse losses.


Pro Bono

685 posts

107 months

Sunday 30th September 2018
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ZOLLAR said:
ElectricPics said:
ZOLLAR said:
FYI the insurer will assessing whether they will cover you for the damage, it'll come down to negligence.
If there isn't they won't be settling your costs.
Surely the damage was caused by either negligence on the part of the insured or a vehicle fault, in which case they'll be shelling out either way?
That's what'll need to be established via investigation of the vehicle and the last drivers actions, If the driver leaves the handbrake off then yes negligence, if there was no negligence they'll likely refuse to reimburse losses.
Don't worry about liability being denied because you can't prove negligence. In cases like this the legal doctrine of res ipsa loquitur (the facts speak for themselves) comes into play and the insurers wouldn't have a leg to stand on.