Written Off my 458 Spider

Author
Discussion

slow ginn

Original Poster:

67 posts

219 months

Friday 5th August 2022
quotequote all
I’m reposting as Admin removed presumably because I named the insurance company - now removed.

If you could cut and paste your previous valuable responses I’d be very grateful!

Back in early June whilst travelling fairly quickly on an A road in Sussex a car pulled out of a side road right in front of me and to avoid collision I left the road and bounced off several trees in the process destroying my beautiful 458 Spider. Police etc attended and a witness was present although I haven;t heard their view of events. Apparently the case is with Sussex Police Collision unit who will give no details and are investigating the incident but due to a back log dont expect to have concluded matters for 12-16 weeks.
My insurers, after much argument have made me a final improved offer of £141k, (based on CAP) still below what I paid for the car last October but wont pay out until the Collision Unit have confirmed that I will not be prosecuted for Drink Driving or Dangerous Driving - and this wont be confirmed for 12-16 weeks although I passed roadside breathalyser.
Im after some sound advise! It seems absurd that I’ll have to wait for the Police to conclude their investigations before tjhe insurer will pay out and the insurers offer is £30k below what I would have to pay today for a similar car. Spider, Nero and Crema, all options, 17k miles and FFSH.
Can any of you learned folks advise a company or individual that would take on and fight my corner in this nightmare? Do should companies exist?
Many thanks in advance!


slow ginn

Original Poster:

67 posts

219 months

Friday 5th August 2022
quotequote all
‘I would also delete this thread. Insurers can google too and you’ve specified the car and location ‘

Austin_Metro, why would this be a concern?


slow ginn

Original Poster:

67 posts

219 months

Friday 5th August 2022
quotequote all
Wilmslowboy said:
Have you tried contacting an Accident Management Company ?

Not 100% sure if they all support ‘fault claims’ but the threat of a hire car cost (at circa £20k a month) might encourage the insurance co to act quicker.
Good point!!

slow ginn

Original Poster:

67 posts

219 months

Friday 5th August 2022
quotequote all
OutInTheShed said:
The main question IMHO is whether anything other than DUI lets the insurer off the hook.
Apparently Dangerous Driving they wont pay out

slow ginn

Original Poster:

67 posts

219 months

Saturday 6th August 2022
quotequote all
Monkeylegend said:
Did the other car stop and assist the police with their enquiries?
Yes, and police have given me her details which I’ve passed to insurers.

slow ginn

Original Poster:

67 posts

219 months

Saturday 6th August 2022
quotequote all
Thanks all for your comments , some good observations and helpful points.
My view is that the person who pulled out was at fault but interestingly my insurers not pursuing them as there was no collision with them. Until the police conclude their investigation I’ll have to sit tight as has been suggested.
The verges at the junction had not been cut and were dangerously high and undoubtedly restricted the other drivers vision. The very next day the Council cut them probably following a furore on local social media site about another serious accident at this dangerous junction.
Appreciate your comments

slow ginn

Original Poster:

67 posts

219 months

Saturday 6th August 2022
quotequote all
Monkeylegend said:
A collision would have worked out better from an insurance point of view, but at least you avoided the possibility of injuries to the other driver by driving off road.
Yes that seems to be the case

slow ginn

Original Poster:

67 posts

219 months

Sunday 7th August 2022
quotequote all
Matt_E_Mulsion said:
Funnily enough - no.

But if it was a straight forward RTC, it would be unlikely that the Collision Investigation Unit would of involved, there would have been no mention of potential drink driving and no mention of a potential dangerous driving charge. Plus the insurance would have settled the claim without waiting for a conclusion from the Collision Investigation Unit.

Hence I think that there is more to it all.
There’s nothing more to it than as stated in opening thread. I was breathalysed and passed. I cannot see how I could be successfully charged with Dangerous Driving. There’s apparently one witness and regardless of my speed there’s no way they could base their prosecution on the hearsay of one person.
The reaction to swerve and avoid the other car was completely reactionary and not a conscious decision.
My frustration is a) the under market offer of my insurers ans b) the fact that I’ll have to wait 16 weeks for the police to complete their paperwork.