Insurance query
Author
Discussion

anonymous-user

Original Poster:

84 months

Tuesday 29th January 2019
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[redacted]

BertBert

21,268 posts

241 months

Tuesday 29th January 2019
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As a rank amateur in such matters, I think it might be hard. It doesn't sound like a circumstance where your insurance will cover you as the driver was not insured by your naval insurance company to drive the vehicle. I imagine that the recovery company/driver are actually responsible as they were negligent, but I don't think your insurance will help. You might have to make a claim from the recovery company. But, you've already accepted financial recompense from them, so you could be buggered there as well.

However it's worth reading your insurance policy top see if there is any cover for when your van is in the hands of a recovery company.

Over to people who know something on the subject.

Bert

KungFuPanda

4,641 posts

200 months

Tuesday 29th January 2019
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You state you didn't have breakdown cover so you had to call a recovery truck. Therefore there is no relationship between the recovery company and your insurer.

The driver of the recovery truck was negligent as he damaged your vehicle whilst it was being loaded onto his truck. Liability therefore lies with him. You need to recover the cost of the damage from him or more likely the company he was working for. The matter becomes a bit more difficult due to the fact that the recovery company is based abroad.

The fact that you accepted a lower rate for the cost of recovery doesn't preclude you from pursuing your losses.

Obviously if you're fully comp, your insurer will repair your vehicle and attempt to recover from the negligent party.

TwigtheWonderkid

49,087 posts

180 months

Tuesday 29th January 2019
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KungFuPanda said:
Obviously if you're fully comp, your insurer will repair your vehicle and attempt to recover from the negligent party.
That depends if his policy extends to cover the vehicle whilst in the hands of the motor trade. The OP gave permission to someone to drive his vehicle who wasn't insured to drive it on the OP's own policy, assuming, like most people, the OP has a policy for himself only or himself and other named drivers (wife, mum, dad, whoever). Some insurers also give an extension to cover the vehicle whilst being driven by someone in the motor trade (like a mechanic or a recovery driver). Some don't.

spikeyhead

20,443 posts

227 months

Thursday 31st January 2019
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If it's driveable then I'd forget about doing anything other than carrying on driving it

TwigtheWonderkid

49,087 posts

180 months

Thursday 31st January 2019
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anonymous said:
[redacted]
I doubt any amc will want to get involved in a case where the route to a successful recovery of your (and their outlay) is so fraught with issues. It's a foreign tp, which is never easy, and there's the question on whether their offer of a reduced charge recovery of your vehicle was made in lieu of a settlement, which you accepted.

Sorry to be pessimistic, but if your own insurers aren't covering it, I think you're on a hiding to nothing.

anonymous-user

Original Poster:

84 months

Thursday 31st January 2019
quotequote all
I am sure there is a poster on here who has an accident management company. I'm not sure the claim is big enough for there to be any money it though.

Your insurer will be able to find out who insures the recovery vehicle in France, and it's possible that the same insurer does their liability insurance, if they have any. That may prompt them to send it to a competent team in their claims handling section.

BertBert

21,268 posts

241 months

Thursday 31st January 2019
quotequote all
desolate said:
Your insurer will be able to find out who insures the recovery vehicle in France, and it's possible that the same insurer does their liability insurance, if they have any. That may prompt them to send it to a competent team in their claims handling section.
Really?

TwigtheWonderkid

49,087 posts

180 months

Thursday 31st January 2019
quotequote all
desolate said:
Your insurer will be able to find out who insures the recovery vehicle in France, and it's possible that the same insurer does their liability insurance, if they have any. That may prompt them to send it to a competent team in their claims handling section.
Why would they bother. The claim has got nothing to do with them, as the OP let an uninsured driver drive the vehicle, and there's no tp damage. His insurers won't do anything. They won't want to create the impression that they are dealing with the claim.



anonymous-user

Original Poster:

84 months

Thursday 31st January 2019
quotequote all
TwigtheWonderkid said:
Why would they bother. The claim has got nothing to do with them, as the OP let an uninsured driver drive the vehicle, and there's no tp damage. His insurers won't do anything. They won't want to create the impression that they are dealing with the claim.


Unless it's a cowboy outfit the driver will be insured to drive the car onto his recovery truck. However the damage wasn't caused by his driving.

And yes there is a database of insured vehicles throughout the EU. The database the police and DVLA check is the result of an EU directive.

rallycross

13,752 posts

267 months

Thursday 31st January 2019
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If this happened to me with with an old £1500 an I'd just carry on and would not be trying to get my own insurer to pay for it, its a cheap van, get a rubber mallet, some wood and wack it back into van shape and spray some paint on it and keep driving!

TwigtheWonderkid

49,087 posts

180 months

Friday 1st February 2019
quotequote all
desolate said:
Unless it's a cowboy outfit the driver will be insured to drive the car onto his recovery truck.
I agree, but why would the OP's insurance co get involved in helping the OP obtain that info? They are not dealing with his claim.

anonymous-user

Original Poster:

84 months

Friday 1st February 2019
quotequote all
TwigtheWonderkid said:
desolate said:
Unless it's a cowboy outfit the driver will be insured to drive the car onto his recovery truck.
I agree, but why would the OP's insurance co get involved in helping the OP obtain that info? They are not dealing with his claim.
Just because they don't have to help their policyholder. doesn't mean they shouldn't.

It's an unusual set of circumstances so they should try and help their client.

So the probably won't, but they could.

TwigtheWonderkid

49,087 posts

180 months

Friday 1st February 2019
quotequote all
desolate said:
TwigtheWonderkid said:
desolate said:
Unless it's a cowboy outfit the driver will be insured to drive the car onto his recovery truck.
I agree, but why would the OP's insurance co get involved in helping the OP obtain that info? They are not dealing with his claim.
Just because they don't have to help their policyholder. doesn't mean they shouldn't.

It's an unusual set of circumstances so they should try and help their client.

So the probably won't, but they could.
Not a chance. If they got involved, if only to try and help, it would weaken their position if the OP went to the ombudsman re their refusal to cover the claim. The OP would argue that their involvement was a sign that they felt guilty or were on thin ice about their reasons for declining the claim.

anonymous-user

Original Poster:

84 months

Friday 1st February 2019
quotequote all
TwigtheWonderkid said:
Not a chance. If they got involved, if only to try and help, it would weaken their position if the OP went to the ombudsman re their refusal to cover the claim. The OP would argue that their involvement was a sign that they felt guilty or were on thin ice about their reasons for declining the claim.
Load of bks.
Typical insurance company "hide behind the system" bullst.



TwigtheWonderkid

49,087 posts

180 months

Friday 1st February 2019
quotequote all
desolate said:
TwigtheWonderkid said:
Not a chance. If they got involved, if only to try and help, it would weaken their position if the OP went to the ombudsman re their refusal to cover the claim. The OP would argue that their involvement was a sign that they felt guilty or were on thin ice about their reasons for declining the claim.
Load of bks.
Typical insurance company "hide behind the system" bullst.
I have never heard of an insurer, having turned down an own damage claim, then help the client with claiming the costs off the responsible tp. Never.

If anyone has had this happen to them, I'd be fascinated to hear about it.

anonymous-user

Original Poster:

84 months

Friday 1st February 2019
quotequote all
Whilst the incident wasn't a result of driving I have said that would give a clue as to who their insurer could be.

The Op could have a read of this if his insurer won't assist. Given the sums involved it may not be worth it but that would be his decision.

https://www.mib.org.uk/making-a-claim/claims-invol...

Sheepshanks

41,051 posts

149 months

Friday 1st February 2019
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anonymous said:
[redacted]
In view of that, even if your insurer accepted the claim all they'd do is write the van off and likely offer you about £500 for it.

Bit of a punt, but it's got to be worth sending the recovery driver (or his firm) an invoice for the damage.

BertBert

21,268 posts

241 months

Friday 1st February 2019
quotequote all
desolate said:
Load of bks.
Typical insurance company "hide behind the system" bullst.
I think you have got the load of bks bit right, but aimed at the wrong place. This isn't something the insurers have given cover for. Not the thing that the OP has bought from them. Why would they possibly get into a process to 'help out'? And what on earth has it got to do with some "the system"?
The insurance of the recovery company is irrelevant too. If the OP wants money, he needs to claim it from the recovery company. Simple as that. Not a single thing to do with his own insurance company.
Bert

anonymous-user

Original Poster:

84 months

Friday 1st February 2019
quotequote all
BertBert said:
I think you have got the load of bks bit right, but aimed at the wrong place. This isn't something the insurers have given cover for. Not the thing that the OP has bought from them. Why would they possibly get into a process to 'help out'? And what on earth has it got to do with some "the system"?
The insurance of the recovery company is irrelevant too. If the OP wants money, he needs to claim it from the recovery company. Simple as that. Not a single thing to do with his own insurance company.
Bert
On the presumption that the vehicle damaged was insured comprehensively I think you are wrong.

Just because his insurance company can't be arsed it doesn't mean they can't.

If it's TPO then maybe I'd agree but they could still throw the OP a bone and give him the info


Did they also sell the OP a legal expenses extension?