Accident insurance on hold

Accident insurance on hold

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Discussion

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Need some advice...
I had an accident in the snow.i started to pull out of a side street in sloppy conditions.my was struggling to turn right because of the snowy/icy conditions I braked to try and correct the turn and apply a higher gear.when I was doing the turn I saw a taxi skidding towards me.bang!!! He was driving way to fast.i have a witness that saw everything and they say he was driving way to fast in the weather conditions.anyway.my insurance company have put my claim on hold while they investigate my modifications.i am sure I told them about them.1 was tinted windows which the insurance company said they know about that.ok.the other is a stainless steal exhaust which they said they havnt got that on file.i thought I had told them about it.its not a performance exhaust.it was purely brought as the old exhaust was crumbling away.and garage sed I would be better to get a s/s exhaust for prolonged life with a lifetime warranty and only £50 more expensive than the standard exhaust.i honestly thought I had told the insurance company about it.im 40 and I'm not a boyracer.im waiting for my insurance to contact me to tell me there outcome.any advice would be appreciated.

XMT

3,779 posts

146 months

Wednesday 21st March 2018
quotequote all
I wouldn't worry too much and I wouldn't show them that your worried either.
If they try to get funny with you then tell them to get a grip.

Tell them in no uncertain terms, the old exhaust was not fit for purpose, you bought a replacement that is not performance enhancing and thats the end of it.
Tell them I wouldn't phone you if I put on different brand of tyres, or different brand of brake pads etc so put a plug in it.

I assume you visually didnt change it from say a dual exxhaust to a quad exhaust.

People need to start standing up to this bullst

aka_kerrly

12,416 posts

209 months

Wednesday 21st March 2018
quotequote all
Also consider that since the other person hit you their insurance company will be paying out regardless and wouldn't care if you have undeclared modifications.

I also agree with the poster above that Insurance companies really need to get a grip and stop acting like total twits when it comes to older cars having new parts that aren't the OEM but aren't going to make any difference whatsoever in a crash, don't make a car more of a theft risk, don't cause the car to randomly burst into flames etc.


TooMany2cvs

29,008 posts

125 months

Wednesday 21st March 2018
quotequote all
Stainless instead of mild isn't a mod. Not if it's a standard-spec exhaust, material excluded.

When you say "tinted windows", do you mean the front door windows are tinted, past legal?

He might have been coming too quick - but you pulled out in front of him.

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Thank you. I don't really know much about cars.the exhaust that was on it before had 2 exit pipes 1 at each side at the rear.not sure what you call that.but I had it replaced with the same 2 exit pipes so was like for like.apart from it being s/s.i have a feeling they are going to void my insurance though.what are my options if they do.

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
TooMany2cvs said:
Stainless instead of mild isn't a mod. Not if it's a standard-spec exhaust, material excluded.

When you say "tinted windows", do you mean the front door windows are tinted, past legal?

He might have been coming too quick - but you pulled out in front of him.
Tinted windows is just the rear and rear doors.there ok about those though

TooMany2cvs

29,008 posts

125 months

Wednesday 21st March 2018
quotequote all
Spenna36 said:
Thank you. I don't really know much about cars.the exhaust that was on it before had 2 exit pipes 1 at each side at the rear.not sure what you call that.but I had it replaced with the same 2 exit pipes so was like for like.apart from it being s/s.
So assuming that was the standard one beforehand, that doesn't sound like a mod.

Spenna36 said:
i have a feeling they are going to void my insurance though.what are my options if they do.
http://www.financial-ombudsman.org.uk/publications...

Spenna36 said:
Tinted windows is just the rear and rear doors.there ok about those though
Shouldn't be an issue, then.

Trevor555

4,405 posts

83 months

Wednesday 21st March 2018
quotequote all
If your front side windows are tinted and not legal then the insurance co wont be paying for your damage, only for the third parties damage.

I think AS2 is the maximum allowed on a side/front window.

Who ever tinted them for you should have checked and explained.

Edit

Just read the above, nothing to worry about then if it's the rears.

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Front windows are not tinted only rear windows.they are only being funny about the exhaust

brrapp

3,701 posts

161 months

Wednesday 21st March 2018
quotequote all
Did the exhaust make the car so quiet that the taxi driver didn't notice it? This or some other obscure reason that the 'modification' somehow contributed to the accident is the only way the insurance company can legitimately argue against paying out.

Tankrizzo

7,247 posts

192 months

Wednesday 21st March 2018
quotequote all
Is the exhaust a direct pattern replacement for your old one?

Hungrymc

6,642 posts

136 months

Wednesday 21st March 2018
quotequote all
Is there any issue from the insurance with respect to you pulling out of a side road and the vehicle which hit you already being established on the road? I hear you on the speed, that may well be a factor but is hard to prove.

anniesdad

14,589 posts

237 months

Wednesday 21st March 2018
quotequote all
OP,

Review the terms and conditions of your policy to better understand the complaints procedure to follow in the event they do refuse to cover you. As the third party is a taxi driver the likelihood is whatever the circumstances the driver will be wanting to hold you responsible for the damage. However if the accident has been confirmed as not your fault by the other drivers insurers then you may prefer to withdraw your claim against your own insurance and claim directly off their insurance.

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Taxi is holding my responsible

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Tankrizzo said:
Is the exhaust a direct pattern replacement for your old one?
I think it's pretty much the same.it was a bit louder though

NDA

21,488 posts

224 months

Wednesday 21st March 2018
quotequote all
As you pulled out of a side road onto a main road, I suspect the insurance company will say you're at fault. Witnesses saying they 'think' the taxi was going to fast probably won't hold much sway.

anniesdad

14,589 posts

237 months

Wednesday 21st March 2018
quotequote all
Spenna36 said:
Taxi is holding my responsible
Not unexpected from the description of the accident.

Nobody can say for certain what your insurers will decide but from the way you describe the replacement exhaust it isn't performance enhancing. So read the terms and conditions of your policy relating to modifications and see what that says.

It may be of use to contact the company that supplied and fitted the part and secure their evidence as to the reasoning behind supplying the part that you bought?

If you are unsuccessful and feel that you need direct help you could do worse than contact a friend of mine, Tim Kelly -
www.motorclaimguru.co.uk - he may be able to help you.


Cold

15,207 posts

89 months

Wednesday 21st March 2018
quotequote all
NDA said:
As you pulled out of a side road onto a main road, I suspect the insurance company will say you're at fault. Witnesses saying they 'think' the taxi was going to fast probably won't hold much sway.
"I saw that he was going too fast so decided to pull out anyway."


*which in no way sounds like a line from an adult film.

anniesdad

14,589 posts

237 months

Wednesday 21st March 2018
quotequote all
XMT said:
I wouldn't worry too much and I wouldn't show them that your worried either.
If they try to get funny with you then tell them to get a grip.

Tell them in no uncertain terms, the old exhaust was not fit for purpose, you bought a replacement that is not performance enhancing and thats the end of it.
Tell them I wouldn't phone you if I put on different brand of tyres, or different brand of brake pads etc so put a plug in it.

I assume you visually didnt change it from say a dual exxhaust to a quad exhaust.

People need to start standing up to this bullst
This. ^^

Spenna36

Original Poster:

57 posts

72 months

Wednesday 21st March 2018
quotequote all
Cold said:
"I saw that he was going too fast so decided to pull out anyway."


*which in no way sounds like a line from an adult film.
Not the case.he was a good distance up the road.however my car struggled to turn due to icy weather.he had along distance to see me there.but because he was going so fast he just skidded straight into me.