Insurance - Can I just get if fixed and claim off them?
Discussion
Daughter's car (owned by me) parked on the road was clipped by a council bin lorry - all caught in 4K on our CCTV. The damage is cosmetic i.e. OSF wing, OS headlight and corner of bumper. Car drives fine.
One repair quote is £2600 (all genuine VW parts etc). I'm still awaitng another which will be no doubt similar. However, both repariers said it is unlikely the other parties insurures will accept new parts on a 6 year old Polo with 100K miles in the clock, and will state used parts. Car is very good condifuton mind.
Another option is I buy a used wing (plenty of used genuine VW on eBay from legit breakers, even available in the same colour) and the headlight, plus have the bumper repaired. This will cost me less than £1000 and I can get it done pronto and have the car back on the road.
My question is this ... Can I proceed with this second and far cheaper option, and then simply claim this off the other parties insurers? (surely a win for all concerned)
PS There is zero question about the other parties liabilty in this; the manager of council bin depot apolgised over email etc.
One repair quote is £2600 (all genuine VW parts etc). I'm still awaitng another which will be no doubt similar. However, both repariers said it is unlikely the other parties insurures will accept new parts on a 6 year old Polo with 100K miles in the clock, and will state used parts. Car is very good condifuton mind.
Another option is I buy a used wing (plenty of used genuine VW on eBay from legit breakers, even available in the same colour) and the headlight, plus have the bumper repaired. This will cost me less than £1000 and I can get it done pronto and have the car back on the road.
My question is this ... Can I proceed with this second and far cheaper option, and then simply claim this off the other parties insurers? (surely a win for all concerned)
PS There is zero question about the other parties liabilty in this; the manager of council bin depot apolgised over email etc.
I'm the owner (I paid for it, I'm on the V5). Daughter (19) insures it (though again I'm paying).
I don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
I don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
churchie2856 said:
I'm the owner (I paid for it, I'm on the V5). Daughter (19) insures it (though again I'm paying).
I don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
You cannot just go ahead with any repair even if the bin man has said sorry because it’s not actually his call either. I don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
You can request that the council claim on their insurance and all then being well they will adjust the claim accordingly and / or either repair it or declare it a write off depending on the percentage of value damages in terms of cost to repair relative to the car value.
However even if this is the case your Daughter may well be asked for a number of years if she has been involved in any incidents ( whether her fault or not ) as regards future insurance quotes.
The other alternative is to simply claim off her Insurance and then they will no doubt seek subrogation ( or not ) against the Councils insurer but they will at least handle everything.
In theory, yes. In practice, insurers tend to like using their own "approved" repairers, because substandard repairs or owners going off-piste can cause more trouble than its worth. So proceed with caution. But yes, the insurance route is best. If they do write it off, make sure you retain possession of the car until you know the full picture, and insist they offer it to you as part-settlement of the claim if that happens. You can't control if its written off or not, it is the decision of the insurers (suitably-qualified person).
churchie2856 said:
the manager of council bin depot apolgised over email etc.
As they already know about it they will now have loads of paper work to fill in. Some of which will probably get back to your insurance co. As already said, you will need to tell them at the next renewal anyway. Not disclosing information that they already might have will not end well.
I understand your logic entirely and agree it's a s
t situation to be in, but welcome to modern motoring.You really only have the one option, Tell your insurance co and let them sort it out.
Trying to do it on the cheap could have disastrous consequences in the future. A cancelled insurance policy will cost you way more than the bill you're facing now.
119 said:
I m pretty sure insurers approved repairer will be the one with the cheapest bid and nothing to do with standard of work.
Why are you sure of that?When I had to claim a few years ago, the approved repairer was the official body shop for my make of car and the one I wanted to use anyway.
davek_964 said:
119 said:
I m pretty sure insurers approved repairer will be the one with the cheapest bid and nothing to do with standard of work.
Why are you sure of that?When I had to claim a few years ago, the approved repairer was the official body shop for my make of car and the one I wanted to use anyway.
I probably should have said ‘many insurers’.
churchie2856 said:
I'm the owner (I paid for it, I'm on the V5). Daughter (19) insures it (though again I'm paying).
I don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
No harm in contacting the same person at the council and laying out the optionsI don't want my daughter to involve her insurers, because dspite this being no faut of hers, in my experience it will still not look good down the line. Moreover, why should she/I involve insurers our side.
The fault is with the other party and they've admited liablity.
I just can't be doing with inflated cost, AMCs, and waiting on others. I have the money to crack on now and in the end will have my costs covered. So irrespective off merits or not, can I just submit an invoince to the other party and/or their insurers and say 'settle that (reasonable bill)' or I'll take them to small claims.
What is my legal right?
You are trying to mitigate loss so that will stand you in good stead.
If they refuse to pay then I can't see them winning in court as you can demonstrate you have tried to be reasonable
It's a council though so I can't imagine they will be swift.
You don't have to involve your insurers.
Involving your own may cause you more problems than the Council involving theirs. They'll have enough motor, employer's and public liability policies in place, and bumps etc may be a regular occurrence.
If the car is written off then does that concern you in regards to selling it later on down the line? Something worth bearing in mind.
It is possible to agree a repair sum provided you're transparent, but double-check they are willing to pay it all and ideally cover the cost of a courtesy car. They may want to oversee the repairs to ensure you don't simply either bag the dosh or repair it whilst having plenty of spare change at their expense.
I would not involve a third party accident management company. That could just lead to possible breaches of your motor policy and then issues like cancellation which will follow you or your daughter around for several years at a huge cost and inconvenience.
Always a risk if they change their mind and decide to involve insurers. They can always report the incident to theirs, who will get in touch with yours, and the cat is let out of the bag as to some spurious third party 'management' company.
Also a risk if that third party accident management company contacts you to try and coerce you into settling, or duping you into accepting a courtesy car that turns out not to be free. Another way to get on the wrong side of your insurers and end up out of pocket.
One thing I'm personally curious about is the fate of an employee with their employer if they crash the dustbin van.
My local council (Leeds) have led the management company of the development I live in to believe that drivers automatically get the sack for accidents.
They then stopped collecting the recycling bins until we paid for the bin storage yard to be moved to somewhere where there was no chance of them clipping residents' vehicles when going up or down a narrow private driveway, as it had happened before.
Seems a bit draconian. Accidents do happen, and on the assumption the driver who crashed into your car has not been sacked, maybe it is an example of local authorities saying or doing things that suit them - tread with caution if you're going to resolve this privately.
Involving your own may cause you more problems than the Council involving theirs. They'll have enough motor, employer's and public liability policies in place, and bumps etc may be a regular occurrence.
If the car is written off then does that concern you in regards to selling it later on down the line? Something worth bearing in mind.
It is possible to agree a repair sum provided you're transparent, but double-check they are willing to pay it all and ideally cover the cost of a courtesy car. They may want to oversee the repairs to ensure you don't simply either bag the dosh or repair it whilst having plenty of spare change at their expense.
I would not involve a third party accident management company. That could just lead to possible breaches of your motor policy and then issues like cancellation which will follow you or your daughter around for several years at a huge cost and inconvenience.
Always a risk if they change their mind and decide to involve insurers. They can always report the incident to theirs, who will get in touch with yours, and the cat is let out of the bag as to some spurious third party 'management' company.
Also a risk if that third party accident management company contacts you to try and coerce you into settling, or duping you into accepting a courtesy car that turns out not to be free. Another way to get on the wrong side of your insurers and end up out of pocket.
One thing I'm personally curious about is the fate of an employee with their employer if they crash the dustbin van.
My local council (Leeds) have led the management company of the development I live in to believe that drivers automatically get the sack for accidents.
They then stopped collecting the recycling bins until we paid for the bin storage yard to be moved to somewhere where there was no chance of them clipping residents' vehicles when going up or down a narrow private driveway, as it had happened before.
Seems a bit draconian. Accidents do happen, and on the assumption the driver who crashed into your car has not been sacked, maybe it is an example of local authorities saying or doing things that suit them - tread with caution if you're going to resolve this privately.
Edited by CaptainScarlet1967 on Friday 10th April 18:23
churchie2856 said:
My question is this ... Can I proceed with this second and far cheaper option, and then simply claim this off the other parties insurers? (surely a win for all concerned)
The ONLY person that can answer this is the TP insurance co.You/she will STILL need to declare it at renewal when asked the question "have you been involved in any accident/incidents in the last 5 years?"
The end.
OP here.
Thank you for the responses. Quick update.
1) I checked daughters insurance policy T&Cs (Hastings Direct) and one has to notify them of any incident concerning the vehicle even if we have no intention of claiming via our policy (my original plan) and are completely not at fault.
2) The £2600 bodyshop estimate was the 'full' / 'offical' estimate they would prepare for a insurer i.e. literally everything! I was told they do it for considerably less if I were paying privately by pragmatically sourcing legitimate used parts and repair the bumper rather than replacing.
3) Using Confuesd.Com I did two renewal quotes. One with including £3K no-fault claim paid by other party, the other without the claim. Surprisingly the quotes with the claim as part of the proposal came back cheaper!! The lowest with was £513, the lowest without was £533. Plus all were cheeper than this years policy. I ran it a few time to check it wasn't a fluke.
Given point 1 and 3, likely we'll just give it to our insurer to take it up with the council's insurer especially as there is no question as to who is at fault etc.
What was not clear from my CCTV was the reg of the bin lorry. So Miss C and I took a trip to the depot earlier and asked to see the boss. We showed him the video and he apologised there and then. He emailed me his contact details, gave me their full insurance details (didnt ask for mine) and then later sent me the registration of the lorry in question. Very helpful and a refreshing chnage in this day and age.
Thank you for the responses. Quick update.
1) I checked daughters insurance policy T&Cs (Hastings Direct) and one has to notify them of any incident concerning the vehicle even if we have no intention of claiming via our policy (my original plan) and are completely not at fault.
2) The £2600 bodyshop estimate was the 'full' / 'offical' estimate they would prepare for a insurer i.e. literally everything! I was told they do it for considerably less if I were paying privately by pragmatically sourcing legitimate used parts and repair the bumper rather than replacing.
3) Using Confuesd.Com I did two renewal quotes. One with including £3K no-fault claim paid by other party, the other without the claim. Surprisingly the quotes with the claim as part of the proposal came back cheaper!! The lowest with was £513, the lowest without was £533. Plus all were cheeper than this years policy. I ran it a few time to check it wasn't a fluke.
Given point 1 and 3, likely we'll just give it to our insurer to take it up with the council's insurer especially as there is no question as to who is at fault etc.
What was not clear from my CCTV was the reg of the bin lorry. So Miss C and I took a trip to the depot earlier and asked to see the boss. We showed him the video and he apologised there and then. He emailed me his contact details, gave me their full insurance details (didnt ask for mine) and then later sent me the registration of the lorry in question. Very helpful and a refreshing chnage in this day and age.
Edited by churchie2856 on Friday 10th April 19:29
When an Arriva bus swiped wife's (but I'm the owner and RK, she is main driver) parked car they sent the firm who handles their accidents out to look at the car and they did an estimate, then suggested where to get it fixed and said they'd provide a car. I asked if they'd settle in cash instead and they did that, but would only pay ex-VAT - if I got if fixed and provided a VAT receipt they'd add the VAT.
I took it to our local guy and he polished it out - we thought the OSF wing was very slightly depressed (scuff had been mainly on the trim around the wheel arch) but the body shop guy thought I'd be mad to get it repaired.
The bus company's accident management people said the incident would be registered on claims databases. I didn't tell our insurer for a couple of years as I thought the wording on the renewal allowed me to play dumb. I had to call the insurer and the question I was asked was a bit more all-encompassing so I owned up. They added £50 to the renewal (about 15%) which felt like more of a penalty for not telling them than anything else.
I took it to our local guy and he polished it out - we thought the OSF wing was very slightly depressed (scuff had been mainly on the trim around the wheel arch) but the body shop guy thought I'd be mad to get it repaired.
The bus company's accident management people said the incident would be registered on claims databases. I didn't tell our insurer for a couple of years as I thought the wording on the renewal allowed me to play dumb. I had to call the insurer and the question I was asked was a bit more all-encompassing so I owned up. They added £50 to the renewal (about 15%) which felt like more of a penalty for not telling them than anything else.
Edited by Sheepshanks on Friday 10th April 20:45
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