Legal Advice - Accident Management fiasco
Discussion
Hello fellow PH’ers
Recently my careless neighbour kindly reversed into the side of my unoccupied pride and joy, luckily fessed up and left a note. His insurance contacted me and offered a choice of two body shops. I have always used the same body shop for almost the last twenty years so had no intention to take it anywhere else. I was advised to use an Accident management company and one was recommended who had been very good with someone in the know.
I contacted them (let’s call them Company A) good as gold went through the process, advising my chosen body shop was fine to use etc. I then got a call as described from their subcontractors (Company B) to arrange collection and delivery of my car with a hire car in between. A date was set and that was that.
What happened next was frustrating, car was delivered but they advised they do not pick up the car, I was told wrong and it’s company A’s fault. Many frustrating phone calls later I was advised my car would be now collected by company C, the following day. Company C are a recovery firm essentially and used because the messed up the collection/delivery.
They arrive the following morning with a low loader, I hand over keys and sign. Guy photographs my car using his (old) mobile and asked me to sign. I did. I toddled off back to my flat to get ready for work to ensure I was not late. Looked out window where I could see him loading the car. Didn’t think much of it. Carried on getting ready and off he went, I photographed this point.
Arrived at body shop who reported to me that it was damaged also on the front bumper, which I had not declared or asked them to fix and wanted to know if I needed it doing etc. But nope, that was pretty much brand new apart from a small stone chip. Now apparently it has a whopping chunk missing from the corner/underside of the front bumper. The wound is 100% brand new, no dirt or grime or anything in it.
I have complained to the company B about the issue as they were responsible for (poorly) arranging it and now my car is damaged further. They were slightly apologetic about the experience but essentially said we are satisfied it was -resent before collection - take it up with the ombudsman.
Aside from the obvious about taking this to the ombudsman, what can I legally do? They have said it is their final response and no further action.
I use this cars for shows and occasional weekend drives, it’s never had so much as a parking dent so I would have noticed half the bumper being ripped off, it simply was not and could not have been me, the damage is consistent with being improperly loaded onto a low loader. Their refusal of the claim sort of contained an admission that they noticed more damage AFTER it was loaded onto the trailer but say I signed for it (I didn’t).
Anybody know a good course of action?
Recently my careless neighbour kindly reversed into the side of my unoccupied pride and joy, luckily fessed up and left a note. His insurance contacted me and offered a choice of two body shops. I have always used the same body shop for almost the last twenty years so had no intention to take it anywhere else. I was advised to use an Accident management company and one was recommended who had been very good with someone in the know.
I contacted them (let’s call them Company A) good as gold went through the process, advising my chosen body shop was fine to use etc. I then got a call as described from their subcontractors (Company B) to arrange collection and delivery of my car with a hire car in between. A date was set and that was that.
What happened next was frustrating, car was delivered but they advised they do not pick up the car, I was told wrong and it’s company A’s fault. Many frustrating phone calls later I was advised my car would be now collected by company C, the following day. Company C are a recovery firm essentially and used because the messed up the collection/delivery.
They arrive the following morning with a low loader, I hand over keys and sign. Guy photographs my car using his (old) mobile and asked me to sign. I did. I toddled off back to my flat to get ready for work to ensure I was not late. Looked out window where I could see him loading the car. Didn’t think much of it. Carried on getting ready and off he went, I photographed this point.
Arrived at body shop who reported to me that it was damaged also on the front bumper, which I had not declared or asked them to fix and wanted to know if I needed it doing etc. But nope, that was pretty much brand new apart from a small stone chip. Now apparently it has a whopping chunk missing from the corner/underside of the front bumper. The wound is 100% brand new, no dirt or grime or anything in it.
I have complained to the company B about the issue as they were responsible for (poorly) arranging it and now my car is damaged further. They were slightly apologetic about the experience but essentially said we are satisfied it was -resent before collection - take it up with the ombudsman.
Aside from the obvious about taking this to the ombudsman, what can I legally do? They have said it is their final response and no further action.
I use this cars for shows and occasional weekend drives, it’s never had so much as a parking dent so I would have noticed half the bumper being ripped off, it simply was not and could not have been me, the damage is consistent with being improperly loaded onto a low loader. Their refusal of the claim sort of contained an admission that they noticed more damage AFTER it was loaded onto the trailer but say I signed for it (I didn’t).
Anybody know a good course of action?
Perhaps I didn’t write that clearly, it was merely me stating there is zero chance it was me, the only thing that had happened to the car was the recovery so it must have been either loading or unloading.
Who would I claim against if I used my policy? I don’t have the recovery drivers reg or anything like that.
Who would I claim against if I used my policy? I don’t have the recovery drivers reg or anything like that.
You can’t take it to the ombudsman. You decided to involve another party and not use either your own insurer or the third party insurer. The ombudsman only gets involved with issues between yourself and your own insurer.
What proof do you have that your car was undamaged before it got loaded? Evidence other than your own statement. Did the form you signed clearly describe the damage to your vehicle? Did you see the photos taken by the delivery driver?
At the time the vehicle was loaded, who’s care was it in? If it was in the care of the recovery driver or repairing garage or AMC, your insurer might not even pay out. You’ll have to pursue one of the trader insurers.
What proof do you have that your car was undamaged before it got loaded? Evidence other than your own statement. Did the form you signed clearly describe the damage to your vehicle? Did you see the photos taken by the delivery driver?
At the time the vehicle was loaded, who’s care was it in? If it was in the care of the recovery driver or repairing garage or AMC, your insurer might not even pay out. You’ll have to pursue one of the trader insurers.
It sounds to me as though your claim is against company A. They are the ones with whom you have a contract, and the other people involved are just their sub-contractors, all contractually responsible to company A, not to you directly.
You could probably sue the sub-contractors in negligence, but why bother? You have a contract with company A so just sue them using Moneyclaim online if they refuse to pay up - https://www.moneyclaim.gov.uk/web/mcol/welcome
You could probably sue the sub-contractors in negligence, but why bother? You have a contract with company A so just sue them using Moneyclaim online if they refuse to pay up - https://www.moneyclaim.gov.uk/web/mcol/welcome
When your car was picked up and the car was photographed.
If the person who loaded the car and photographed the car before hand cannot show that the car had damage to the bumper. Sue him/them.
They chose to photograph the car and in doing so put themselves in a position as to be able to demonstrate any damaged caused before loading AND any damage that appeared after loading.
You need to see the photos taken before loading that show the damage.
If the person who loaded the car and photographed the car before hand cannot show that the car had damage to the bumper. Sue him/them.
They chose to photograph the car and in doing so put themselves in a position as to be able to demonstrate any damaged caused before loading AND any damage that appeared after loading.
You need to see the photos taken before loading that show the damage.
Edited by kestral on Wednesday 15th April 19:36
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