Accident woes!
Discussion
I suspect the answer to this is ultimately no but interested to hear any views!!
Long story short - my tip / dog car was destroyed by an idiot the other day who crashed into it with his brand new 4x4. To make matters worse, my car was then shunted into my wife's car and that is also going in for repair.
My car was only worth circa £1500 but ultimately was worth more to me as a known quantity that I had owned for several years and maintained well.
My vehicle empty at the time so no issue of personal injury claim or other loss of property.
I'm obviously keen to recover as much as possible from the responsible driver as I now have the hassle of finding a replacement and the insurers have made a very low offer for the write off value (which I am disputing with evidence of comparables for sale plus a Parkers valuation).
I know the basic legal principle is that I can only reclaim financial damages that I have actually suffered but has anyone been able to recover anything for the general messing around and inconvenience of dealing with this?
Likewise has anyone successfully recovered a contribution towards the cost of increased premiums next year (even though it's a non-fault claim I expect to pay £50-100 more for my insurance next year).
I must have spent at least 6 hours on this to date which includes clearing debris off the road and pavement / dealing with various phone calls to the insurers and hire car company / searching for comparable valuation evidence etc
First world problems and all that but still irks me to be left out of pocket!
Cheers
At least they are doing something. Similar thing happened to my brother.
Woman drove into his car while he was in bed - she initially claimed that he'd driven into her then went through a number of alternative contradictory versions of reality and iirc it took nearly 2 years before the insurance paid out.
Woman drove into his car while he was in bed - she initially claimed that he'd driven into her then went through a number of alternative contradictory versions of reality and iirc it took nearly 2 years before the insurance paid out.
If you aren't claiming for the hire of an alternative vehicle, you could claim an daily amount (around £10 per day) for "loss of use and general inconvenience" which would run from the day of the accident until you received the settlement payout from your insurer.
This would have to be claimed (along with any other uninsured losses) from the third party's insurers.
Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.
Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.
In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.
This would have to be claimed (along with any other uninsured losses) from the third party's insurers.
Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.
Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.
In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.
Edited by ResQ1 on Monday 27th July 14:08
I would also add that as you are dealing with the third party’s insurance co directly, where they are in full control of the costs, they may become far more willing to see things your way should you suddenly decide to consider the route of using an accident management company, who will offer to source you a hire car at the third party’s expense, which would invariably cost them far far more.
Could they perhaps offer a small payment to cover your inconvenience and transport costs in lieu of not going this route?
(I don’t actually recommend using one as can make things drag out considerably, but if you were stuck it could be an option, and may open up some options if discussed).
Could they perhaps offer a small payment to cover your inconvenience and transport costs in lieu of not going this route?
(I don’t actually recommend using one as can make things drag out considerably, but if you were stuck it could be an option, and may open up some options if discussed).
plums said:
Likewise has anyone successfully recovered a contribution towards the cost of increased premiums next year (even though it's a non-fault claim I expect to pay £50-100 more for my insurance next year).
That's a non starter. You have a duty to mitigate your losses, and many insurers do not charge for non fault accidents. Although they may be more expensive than another that does, for other reasons. But you could insure easily without any extra to pay. If you choose an insurer that does charge extra (because they are cheaper), that's down to you. ResQ1 said:
If you aren't claiming for the hire of an alternative vehicle, you could claim an daily amount (around £10 per day) for "loss of use and general inconvenience" which would run from the day of the accident until you received the settlement payout from your insurer.
This would have to be claimed (along with any other uninsured losses) from the third party's insurers.
Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.
Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.
In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.
Excellent that's useful info thanks. This would have to be claimed (along with any other uninsured losses) from the third party's insurers.
Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.
Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.
In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.
Edited by ResQ1 on Monday 27th July 14:08
I only renewed my current policy in May so I may submit an insurance quotation with the same details, but declare a no-fault claim and see what happens to the quotation. That would give a fair indication. My wife made a non-fault claim 2 years ago and we're still suffering increased premiums due to that.
I own a 14-year-old car. It was driven into by a chap who admitted full responsibility. He had no option, but this doesn't stop a lot of people I know.
I approached my insurer to ask for repair rather than the vehicle being written off as it was in very good condition, and low mileage. The person at the end of the line said this was unlikely, although a chap - claims assessor? - came to review the damage and he was quite amenable saying he'd have a word with the repair shop.
They offered to replace the wing with a s/h one, which I thought they'd do in any case. I agreed and got my car back slightly better than before. The wing was immaculate, with no rust underneath. I'm well pleased. If your car is repairable, have a word with your insurance company.
I've been told, moaned at in fact by a friend whom this happened to, and I don't know if it is true, but if the vehicle is written off, you lose the rest of the year's insurance as well. It's not something you can claim back either. I'm told.
I approached my insurer to ask for repair rather than the vehicle being written off as it was in very good condition, and low mileage. The person at the end of the line said this was unlikely, although a chap - claims assessor? - came to review the damage and he was quite amenable saying he'd have a word with the repair shop.
They offered to replace the wing with a s/h one, which I thought they'd do in any case. I agreed and got my car back slightly better than before. The wing was immaculate, with no rust underneath. I'm well pleased. If your car is repairable, have a word with your insurance company.
I've been told, moaned at in fact by a friend whom this happened to, and I don't know if it is true, but if the vehicle is written off, you lose the rest of the year's insurance as well. It's not something you can claim back either. I'm told.
ozzuk said:
NGee said:
Not true, or at least it certainly wasn't in my case.
Are you sure?? When my motorbike was stolen it ended my policy, likely the same for a vehicle written off - I mean, what is there to insure??It's a bit like the blanket assertion that a non fault claim will always put your insurance up, simply not true, there are many factors involved and it might go up or it might not
ozzuk said:
NGee said:
Not true, or at least it certainly wasn't in my case.
Are you sure?? When my motorbike was stolen it ended my policy, likely the same for a vehicle written off - I mean, what is there to insure??The write off payment, minus my buy back price, was in my bank within 24 hrs of the accident.
That was nearly 5 years ago and I'm still driving it around with the same dented bumper!
Edited by NGee on Monday 27th July 18:58
When I lived in Germany I had my car written off outside the house .
It was only a little Datsun Cherry Coupe that had cost peanuts .
The system out there at the time was that the insurance company appointed an arbitrator/ claim handler .
I ended up with more than 3 times the value of my car .
I was paid an allowance in lieu of a hire car ( I was on holiday in the UK followed by a brief period in hospital so didn't need a car )
The cost of de registration of the car . The cost of registration of my next car . The cost of removing the stereo and fitting in my next car .
A sum to cover phone calls and correspondence.
The car was valued much higher than my cost .
I made one phone call , received two phone calls , and everything was done and dusted within 6 weeks . Payment was by bank transfer. All this was back in 1989 , It seems that the insurance industry hasn't caught up in the UK , it certainly hasn't progressed.
It was only a little Datsun Cherry Coupe that had cost peanuts .
The system out there at the time was that the insurance company appointed an arbitrator/ claim handler .
I ended up with more than 3 times the value of my car .
I was paid an allowance in lieu of a hire car ( I was on holiday in the UK followed by a brief period in hospital so didn't need a car )
The cost of de registration of the car . The cost of registration of my next car . The cost of removing the stereo and fitting in my next car .
A sum to cover phone calls and correspondence.
The car was valued much higher than my cost .
I made one phone call , received two phone calls , and everything was done and dusted within 6 weeks . Payment was by bank transfer. All this was back in 1989 , It seems that the insurance industry hasn't caught up in the UK , it certainly hasn't progressed.
Re car value disputes with insurers
If car payout low then negotiate,
Most will accept, (usually 3), prices of similar age/condition cars advertised on autotrader.
Photos of your car in good condition or recent history might assist.
I do not believe insurance companies will acknowledge or recognise Parkers
If writtten off & repairable you could buy your car(s) back at write off value then repair & keep or sell......if the maths looks okay,
If car payout low then negotiate,
Most will accept, (usually 3), prices of similar age/condition cars advertised on autotrader.
Photos of your car in good condition or recent history might assist.
I do not believe insurance companies will acknowledge or recognise Parkers
If writtten off & repairable you could buy your car(s) back at write off value then repair & keep or sell......if the maths looks okay,
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff