Hi folks,
have been caught in a bit of a dilema and thought so much about it now that I cant make a decision.....
While driving along a motorway, I pulled out to overtake a skip lorry, as I was about to pass it while in the overtaking lane a large metal object flew off the back of the skip and damaged my bonnet and windscreen. I stopped the driver on one of the off slips where he denied anything fell from his skip. I called the police who only were interested in ensuring details had been exchanged.
Driver phoned company boss who allegedly said the matter would be sorted out.
Next day I phoned company boss who said his driver said nothing fell off the skip and I was trying it on. I explained I was behind the skip and was in no doubt that the item was carried off the back by the wind. incidentally skip was loaded on lorry with the low end to the front which in my view allowed wind to help the oblect take flight.
I enquired how he could be so confident, he said he could account for the content of the skip and there was nothing missing. I asked for his solicitors details which he refused, I assured him he had not heard the last of this and hung up.
I notified my insurance company for info only at this stage, then about an hour later the company boss called back saying he didnt want any hassle, he wouldnt admit liability but told me to get a quote for the repairs. Explained liability was not at issue I just wanted my vehicle repaired.
Obtained quote which came to just over £700 quid. New bonnet and windscreen required. Phoned compnay boss, who said it was too expensive, I offered to take windscreen on my insurance which would only coat him the £50 excess.
He said I'll send you a cheque for £200 and that will be the end of it. I told him that was nowhere near enough, but I would let him have my decision after some careful thought.
This is where I would appreciate your collective views and experiences.
A. Should I pass this to my insurer as a claim (protected full no claims bonus) and let them pursue this idiot for recovery of costs. If I do this surely although my no-claims bonus is protected the premium will be loaded up as they ask if you have any accidents claims or convictions in the last 5 years.
B. Should I accept the companys £200 which will pay my £100 compulsory excess on my policy and may also be seen as an admission of liability by my insurer, who i'm sure will accept the other £100 as part settlement of the claim.
C. Should I pursue this idiot through the small claims court and use my insurance only as a last resort, however as it expires at the end of April, I would need to formalise my claim via insurance asap if the civil action failed.
D. Take the companys £200 and fund the repairs from my own personal wealth.
If there are any other options which you are aware off (they must be permissiable under law) I would willingly consider them.
Enduring the 'joys of motoring'.
Leon
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Well, to be honest, I don't think getting any money from them would be easy, its like when they open their car door onto yours and dent it and deny all knowledge, there's nothing you can do without corroborative evidence such as CCTV or witnesses or in your case the metallic object which could be linked to the skip man's load.
So with a heavy heart, I would say get get the £200 while you can, and claim on your insurance as debris flying up off road.
It really depends though on your insurance status. no claims bonus/protection, expected premium rise etc.... You'll have to weigh it all up.
Can you pocket the £200, claim on the insurance for a windscreen, and then have the bonnet repaired knocked out, (filled and repainted) at a lower cost?
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It gets nasty - I can remember from when I was at school, one of the coaches scraped the side of my mum's car when she came to pick me up - she was stationary at the time. Driver exchanged details but later denied everything. With no witnesses, the insurance companies have nothing to use as leverage and we just had to accept that we wouldn't get a penny from them - fortunately it was a minor scrape and came out with T-cut. Suggest that you will have the same problem, so settle for the £200 - this is when it pays to have comprehensive insurance, to cover for the irresponsible, uninsured and liars who can hit your car. Once you've got the money, you could then ask your insurers to take over and state that the money paid is a sort of admission of liability, but I wouldn't hold out much hope. Some insurance co's seem to refuse to take up your case as they don't want to spend money/time on doing so.
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I would suggest you ask local Trading Standards for their advice. They may give you an idea of whether this outfit is a regular offender.
Otherwise, as the other replies say, ii is largely your word against theirs. Drivers of this type will be well trained in denying all liability unless it is obviously their fault.
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Don't take the £200: by offering you the said cash surely this is an admittance of liability!? Send a photo copy of the offer to your insurance people and you could insist they go for the full amount.
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Very difficult situation indeed. One reason why I steer clear of skip trucks - bricks between the twin rear wheels etc!
I'd probably take the cash, have the screen replaced using the insurance and get the bonnet repaired. It does, however, depend upon how badly damaged the bonnet is.
--
groups.msn.com/honestjohn - Pictures say a thousand words.....
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Did the skip have a net over the top of it? I think that all skips being transported need to be netted to prevent this sort of thing happening.
Ben
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Leon,
I don't wish to be mean-spirited, but you're an insurance company's dream. You pay them a premium for a service and then do it yourself!
The wrangle you're now getting into is why you should park this one with the people you pay to sort it out.
Do NOT take the £200, do NOT talk to the company again, DO get your insurance company to do what they're here for. They are the experts, leave it with them.
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That's fine, Ox, but it depends on (a) whether the company relly are 'experts', and (b) whether it may cost you the same or more in the long term to let them do it. It's only too easy to take an entrenched position on principle, and find that small costs escalate. And money is what it's about, isn't it?
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