Non fault accident, where do I stand?
Discussion
Been lurking on here for a while, so apologies for my first post being an advice request!
I was involved in a non fault accident earlier tonight. To cut a long story short someone pulled out of a junction into the side of my car. Luckily the police were already at the scene on an unrelated incident.
The other party admitted fault in front of the PC and has also admitted liability to her insurance company. (Who also happen to be my provider.)
The insurance company have been back in touch with me and said I can take my car to one of their approved repairers and make a claim against her. However I have a couple of issues with this.
Firstly the list of approved repair centres are all independant garages who I havent really heard of.
Given that I bought the car on a used approved basis 5 months ago from a franchised dealer with 12 months warranty I would ideally like to have them carry out the repairs on the vehicle. I have used them in the past on another vehicle (bodywork warranty claim) and they did a very good job. The insurer do not list them as one of their approved repair centres. I was hoping that it was up to me were I have my car repaired? Is this not the case? The advisor i spoke to didnt seem to think so. Would this affect my warranty?
Secondly the person who hit me was in their first year of driving, and as it transpired has already had one claim already in that period. I contacted her after speaking with both sides of the insurance and said that I would obtain a quote from my preferred repairer, and pass it to her with the intention of settling between ourselves without claiming on her policy. I mentioned that this might actually work out cheaper for her in the long run, as she will likely already have a high excess and next year will suffer a rather heavy premium for a second accident on her policy. Is it then her choice or mine on which route to take?
Another small issue thats arisen from all of this is that being self employed I am having to take a couple of days off work to sort out the issue and as such am losing income for trying to resolve a problem i didnt create. Is there anyway I can claim this back without resorting to one of the "no win no fee" bandits that make our premiums so expensive in the first place?
Just for reference the car is an Audi TT worth about £16-17K with a few medium size dents and scuffs between the passenger door, rear quarter and sill, and ironicly the 1998 Clio that hit it came away unscathed,although having said that,glady so did both occupants!!
I was involved in a non fault accident earlier tonight. To cut a long story short someone pulled out of a junction into the side of my car. Luckily the police were already at the scene on an unrelated incident.
The other party admitted fault in front of the PC and has also admitted liability to her insurance company. (Who also happen to be my provider.)
The insurance company have been back in touch with me and said I can take my car to one of their approved repairers and make a claim against her. However I have a couple of issues with this.
Firstly the list of approved repair centres are all independant garages who I havent really heard of.
Given that I bought the car on a used approved basis 5 months ago from a franchised dealer with 12 months warranty I would ideally like to have them carry out the repairs on the vehicle. I have used them in the past on another vehicle (bodywork warranty claim) and they did a very good job. The insurer do not list them as one of their approved repair centres. I was hoping that it was up to me were I have my car repaired? Is this not the case? The advisor i spoke to didnt seem to think so. Would this affect my warranty?
Secondly the person who hit me was in their first year of driving, and as it transpired has already had one claim already in that period. I contacted her after speaking with both sides of the insurance and said that I would obtain a quote from my preferred repairer, and pass it to her with the intention of settling between ourselves without claiming on her policy. I mentioned that this might actually work out cheaper for her in the long run, as she will likely already have a high excess and next year will suffer a rather heavy premium for a second accident on her policy. Is it then her choice or mine on which route to take?
Another small issue thats arisen from all of this is that being self employed I am having to take a couple of days off work to sort out the issue and as such am losing income for trying to resolve a problem i didnt create. Is there anyway I can claim this back without resorting to one of the "no win no fee" bandits that make our premiums so expensive in the first place?
Just for reference the car is an Audi TT worth about £16-17K with a few medium size dents and scuffs between the passenger door, rear quarter and sill, and ironicly the 1998 Clio that hit it came away unscathed,although having said that,glady so did both occupants!!
As I understand it having been involved in a fairly time consuming off.....if you go down the route of accepting liability rather than insurance, then it will be difficult to claim for loss of earnings, as the solicitors would have to make a small claims case agianst the driver
The insurance company however would probably look at this as part of their own claim against themselves????????if you get what I mean.....
The insurance company however would probably look at this as part of their own claim against themselves????????if you get what I mean.....
I may have been unclear here, or maybe I have misread your reply 
By settling outside of the insurance company, I wouldnt want to be admitting liability, just saying to the other party "I've had a repair quote and this is what its going to cost, if you can foot the bill theres no need to go through the insurance."
Ive been trying to do a bit of reading on the whole insurance approved repairer thing, and it seems that legally its my choice where i get my car repaired, Although I think I will ring the Association of British Insurers in the morning to clarify.
To be honest I think the lost income will be chalked down to the joys of being a contractor!
By settling outside of the insurance company, I wouldnt want to be admitting liability, just saying to the other party "I've had a repair quote and this is what its going to cost, if you can foot the bill theres no need to go through the insurance."
Ive been trying to do a bit of reading on the whole insurance approved repairer thing, and it seems that legally its my choice where i get my car repaired, Although I think I will ring the Association of British Insurers in the morning to clarify.
To be honest I think the lost income will be chalked down to the joys of being a contractor!
Non fault accident=Claims management company usually but you sound against this course of action as they’ll also look into appointing an ambulance chaser type to pursue any personal injury and loss of earnings etc. I’m not 100% on where you will stand with your and the third parties insurance being the same company but expect it’s no different than if you had different insurers expect they can control their costs even more. In appointing a claims management company they will get an independent assessment of the damage, my bike was written off when I had a non-fault accident so not sure where you stand in deviating from their preferred garages. If you just want to re-coupe your loss of earnings I’d speak to a local solicitor and see if they can peruse that for you, although I suspect without a personal injury element to make money off you’ll ultimately be out of pocket as they’ll charge you.
ETA
You're probably better off posting a link to this topic in SP&L loads of guys that frequent that forum really know their stuff when it comes to insurance companies/claims etc.
ETA
You're probably better off posting a link to this topic in SP&L loads of guys that frequent that forum really know their stuff when it comes to insurance companies/claims etc.
Edited by andrew311 on Tuesday 9th November 01:21
TheEnd said:
Go Compare said:
has also admitted liability to her insurance company.
That puts her insurance up next year anyway, whether she makes a claim or not, they know now, and it'll be on record.And you can have your car repaired wherever you choose - it's your car. The only slight catch is that some insurers won't supply a hire car if you don't use their approved repairers, but most bodyshops will have one tolend you anyway.
If your loss of earnings is significant, then go through the insurance claim process. You'll struggle to claim anything through small claims court I would think.
I had a look last night and found lots of places stating that about choice of repairer. So hopefully I can persuade the insurance company without too much hassle.
With regards to hire car, I seem to remember getting a phone call from the insurer when I took out the policy.
They were trying to sell me the option of a hire car in the event that I was in an accident or the car was stolen. Apparently their standard practice is only to give a courtsey car in the event that mine was written off.
With regards to hire car, I seem to remember getting a phone call from the insurer when I took out the policy.
They were trying to sell me the option of a hire car in the event that I was in an accident or the car was stolen. Apparently their standard practice is only to give a courtsey car in the event that mine was written off.
I see that you are self employed but can't see how it can take 2 days to sort out a claim. Both you and her have the same INS co so that makes things as simple as can be.
The problem is getting a hire car for when your car is in for repair or immediately if it's not driveable. Don't go outside the insurance it will just get worse.
The problem is getting a hire car for when your car is in for repair or immediately if it's not driveable. Don't go outside the insurance it will just get worse.
If there's no damage to her car (or she's only insured third party) then she won't be paying out an excess - I'm fairly sure that only applies to damage to the first party vehicle.
If you've already spoken to her insurance company its going to affect her regardless, so just get an insurance repair and insist on the garage of your choice.
If you've already spoken to her insurance company its going to affect her regardless, so just get an insurance repair and insist on the garage of your choice.
Edited by Thorburn on Tuesday 9th November 09:58
Thorburn said:
If there's no damage to her car (or she's only insured third party) then she won't be paying out an excess - I'm fairly sure that only applies to damage to the first party vehicle.
If you've already spoken to her insurance company its going to affect her regardless, so just get an insurance repair and insist on the garage of your choice.
That's not the easiest thing to do if going through your own insurance. If you want to use your preferred repairer it's best to claim everything direct from the third party's insurer.If you've already spoken to her insurance company its going to affect her regardless, so just get an insurance repair and insist on the garage of your choice.
If that sounds like a lot of hassle (especially with you both having the same insurer) contact a good independent accident management team like Europa to sort it out
Edited by saaby93 on Tuesday 9th November 10:10
If you choose your own repairer, they will send out an assessor to give an idea of the damage, to stop you or the repairer taking the piss.
I insisted on my own repairer when I got whacked last year, their approved repairer was about 40miles away, and had not seen any of their work. Guys local to me were very good so insisted on using them.
I insisted on my own repairer when I got whacked last year, their approved repairer was about 40miles away, and had not seen any of their work. Guys local to me were very good so insisted on using them.
Been sorting it out this afternoon.
After speaking with my insurance company I got a call on behalf of the other party from her insurance company. (I say its the same company, its actually Bell / Elephant who are more or less the same outfit)
I was told that I can take the car for an estimate to a repair centre of my choice. I have done this and they have faxed the estimate to her insurance company who are going to cover the cost. She also told me tha i was entitled to a hire car whilst mine is being repaired. They have a like for like scheme through an external company so I am getting another TT, and again her insurance will cover the cost of this.
I asked about loss of earnings and they said they may remiburse me for this as long as I can provide proof.
As for the question of how this can take 2 days to sort out. So far I have been on the go since 9:00 this morning, ringing the insurance companies, ringing the car hire firm, travelling to a couple of garages estimates. I've just retunred home and still need to speak to the repair centre and insurance companies with regard to organising when the work will begin.
Once that does happen I need to drop my car off at the repair centre and pick up the hire car.
And once everything is complete drop the car back and pick up my vehicle.
Given that i charge my time out hourly, I cant see the company I'm presently working for being very happy with me invoicing them for time spent not working!
After speaking with my insurance company I got a call on behalf of the other party from her insurance company. (I say its the same company, its actually Bell / Elephant who are more or less the same outfit)
I was told that I can take the car for an estimate to a repair centre of my choice. I have done this and they have faxed the estimate to her insurance company who are going to cover the cost. She also told me tha i was entitled to a hire car whilst mine is being repaired. They have a like for like scheme through an external company so I am getting another TT, and again her insurance will cover the cost of this.
I asked about loss of earnings and they said they may remiburse me for this as long as I can provide proof.
As for the question of how this can take 2 days to sort out. So far I have been on the go since 9:00 this morning, ringing the insurance companies, ringing the car hire firm, travelling to a couple of garages estimates. I've just retunred home and still need to speak to the repair centre and insurance companies with regard to organising when the work will begin.
Once that does happen I need to drop my car off at the repair centre and pick up the hire car.
And once everything is complete drop the car back and pick up my vehicle.
Given that i charge my time out hourly, I cant see the company I'm presently working for being very happy with me invoicing them for time spent not working!
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