No Fault Accident - Helphire (Albany)

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Mon 6 May 2013 13:40
No Fault Accident - Helphire (Albany) - tf1962

Back in 2011 I was involved in an accident where my car suffered rear end damage from a car coming up too fast behind me. I reported the accident to my insurer (Hastings) and they talked me into pursuing my claim with Helphire (Albany) so that I wouldn't initially need to pay my excess out before getting any judgement (This is a world of pain and I would advise against anyone doing this). They advised me that I was involved in a 'No Fault Accident' and as such, in no way responsible for the crash and this would be taken up by Helphire. I had to sign a 'no fee' credit agreement to pay any costs that may arise out of the claim and to cover me, should any issues arise (I should have smelt a rat). I am covered by this agreement only If I tow the line and accept to follow their advice, otherwise I would be liable for all my costs.

This is a basic timeline of events

1. Dec 2011 - Hire car supplied and repairs done to my vehicle. Took excessive time on repairs and I had to visit repair centre to demand car back. (approx 8 working days for a dink in the boot and a new bumper)

2. April/May 2012 - County Court Judgement was apparently obtained around this time and a letter was served to the 3rd party. I find out later that he wriggled out of this due to the latter being served to an address that he was no longer living at (convenient).

3. September 2012 - Helphire solicitors tell me that this may now go to court and they go over the case with me once again from start to finish. I was told that this may not go all the way and the 3rd party may accept liability before the court hearing.

29th May 2013 - One week before the court case comes up I get a call from my legal rep who tell me that I have no chance of winning this case and I should try for a 50/50 with the other party. I was obviously livid and asked them to email me the details to review.

I then find out that the 3rd party has added the passengers of his vehicle as "witnesses" in his defence, but this in itself seemed to be a bit of a joke as I could have done the same if I thought the were admissible in court?

Well the final straw came when my legal side said that If I didn't accept to follow their line then I would be left to fend for myself and I would be left to pay all costs, if I went alone in this matter.

A couple of days later, my legal side say that I have to accept 100% liability for the accident. I have no option but to accept due to the credit agreement terms and although the costs should be paid, my no claims bonus will be affected.

I feel that I've been well and truly done up like a kipper and I want to know where I should go to take up the fight.

Any suggestions or assistance would be welcome.

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Mon 6 May 2013 19:00
No Fault Accident - Helphire (Albany) - tony g
Hi tf,
Another nightmare scenario involving accident management companies .
As you say they should be avoided at all costs .

Okay two things seems obvious to me .

First ,the other party must always be at fault if they collide with the rear of a vehicle .Its always been so and I can't imagine how it could be otherwise .


( 2. April/May 2012 - County Court Judgement was apparently obtained around this time and a letter was served to the 3rd party. I find out later that he wriggled out of this due to the latter being served to an address that he was no longer living at (convenient).)

Second ,it seems that the hire company have been unable to pursue a claim against the other party and are now looking to you as an easy option .

However the issue is now the agreement that you signed and can you defend it in court .Possibly ! It's such a grossly unfair agreement that if you can get the opportunity to defend it in the small claims court a judge may decide to set it aside .

It's worth considering allowing the hire company to take it to the small claims court ,if you lost the additional costs are relatively small ,perhaps £500 .
It's quite possible the judge would find in your favour ,they tend to side in favour of individuals who may have been unfairly treated .

Good luck

Tonyg

Edited by tony g on 06/05/2013 at 19:02

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Mon 6 May 2013 22:33
No Fault Accident - Helphire (Albany) - Tally

I had a simular experience where small bump into my back end whilst stopped, My insurance company put the whole thing to a management claim company to deal with everything i had no choice, My car needed bumper repairing and painting but took 3 weeks i also had basically signed for a hire car with understanding the 3rd party insurance paid for it.

I would say £200 at most for job but 3 weeks car hire and repair no change out of £2500 no wonder insurance is going up

Luckily for me all went through ok and they paid everything. I must have had 10 phone calls where they wanted to know if me or my children in the car had neck ache !!!

I had reported it to my insurance company about 1 hour after the bump and then had the 3rd party insurance ring me accepting liability and they wanted to take my car and repair it at an approved repairer no doubt cutting cost and getting it back to me sooner, I would have taken that option if i hadn't reported it all ready.

Have you got legal cover ?? hope it goes well for you

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Tue 7 May 2013 22:33
No Fault Accident - Helphire (Albany) - tf1962

I did have legal cover with Hastings Direct, but their legal reps say that as I went with the Helphire legal route, and didn't accept any help from them just after the accident, then they can no longer help me. I did receive a call from them at the time but they seemed to be after whiplash claims and I didn't realise they were Hastings appointed legal people.

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Wed 8 May 2013 15:01
No Fault Accident - Helphire (Albany) - Collos25

Hastings are brokers I would have thought it was better to go through the actual insurance company.

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