Accident - not at fault - Auxillis keep phoning me? ? ?

[carefulplodder]

Hi, accident on sunday, definitely not our fault (have witness and police agree TP at fault too). Quite serious as both cars are write offs (my opinion, not assessed yet). Driver drove straight across a junction and mini roundabout with slowing let alone stopping (we had right of way).

My insurer have passed me on to Auxillis, but I have a distrust of such companies. Is this warranted? They claim there is no way I could be held responsible for the cost of a credit hire car, but is this really true? They got on the phone and said they are sending me a hire car (they did not ask if I even wanted one!). Do I have to use Auxillis or can I choose my own firm (any recommendations)? Can I try the insurer of the TP - they have not contacted me. My insurer advised me NOT to use them directly as I would lose my excess etc and this issue is liability is very clear cut here so I should not have any problems.

Any views on Auxillis or other companies?

Thnks a lot for any advice
Carefulplodder

[Davie_GLA]

Hand It all over to europa accident management.

[Tankrizzo]

I would not be using an AMC if it was clear-cut and the TP insurer was prepared to admit liability. Just deal straight with them and get them to give you a car whilst yours is being assessed.

[Red Devil]

OP, Auxillis is the rebranding of Helphire and Albany Assistance.
http://www.fleetnews.co.uk/news/fleet-industry-new...

You can not be compelled to take a hire car although your refusal will tick them off.
Avoid them like the plague. Read this thread - http://www.pistonheads.com/gassing/topic.asp?h=0&a...

The important thing for you is not whether the third party admitted liability.
It is whether her insurer has done so. If so, deal with them direct.
It will be in their interest to get the matter dealt with speedily and costs minimised.
The company your insurer has foisted on you are a different matter.
Be aware that the hire car costs will be down to you should the TP insurer dispute them.

[Denis O]

Red Devil said:

Avoid them like the plague. Read this thread - http://www.pistonheads.com/gassing/topic.asp?h=0&a...

I had a scan through that thread and it reminded me what a detestable oik LoonR1 was and how right PH were to get rid.

As for Albany, follow the "avoid like the plague" advice.

[Gafferjim]

"We had right of way" No-one has right of way at a roundabout, large or mini you must be prepared to stop. (Not saying that it's your fault, just a correction)

[Old Fart]

Gafferjim said:

"We had right of way" No-one has right of way at a roundabout, large or mini you must be prepared to stop. (Not saying that it's your fault, just a correction)

May I suggest that you read this https://www.gov.uk/guidance/the-highway-code/using...

[Centurion07]

Denis O said:

I had a scan through that thread and it reminded me what a detestable oik LoonR1 was and how right PH were to get rid.

He used to tell how it was and when that didn't align with what someone wanted to hear they cried like little girls to the mods. So now we just have various people that SOUND like they know what they're talking about.

I know I'd get bored pretty quickly of people telling me how their one-off experience as an end-user was in fact the industry standard, despite my professional qualifications and experience and would respond in exactly the same way.

[carefulplodder]

Thnanks for all the advice. Confirms my view and we won't use Auxillis. I've contacted the TP insurer today (they admit liability) and they are arranging all the hire car/ repairs / write off details.

I didn't say, but we had an independent witness and the police attended too and confirmed the view that TP at total fault. We did slow at the roundabout but the TP driver hit us from our left doing 30+ so had not slowed for the junction at all (or apparently noticed its existence). So I think liability very cut and dried here.

You'll think I'm making this up, but when TP driver asked what he was doing in the area (not a local) he said he was "looking for the location of his upcoming speed awareness course..."

Can I ask something else? If the car is written off (or when, as I am sure it will be) how long is it reasonable to expect to retain the hire car for. Am worried we will be forced to search for another vehicle quickly over the Christmas period (we have family visiting soon, and just no time to do this without messing up our holidays plans). I don't want to be rushed into buying a replacement quickly, that might not be approrpiate for us, or not having access to a car at all.

Thanks again

[pork911]

Centurion07 said:

He used to tell how it was and when that didn't align with what someone wanted to hear they cried like little girls to the mods. So now we just have various people that SOUND like they know what they're talking about.

I know I'd get bored pretty quickly of people telling me how their one-off experience as an end-user was in fact the industry standard, despite my professional qualifications and experience and would respond in exactly the same way.

Unfortunately his responses often were the same with people who were just as or even more experienced and qualified.

[Red Devil]

carefulplodder said:

You'll think I'm making this up, but when TP driver asked what he was doing in the area (not a local) he said he was "looking for the location of his upcoming speed awareness course..."

Sorry: couldn't help myself.

carefulplodder said:

Can I ask something else? If the car is written off (or when, as I am sure it will be) how long is it reasonable to expect to retain the hire car for. Am worried we will be forced to search for another vehicle quickly over the Christmas period (we have family visiting soon, and just no time to do this without messing up our holidays plans). I don't want to be rushed into buying a replacement quickly, that might not be approrpiate for us, or not having access to a car at all.

Ummmm: tricky one. You will be at the mercy of the TP insurer if they are providing it. Plus, with a write off there is scope for argument about the settlement value. What if you don't agree with the figure they come up with? It's one of those 'how long is a piece of string?' questions. I'm not a fan of most AMCs but I think it might be a good idea if you were to ask PH member anniesdad (check his profile).

[Gafferjim]

Old Fart said:

May I suggest that you read this https://www.gov.uk/guidance/the-highway-code/using...

And???? if there is a single dotted line across the lane on approach to the roundabout, mini or otherwise, no one had right of way unless they are already on the roundabout. 99.999% of roundabout do have that dotted line.

Please copy & paste the bit that you think states otherwise.

[Red Devil]

Just remembered this bit from the OP.

carefulplodder said:

My insurer advised me NOT to use them directly as I would lose my excess etc

Were you actually told that? If so they are not merely jerking your chain but are in fact misleading you which is a clear breach of their TCF obligations under ICOBS.
What they have said is impossible if you are dealing direct with the TP insurer and they have no reasonable excuse for not knowing it.

An excess is a contribution you are required to pay towards a claim you make on your car insurance policy.

If it were me I would be making an official complaint once the claim against the TP insurer is settled. And probably be looking for another provider come renewal time.

[carefulplodder]

Thanks, my own insurer said I would lose my no claims if I used them, not the TP insurer. They just wanted to off load me to an Accident Management Company (Auxillis). That said, I don't think my own insurer are that good.

However, I did not include a courtesy car on my policy deliberately (we live in Greater London and can manage without the car most of the time .... I just hadn't thought about it being written off over a holiday period when I used the car a lot more!)

I also don't want to be forced into buying any old car very quickly over the christmas holiday period, as we might get a bad deal or poor choice. I can imagine that might happen.

If I use the TP hire car now, can I get an Accident Management Company in later, if it starts doing wrong e.g. I cannot negotiate a reasonable settlement with the insurer?

Thanks again

[funkyrobot]

The legal company in my old thread below was Albany. Absolutely useless and shockingly bad company to deal with. Run!

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[pork911]

OP did your insurer mention the referral fee they were after?;)

Down the road if you are haggling over offers the cmc may be disinclined / totally uninterested in 'assisting'

Doesn't really matter, now or then you simply shouldn't involve yourself in credit hire at all

[carefulplodder]

Funnily enough, no, they did not mention their referral fee! But are there any insurers that do not do this nowadays?

I guess I just feel somewhat exposed if negotiating on my own re valuation later on.

The TP insurers (churchill) have now sent me their T&C and explictly state they will not pay more than £22.38 per day car rental, whatever any accident management teams might have told you! So I don't trust Auxillis on this.

[AgentM]

Last year my wife was involved in a clear no fault accident. Accident management co called her when she was in a distressed state and frankly she would have agreed to anything. That same day a brand new Mercedes was delivered and I called them later and got them to take it away the next day and it had not moved from our driveway until they did. Big battle over the extra insurance fee she paid and the whole episode left a very bad taste in our mouths. In fact they were hideous and money grabbing - will never go close to them again.

I was appalled to hear that the delivery driver encouraged my wife to claim for whiplash even though she made it absolutely clear that she didn't have any at all. Terrible and when I complained to the company they were not remotely bothered.

Ended up dealing directly with the other driver's insurers who were very good and we worked out a fair deal all round with no rip off middle men. We were surprised to receive an extra £1000 from the insurers as they reckoned we saved them many times that by dealing directly and electing to have a Corsa hire car instead of the new Merc.

[Red Devil]

carefulplodder said:

Thanks, my own insurer said I would lose my no claims if I used them, not the TP insurer.

Make your mind up. Your earlier post said excess not NCB!

[carefulplodder]

Both NCD potentially and excess definitely ...