Hit by disqualified driver

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funkyrobot

Original Poster:

18,789 posts

230 months

Friday 8th January 2010
quotequote all
My car was hit last night whilst I was stationary on a minor road. I had stopped at the beginning of the road (off a junction) as I had seen the other vehicle's lights in the distance. I wanted to give him plenty of room to go past as it was icy and there was snow on the road. It wasn't until he was very close to me that I realised he was going pretty quickly. Cue him smashing into me; the force of which pushed me up a verge!

We got out of our cars and I tried to get details from him and give him mine. However, he couldn't understand me as he was a foreign national and all he wanted to do was leave the scene. I managed to get him to stay and as we were blocking a junction and my car wouldn't move I called the police.

The BIB arrived and went through the motions of checking cars, details etc. It was at this point when they informed me he was a disqualified driver. The car was insured but as he was disqualified he wasn't.

So, what can I expect from this? Will it be a simple case of me having to claim because he is uninsured etc? The chap I spoke to at my insurance company said that maybe it won't be all doom and gloom as the vehicle was insured. They just need to investigate why he was driving it.

Also, my car is a V reg Bora Tdi which has been lovingly looked after. It has 130000 miles on the clock but runs (well did run) beautifully. I just had two new tyres on the front too! Will I be looking at a write off here?

The front driver-side corner is mangled up but I managed to drive it back around the corner to work after the incident (the chap apparently works at the same place as me too). The front wing has been ripped off and the bumper and light housing are all smashed.

I'm guessing that it's market value isn't so great so it looks like i'm going to lose out. I have read on here in the past about not accepting the first few offers if it is a write-off etc. But does anybody have any helpful advice about what I should do now? I have checked the internet and cars that are a similar age to mine are fetching around £2000.

Oh well, what a stty evening! Thanks all! My car is currently awaiting collection by a collection company and I'm still awaiting details of a courtesy car that I have paid for with my insurance.

Edited by funkyrobot on Friday 8th January 11:10

funkyrobot

Original Poster:

18,789 posts

230 months

Friday 8th January 2010
quotequote all
W124Bob said:
I'd be very tempted to mention this to your employer and /or colleagues make sure the word gets round he's been driving whilst disqualified.Does he work where a certain amount of trust/honesty is expected|?
This has been done this morning. I left the car at work last night so security were fully aware of the situation this morning. It has also been forwarded to HR. Daft thing is, when I was in security last night the chap showed me an entry in their diary from Monday. The police had been here looking for a disqualified driver. Wondering if this was him?

Thanks for the advice all!

funkyrobot

Original Poster:

18,789 posts

230 months

Friday 8th January 2010
quotequote all
saaby93 said:
funkyrobot said:
The BIB arrived and went through the motions of checking cars, details etc. It was at this point when they informed me he was a disqualified driver. The car was insured but as he was disqualified he wasn't.
I thought we'd agreed in previous threads that third party cover still holds?
In which case go direct to someone like europa as it's a straightforward(!) no fault third party claim
Sorry, but who is this Europa you speak of? Can they actually help me in this situation now my insurers are involved?

Thanks.

funkyrobot

Original Poster:

18,789 posts

230 months

Friday 8th January 2010
quotequote all
saaby93 said:
http://www.europaconsultants.co.uk/
no connection but they generally seem to do what they say they will

Have a chat with them, see if anything's feasible

Edited by saaby93 on Friday 8th January 14:14
Thanks, will do.

funkyrobot

Original Poster:

18,789 posts

230 months

Saturday 9th January 2010
quotequote all
Update.

Car is going to be a write off which is very, very annoying. So, i've been scouring the internet for prices of cars of a similar age, model and mileage of mine. They are all advertised between £1700 and £2200. Insurance company told me that they use glass' guide so I won't know what their initial offer is until final valuation. I'm hoping to get around £1500 for my vehicle (£2000 will be nice and I will be pushing for this) so we'll see what happens.

Spoke to police who have confirmed that the driver admitted to being disqualified etc. But, as there was no translator present (and the snow prevented one being present last night) he was bailed and will have to return to the station at a later date for everything to be done formally.

I am still awaiting delivery of my 3 week hire car but as my vehicle was only assessed this afternoon, I won't be seeing this until Monday at the earliest. This is very annoying and I may have to speak to the insurance company about this as I have paid for vehicle cover but this has been delayed. (It is worth noting here that I have done all of the chasing today. I called the repair garage who told me of the write off. I then called the insurance company to tell me what the repair company said etc. I got the ball rolling).

One more annoying thing is the fact that I have a 2 month old stereo in the car which I want to retrieve. I have been told that if I take this then I have to replace it with another one!! Is this normal? It seems very daft to me. I guess i'll have to try and fill the gap with my old vw one.

So, i'm now looking around at other cars and will shortly have a 3 week grace to get myself sorted.

I guess the process of proving me not at fault will roll on and I'll have to take this as it comes. Investigations are also in progress to find out why the disqualified chap was in an insured car.

funkyrobot

Original Poster:

18,789 posts

230 months

Saturday 9th January 2010
quotequote all
Noger said:
However, why would you pay £1700 (the advertised price) if the seller would take £1500 ?

The "guide" is Retail price, not Private anyway.

Armed with an idea of sale prices from the ads, from dealers, and a guide price from Glasses or similar, you are in a good position to consider the offer. Sounds like you are on the case anyway.
Thanks.

I guess I am trying to keep a very real perspective on this and not convince myself that I will be getting x amount of money for my car. However, I will not take this lying down and I won't let them persuade me with a silly value. I have a few things in my favour that should help me, inc the fact it has full VW service history, the tyres on it were brand new on the front and nearly new on the rear, it has been cleaned regurlarly etc etc. I'll use all of this in my defence.

As has been mentioned above, I will also be peddling the fact that this wasn't my fault at all.

I'll look into Europa consultants, thanks.

Edited by funkyrobot on Saturday 9th January 11:26

funkyrobot

Original Poster:

18,789 posts

230 months

Sunday 10th January 2010
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BliarOut said:
funkyrobot said:
Noger said:
However, why would you pay £1700 (the advertised price) if the seller would take £1500 ?

The "guide" is Retail price, not Private anyway.

Armed with an idea of sale prices from the ads, from dealers, and a guide price from Glasses or similar, you are in a good position to consider the offer. Sounds like you are on the case anyway.
Thanks.

I guess I am trying to keep a very real perspective on this and not convince myself that I will be getting x amount of money for my car. However, I will not take this lying down and I won't let them persuade me with a silly value. I have a few things in my favour that should help me, inc the fact it has full VW service history, the tyres on it were brand new on the front and nearly new on the rear, it has been cleaned regurlarly etc etc. I'll use all of this in my defence.

As has been mentioned above, I will also be peddling the fact that this wasn't my fault at all.

I'll look into Europa consultants, thanks.

Edited by funkyrobot on Saturday 9th January 11:26
Their job is to make good your losses, not give you as little as they can get away with.
Thanks, that is very, very true.

Noger, i'll look at coughing up the £3.50 for the quote from Glass' guide. As you say, it will be a useful benchmark. I'll see what they come back with.

Still waiting for 21 day hire car but I shall be on the case first thing tomorrow morning as they will have no excuses tomorrow.

funkyrobot

Original Poster:

18,789 posts

230 months

Monday 11th January 2010
quotequote all
Been chasing this up today. I have been informed that the insurance policy that was on the car is actually invalid. So the vehicle was uninsured and the driver disqualified. I have been informed I will have my hire car tomorrow or Weds, either way i'm not too happy with the way this has been handled. I seem to have done all of the chasing!

Oh well, valuation time soon. Spoke to the engineer tonight who estimated the car and he informed me that the damage was quite substantial, that is why it has been written off. Also spoke to insurance company who informed me that I will have to claim through the MIB (motor insurance bureau). That isn't good news as this means that this incident is costing everyone who has insurance.

I'll hopefully have my hire car soon then I have 3 weeks to find something else.

I was 6 months away from protecting my no claims too. What an arse of a situation! I am being fairly positive though.

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
saaby93 said:
Noger said:
MIB ? Really ? Might be worth asking how the insurer got out of being Article 75 insurer.
I was thinking that too...
Job for the ombudsman?
Hang on, can someone expand on this please?

I have sent my certificate back to them as they requested this on Saturday morning, but I did take a copy of this. Should I not have done this?

What is this Article 75 stuff? Thanks all, i'm going to be on the phone today as I still haven't got my hire car so the more ammo the better.

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
Emma Patterson said:
Tell your insurance company. They may be able to claim against his insurance even though he was banned. If they can't they will be able to claim through the motor insurance bureau.
My insurance company are fully aware of the whole situation. They know exactly what happened as I have told them about 10 times.

I am going to call them today and demand some answers really. I also want to know how one minute the other chap was insured, then all of a sudden he wasn't. I wonder if the vehicle he was in was insured but this was invalidated as he is a disqualified driver?

Anyway, bottom line is it's nearly been a week since my car was smashed and I still haven't got my hire car. Apparently my insurance has been suspended for the moment too, can they actually do this??

Thanks all.

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
BliarOut said:
I'd pass it all over to PH'er AnniesDad (Europa Consultants), everyone sounds very happy with their service.

http://www.pistonheads.com/gassing/profile.asp?mem...
Thanks Bliar, is it too late for me to go through this company now as it has been nearly a week, and do they cost a lot?

With regards to article 75 I found this, which is interesting (Direct Line had the policy on the other vehicle apparently, but I don't know when it became invalid because the roadside check the police made said there was insurance on the vehicle):

“Article 75 Insurer”

The liability of the MIB under the Uninsured Drivers Agreements is in turn passed on under the MIB’s Articles of Association to any Insurer who is an “Article 75 Insurer” (formerly known as a “Domestic Regulations Insurer”).

Article 75 defines an “Article 75 Insurer” but, broadly speaking, an Article 75 Insurer is any Insurer who was providing motor insurance in respect of the offending vehicle at the time of the accident – or, in the case of a normal 12 month renewable policy, up to 15 days before the accident – notwithstanding that the insurance did not cover the offending user and that for one reason or another the Insurer is not a “Road Traffic Act Insurer”.

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
Thanks everyone. As soon as I get a quiet moment at work i'll give them a call.

Thanks again for helping everyone.

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
saaby93 said:
Out of interest, why did they ask for your certificate?
This where I am confused. Apparently they have suspended my insurance or something? All I know is that I have been told that I am not currently insured (As I asked about driving my fiancee's car as my policy covers me to drive other vehicles) to drive other vehicles until this is sorted out.

They wanted me to return my insurance certificate, along with service history, v5, mot and purchase receipt of the car.

The more I think about this (and i'm on form today as I have been sick the last few days) the more it seems like a piss take and the more it is annoying me.

Am i really being messed around here? Does seem odd but I want things sorted out asap that's why I returned the docs. I did take a copy of everything before it went though.

Edited to add that my insurance is fully comp.

Edited by funkyrobot on Wednesday 13th January 11:59

funkyrobot

Original Poster:

18,789 posts

230 months

Wednesday 13th January 2010
quotequote all
Just found out why I still have no hire car. The company that my insurers use when cars are written off still had 'awaiting details' on their records, even though my car was written off on Friday and details were confirmed on Monday. If I hadn't have rung them just now I wouldn't have seen my hire car until I did.

Wtf is wrong with these shower of st companies!!!

funkyrobot

Original Poster:

18,789 posts

230 months

Tuesday 19th January 2010
quotequote all
Just an update for you all.

Finally got my hire car on Friday and am now trawling around for replacement vehicle.

Also got a letter from the police yesterday saying that the chap who hit me is in court on 28th Jan. So, we'll see what happens.

Still no sign of a valuation but i'm still chasing the insurance company up regularly.

funkyrobot

Original Poster:

18,789 posts

230 months

Tuesday 19th January 2010
quotequote all
Ok, without directly naming names (as I understand PH rules don't allow this) think of that chap Nelson. Then think of the rank he most famously had. That is the insurance company.

I did a whopping great letter of complaint to them on Friday and am just seeing how things progress now. I was called last night by a Claim Team Supervisor or someone in management there, and they 'seem' to be taking my letter seriously. I am dreading the valuation, which incidentally, I still do not have even though they had all the required docs from me on the 12th.

Oh well, onward it rolls lol! smile

Edited for correction.

Edited by funkyrobot on Tuesday 19th January 12:11

funkyrobot

Original Poster:

18,789 posts

230 months

Tuesday 19th January 2010
quotequote all
Hugo a Gogo said:
Nelson was french?
Sorry!

funkyrobot

Original Poster:

18,789 posts

230 months

Tuesday 19th January 2010
quotequote all
ZOLLAR said:
I know who OP is on about, sorry to hear someone messed up make sure its a detailed complaint somebody a few floors above me needs some extra training i think!
Hello Zollar.

The letter was around 3500 words long with a summary section detailing specific points. Hopefully that should be ok smile .

funkyrobot

Original Poster:

18,789 posts

230 months

Tuesday 19th January 2010
quotequote all
ZOLLAR said:
funkyrobot said:
ZOLLAR said:
I know who OP is on about, sorry to hear someone messed up make sure its a detailed complaint somebody a few floors above me needs some extra training i think!
Hello Zollar.

The letter was around 3500 words long with a summary section detailing specific points. Hopefully that should be ok smile .
Good Good complaints are the best way to improve service unfortunatley yours wasn't handled well but hopefully you raising the issue will stop other people going through the same! hope all gets sorted and soon smile
Yep .As I explained to the Claim manager person who called me, it would be very useful for them to take my detailed complaint into consideration. Hopefully this will help them evaluate the working relationship that they have with their dreadful hire car company!! smile

funkyrobot

Original Poster:

18,789 posts

230 months

Sunday 24th January 2010
quotequote all
Just opened my mail and I have a cheque from the Insurance company. The letter states 'this cheque is for your claim settlement'.

It is for £70.00.

Are they taking the piss now or what?

Was my car only worth £70?? fking idiots! frown