Problems with Third Party after an accident
Problems with Third Party after an accident
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Discussion

Uppy89

Original Poster:

72 posts

132 months

Wednesday 31st August 2016
quotequote all
To cut a long story short, I was involved in an accident a week ago after a lorry changed lane, hitting my car in the process.

After stopping, the driver admitted full liability at the scene stating that he hadn't seen me as I was in his blind spot. Both vehicles were drivable, there was an independent witness who backed this all up and from my point of view I thought happy days, open and shut case and will get sorted quickly.

I contact my insurance as soon as I get home 20 minutes later and they advise they want to use an accident management company who will come along, pick my car up, give me a like for like replacement and bring my repaired car back after. No inconvenience for me and I don't spend a penny. All this is assuming the haulage company admit liability...

This is where the problems have been. Trying to get anything out of the haulage company has been a nightmare.
Speaking with my accident management company, they still haven't informed their insurance, they have not returned any calls, they have put the phone down on the accident management company and when I phone them, I have had all sorts of excuses as to why they haven't returned the calls, the latest being "the insurance man is at a funeral."

Basically I now have 2 options. I either keep pestering trying to get the haulage company to speak with my accident management company and hopefully subsequently formally admit liability or I pay my insurance excess (£400), get the damage sorted and then use the legal cover on my insurance to try and get my excess back which I am reluctant to do as the accident wasn't my fault and I have seen how hard it has been trying to get anything out of them.

Carrying on using the accident management company might not be an option for much longer though as they have told me today that there is only so long they will chase this for.

So PHers,what would you do? Anyone ever had similar problems?

ShaunTheSheep

951 posts

185 months

Wednesday 31st August 2016
quotequote all
The legal cover was useless for me.

Neighbour reversed into my car which was parked well up my driveway (so god knows how they managed it). Admitted fault straight away, no issues.

I paid the excess just to get it all sorted asap.

Their insurer completely ignored mine for months on end.

My supposed legal representation was extraordinarily hesitant to take on the case or pursue the other insurer in court.

There were no extenuating circumstances and the other driver continued to admit full liability. Was over a year to get sorted.

Jimmyarm

1,962 posts

208 months

Wednesday 31st August 2016
quotequote all
Why are you trying to speak to them ? Your accident management company should be speaking to the haulage firms insurance company, it is there problem to speak to their customer and get their version of events, not yours.

I hope you got some pics of the lorry !

spitfire-ian

4,236 posts

258 months

Wednesday 31st August 2016
quotequote all
This ^^^^^

The reason for the accident management company is so that you don't have to do anything. Leave them to get on with things.

DaveH23

3,355 posts

200 months

Wednesday 31st August 2016
quotequote all
If the accident management company have got you in to a hire car don't they pass these charges on to the 3rd party (haulage company). If they can't recover these costs then the OP is liable for the hire charges.

If you have agreed to anything check the T&C's very carefully.

The above is only from what I have picked up from others on here.

catman

2,504 posts

205 months

Wednesday 31st August 2016
quotequote all
I had A Solicitor drive into my car many years ago. She always agreed that she was liable, but kept "forgetting" to contact her Insurer.

I sent her a letter telling her that I would sue her personally for the damage. It only took her two days to "remember" to contact them. Your Accident Management Co could do the same.

Tim

ooo000ooo

2,647 posts

224 months

Wednesday 31st August 2016
quotequote all
From my experience of causing an accident, the other guys solicitors lodged a claim against me personally including a court summons (?) Which I passed on to my insurance company to deal. Certainly focuses your mind to make sure they are doing their job properly when you get paperwork telling you to be in court on Monday and they haven't told you anything about what you're supposed to do or if their solicitor is dealing at 4 o'clock on the Friday.
Assuming you have the drivers details can your insurance company not issue the claim directly to him?

Crafty_

14,176 posts

230 months

Wednesday 31st August 2016
quotequote all
Report the accident to the police? Granted they are hardly going to run down there and start nicking people but I believe they will ensure that the driver was adequately insured, which is at least a start.

TankRizzo

8,025 posts

223 months

Wednesday 31st August 2016
quotequote all
Be very careful with this. The AMC will only care about recovering the cost from the 3rd party and charging your insurer an exorbitant day rate for car hire.

If they cannot recover from 3rd party, you will be on the hook for the car hire cost as you signed the credit agreement. This is exactly the reason why I got my dad to send the AMC car back and deal with the 3rd party insurer directly (who provided him a car anyway)

roofer

5,136 posts

241 months

Wednesday 31st August 2016
quotequote all
AMC's, ponses and ambulance chasers.

Little Pete

1,915 posts

124 months

Wednesday 31st August 2016
quotequote all
Cut the AMC out of the loop and go back to your insurance company. Explain to them the problems you are having and demand that they get involved, after all they're the people you pay your premiums to. I did this in an almost identical situation and my insurance dealt with the third party's insurance directly and the problem was resolved.

C70R

17,596 posts

134 months

Thursday 1st September 2016
quotequote all
Jimmyarm said:
Why are you trying to speak to them ? Your accident management company should be speaking to the haulage firms insurance company, it is there problem to speak to their customer and get their version of events, not yours.
This.
Take a chill pill, and let the AMC get on with it. It's what you've been paying your insurance premiums for, after all.

Sheepshanks

41,196 posts

149 months

Thursday 1st September 2016
quotequote all
Little Pete said:
Cut the AMC out of the loop and go back to your insurance company. Explain to them the problems you are having and demand that they get involved, after all they're the people you pay your premiums to. I did this in an almost identical situation and my insurance dealt with the third party's insurance directly and the problem was resolved.
He's done this but he'll have to pay the excess and then chase to get it back.

These cases always hit a bump if the other party doesn't report it to their insurer. As someone else mentioned, going after the driver personally should shake things up - it would help to have his home address.

pinchmeimdreamin

10,898 posts

248 months

Thursday 1st September 2016
quotequote all
C70R said:
Jimmyarm said:
Why are you trying to speak to them ? Your accident management company should be speaking to the haulage firms insurance company, it is there problem to speak to their customer and get their version of events, not yours.
This.
Take a chill pill, and let the AMC get on with it. It's what you've been paying your insurance premiums for, after all.
No he is paying his premiums for his Insurance company to sort it out not pass it to an AMC.

omgus

7,305 posts

205 months

Thursday 1st September 2016
quotequote all
C70R said:
Jimmyarm said:
Why are you trying to speak to them ? Your accident management company should be speaking to the haulage firms insurance company, it is there problem to speak to their customer and get their version of events, not yours.
This.
Take a chill pill, and let the AMC get on with it. It's what you've been paying your insurance premiums for, after all.
nono


Little Pete said:
Cut the AMC out of the loop and go back to your insurance company. Explain to them the problems you are having and demand that they get involved, after all they're the people you pay your premiums to. I did this in an almost identical situation and my insurance dealt with the third party's insurance directly and the problem was resolved.
yes

Lass at work got stung with a rather large bill for a hire car she didn't really need.
AMCs have their uses, but this does not sound like a time i would want to be using them.

C70R

17,596 posts

134 months

Thursday 1st September 2016
quotequote all
pinchmeimdreamin said:
C70R said:
Jimmyarm said:
Why are you trying to speak to them ? Your accident management company should be speaking to the haulage firms insurance company, it is there problem to speak to their customer and get their version of events, not yours.
This.
Take a chill pill, and let the AMC get on with it. It's what you've been paying your insurance premiums for, after all.
No he is paying his premiums for his Insurance company to sort it out not pass it to an AMC.
And what money do you think his insurance company uses to pay the AMC?

MKnight702

3,439 posts

244 months

Thursday 1st September 2016
quotequote all
C70R said:
And what money do you think his insurance company uses to pay the AMC?
None I imagine, I believe they will recover their costs from the TP insurer or failing that the OP. Read the small print carefully...

C70R

17,596 posts

134 months

Thursday 1st September 2016
quotequote all
MKnight702 said:
C70R said:
And what money do you think his insurance company uses to pay the AMC?
None I imagine, I believe they will recover their costs from the TP insurer or failing that the OP. Read the small print carefully...
Precisely. It's what we all pay insurance policies for - right from fleet to personal. If the OP has an admission of guilt and an independent witness, he need only sit tight and enjoy a courtesy car while it gets resolved.
No need to encumber oneself with chasing third parties.

Red Devil

13,524 posts

238 months

Thursday 1st September 2016
quotequote all
OP, when your insurer advised you it wanted to use an AMC did it explain to you that you could be on the hook for all or part of the hire cost if there were any issues in getting the full amount reimbursed by the TP insurer? If not, it may be in breach of TCF principles - https://www.the-fca.org.uk/firms/insurance-conduct...

I have found that telling an AMC you're not interested in having a hire car can bring about a sudden change in attitude. It becomes quite keen to distance itself from handling the case and pass it back to your insurer.

catman said:
I had A Solicitor drive into my car many years ago. She always agreed that she was liable, but kept "forgetting" to contact her Insurer.

I sent her a letter telling her that I would sue her personally for the damage. It only took her two days to "remember" to contact them. Your Accident Management Co could do the same.
Exactly. Why hasn't the AMC stopped faffing about and issued directly against the haulage company? It might encourage the Directors/Company Secretary to get off their collective backsides and deal with it.

PorkInsider

6,623 posts

171 months

Thursday 1st September 2016
quotequote all
C70R said:
MKnight702 said:
C70R said:
And what money do you think his insurance company uses to pay the AMC?
None I imagine, I believe they will recover their costs from the TP insurer or failing that the OP. Read the small print carefully...
Precisely. It's what we all pay insurance policies for - right from fleet to personal. If the OP has an admission of guilt and an independent witness, he need only sit tight and enjoy a courtesy car while it gets resolved.
No need to encumber oneself with chasing third parties.
You're missing the point re: AMC recovering their costs from OP if they can't get the money from the 3rd party insurer.

AMCs don't provide cars and then just hope that they will get the money from the insurer. They know that they are going to recover their costs from OP if no one else is paying...

A car from an AMC is not the same as just being provided with a courtesy car.