Accident woes!
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Discussion

plums

Original Poster:

2,533 posts

252 months

Monday 27th July 2020
quotequote all

I suspect the answer to this is ultimately no but interested to hear any views!!

Long story short - my tip / dog car was destroyed by an idiot the other day who crashed into it with his brand new 4x4. To make matters worse, my car was then shunted into my wife's car and that is also going in for repair.

My car was only worth circa £1500 but ultimately was worth more to me as a known quantity that I had owned for several years and maintained well.

My vehicle empty at the time so no issue of personal injury claim or other loss of property.

I'm obviously keen to recover as much as possible from the responsible driver as I now have the hassle of finding a replacement and the insurers have made a very low offer for the write off value (which I am disputing with evidence of comparables for sale plus a Parkers valuation).

I know the basic legal principle is that I can only reclaim financial damages that I have actually suffered but has anyone been able to recover anything for the general messing around and inconvenience of dealing with this?

Likewise has anyone successfully recovered a contribution towards the cost of increased premiums next year (even though it's a non-fault claim I expect to pay £50-100 more for my insurance next year).

I must have spent at least 6 hours on this to date which includes clearing debris off the road and pavement / dealing with various phone calls to the insurers and hire car company / searching for comparable valuation evidence etc

First world problems and all that but still irks me to be left out of pocket!

Cheers

vikingaero

13,268 posts

198 months

Monday 27th July 2020
quotequote all
I've no doubt that some people have claimed for out of pocket expenses, but the hassle, inconvenience is generally a hidden cost of motoring much like car park dings, stone chips etc.

plums

Original Poster:

2,533 posts

252 months

Monday 27th July 2020
quotequote all
Fair point, trying to take a philosophical approach in that at least no one was hurt...

TooLateForAName

4,925 posts

213 months

Monday 27th July 2020
quotequote all
At least they are doing something. Similar thing happened to my brother.

Woman drove into his car while he was in bed - she initially claimed that he'd driven into her then went through a number of alternative contradictory versions of reality and iirc it took nearly 2 years before the insurance paid out.

ResQ1

99 posts

77 months

Monday 27th July 2020
quotequote all
If you aren't claiming for the hire of an alternative vehicle, you could claim an daily amount (around £10 per day) for "loss of use and general inconvenience" which would run from the day of the accident until you received the settlement payout from your insurer.

This would have to be claimed (along with any other uninsured losses) from the third party's insurers.

Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.

Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.

In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.

Edited by ResQ1 on Monday 27th July 14:08

abucd4

541 posts

173 months

Monday 27th July 2020
quotequote all
I would also add that as you are dealing with the third party’s insurance co directly, where they are in full control of the costs, they may become far more willing to see things your way should you suddenly decide to consider the route of using an accident management company, who will offer to source you a hire car at the third party’s expense, which would invariably cost them far far more.

Could they perhaps offer a small payment to cover your inconvenience and transport costs in lieu of not going this route?

(I don’t actually recommend using one as can make things drag out considerably, but if you were stuck it could be an option, and may open up some options if discussed).

TwigtheWonderkid

49,040 posts

179 months

Monday 27th July 2020
quotequote all
plums said:
Likewise has anyone successfully recovered a contribution towards the cost of increased premiums next year (even though it's a non-fault claim I expect to pay £50-100 more for my insurance next year).
That's a non starter. You have a duty to mitigate your losses, and many insurers do not charge for non fault accidents. Although they may be more expensive than another that does, for other reasons. But you could insure easily without any extra to pay. If you choose an insurer that does charge extra (because they are cheaper), that's down to you.

So

16,810 posts

199 months

Monday 27th July 2020
quotequote all
You could always make up the difference with a sore neck.

plums

Original Poster:

2,533 posts

252 months

Monday 27th July 2020
quotequote all
So said:
You could always make up the difference with a sore neck.
Ha, if that was feasible I would be tempted but fortunately both cars were unoccupied at the time!

So

16,810 posts

199 months

Monday 27th July 2020
quotequote all
plums said:
So said:
You could always make up the difference with a sore neck.
Ha, if that was feasible I would be tempted but fortunately both cars were unoccupied at the time!
Maybe, but you could have been sat in it waiting to reverse out.

plums

Original Poster:

2,533 posts

252 months

Monday 27th July 2020
quotequote all
ResQ1 said:
If you aren't claiming for the hire of an alternative vehicle, you could claim an daily amount (around £10 per day) for "loss of use and general inconvenience" which would run from the day of the accident until you received the settlement payout from your insurer.

This would have to be claimed (along with any other uninsured losses) from the third party's insurers.

Claiming an amount for "loss of a known vehicle" won't be accepted. In the eyes of the law it's a simple object and can be replaced for X amount with a similar object.

Claiming for the cost of clearing up after the accident isn't really claimable unless you have it done by someone else who charges you for performing that service . You would need to provide proof of the amount (normally in the form of an invoice) to support this.

In term of increased premiums, I have seen claims for this, the difficulty is proving the loss, as simply claiming an arbitrary amount isn't likely to be accepted so isnt normally claimed now.

Edited by ResQ1 on Monday 27th July 14:08
Excellent that's useful info thanks.

I only renewed my current policy in May so I may submit an insurance quotation with the same details, but declare a no-fault claim and see what happens to the quotation. That would give a fair indication. My wife made a non-fault claim 2 years ago and we're still suffering increased premiums due to that.

Derek Smith

49,748 posts

277 months

Monday 27th July 2020
quotequote all
I own a 14-year-old car. It was driven into by a chap who admitted full responsibility. He had no option, but this doesn't stop a lot of people I know.

I approached my insurer to ask for repair rather than the vehicle being written off as it was in very good condition, and low mileage. The person at the end of the line said this was unlikely, although a chap - claims assessor? - came to review the damage and he was quite amenable saying he'd have a word with the repair shop.

They offered to replace the wing with a s/h one, which I thought they'd do in any case. I agreed and got my car back slightly better than before. The wing was immaculate, with no rust underneath. I'm well pleased. If your car is repairable, have a word with your insurance company.

I've been told, moaned at in fact by a friend whom this happened to, and I don't know if it is true, but if the vehicle is written off, you lose the rest of the year's insurance as well. It's not something you can claim back either. I'm told.

NGee

2,940 posts

193 months

Monday 27th July 2020
quotequote all
Derek Smith said:
I don't know if it is true, but if the vehicle is written off, you lose the rest of the year's insurance as well. It's not something you can claim back either. I'm told.
Not true, or at least it certainly wasn't in my case.

ozzuk

1,455 posts

156 months

Monday 27th July 2020
quotequote all
NGee said:
Not true, or at least it certainly wasn't in my case.
Are you sure?? When my motorbike was stolen it ended my policy, likely the same for a vehicle written off - I mean, what is there to insure??

martinbiz

3,698 posts

174 months

Monday 27th July 2020
quotequote all
ozzuk said:
NGee said:
Not true, or at least it certainly wasn't in my case.
Are you sure?? When my motorbike was stolen it ended my policy, likely the same for a vehicle written off - I mean, what is there to insure??
Like most things all policies are different, when I had a car stolen a few years ago only about 2 months after my renewal, I fully expected to have to write off the cost of the insurance only to be told they would transfer it to my replacement vehicle when purchased with just a £10 admin fee, pleasantly surprised to say the least as it wasn't a cheap car to insure.

It's a bit like the blanket assertion that a non fault claim will always put your insurance up, simply not true, there are many factors involved and it might go up or it might not

Cudd Wudd

1,118 posts

154 months

Monday 27th July 2020
quotequote all
So said:
You could always make up the difference with a sore neck.
Back pain due to bending/sweeping debris off the road scratchchin



NGee

2,940 posts

193 months

Monday 27th July 2020
quotequote all
ozzuk said:
NGee said:
Not true, or at least it certainly wasn't in my case.
Are you sure?? When my motorbike was stolen it ended my policy, likely the same for a vehicle written off - I mean, what is there to insure??
Absolutely, 100%. It was written off because the cost of spraying and fitting a new rear bumper was almost as much as the value of the car. (Admin expenses, hire car, etc would have put up the cost to over the car value). I bought the car back from the insurance co, checked it was still insured, (it was) and carried on driving it!
The write off payment, minus my buy back price, was in my bank within 24 hrs of the accident.
That was nearly 5 years ago and I'm still driving it around with the same dented bumper!


Edited by NGee on Monday 27th July 18:58

Sheepshanks

40,990 posts

148 months

Monday 27th July 2020
quotequote all
Cudd Wudd said:
So said:
You could always make up the difference with a sore neck.
Back pain due to bending/sweeping debris off the road scratchchin
Psychological trauma? Mental issues seem to be worth far more than physical ones these days.

grumpy52

6,062 posts

195 months

Monday 27th July 2020
quotequote all
When I lived in Germany I had my car written off outside the house .
It was only a little Datsun Cherry Coupe that had cost peanuts .
The system out there at the time was that the insurance company appointed an arbitrator/ claim handler .
I ended up with more than 3 times the value of my car .
I was paid an allowance in lieu of a hire car ( I was on holiday in the UK followed by a brief period in hospital so didn't need a car )
The cost of de registration of the car . The cost of registration of my next car . The cost of removing the stereo and fitting in my next car .
A sum to cover phone calls and correspondence.
The car was valued much higher than my cost .
I made one phone call , received two phone calls , and everything was done and dusted within 6 weeks . Payment was by bank transfer. All this was back in 1989 , It seems that the insurance industry hasn't caught up in the UK , it certainly hasn't progressed.

AW8

303 posts

240 months

Tuesday 28th July 2020
quotequote all
Re car value disputes with insurers

If car payout low then negotiate,

Most will accept, (usually 3), prices of similar age/condition cars advertised on autotrader.

Photos of your car in good condition or recent history might assist.

I do not believe insurance companies will acknowledge or recognise Parkers

If writtten off & repairable you could buy your car(s) back at write off value then repair & keep or sell......if the maths looks okay,