96 - N Rover 414Si insured as TPFT was in for a service when it gets side swiped along one side of the car by an delivery van. My mechanic was great, he made sure he got details of the van, insurance and even who they were delivering to. Anyway he says the damage is bad and the insurers would definately write it off, so my questions are:
1. Can I deal with the van insurers direct or do I have to inform my insurers so they can deal on my behalf
2. Whats the likelyhood of their insurance company getting to pay for a courtesy car for a reasonable period while I look for a new car?
Any advice on what to do would be gratefully recieved , not entirely sure whats the best way of handling this
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You should inform your insurers, though you have no cover on which to claim, as your policy is on TPFT. You should then research the value of the car - ie the cost to replace it from a dealership, not a private sale. It won't be much - I can't see it being worth more than £500 to £600. You need to deal direct with the van's insurers. I'd doubt if they'd offer a courtesy car for long - a week should be sufficient to find another - you might as well get started as soon as you can.
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If the car was in for a service and under the care of the garage then I would have thought that the garage has the problem.
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Not if the car was properly parked and hit by a van passing or visiting the premises, I suggest. Depends on the exact circumstances. Has the garage a 'duty of care' and has it carried this out?
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Hi,
I have not used these people myself but heard them recomended on other forums. www.helphire.co.uk/ If they accept the claim they can organise repair of yoru car, or deal with third party insurance to claim value of your car plus hire you a car.
Cheers
Jlo
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The garage is located in a small commercial estate, the delivery van was dropping something off a couple of units down before reversing and scraping my car that was parked at the side of the road where other cars were parked. I'll phone the ins co tomorrow and see what they say, probably try and fob me off
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The car may well be deemed to have been "in the custody or control" of the garage and thus covered under their Motor Traders' insurance. However; this doesn't really matter a lot in this case, as there is a far more attractive solution.
A "Third Party Claim" needs to be made against the vehicle's owners [the OP has no legal claim against the van's insurers - they are just an "interested party."]
Such a claim is based on restitution for damages; not to write-off, or effectively purchase, the vehicle as would normally happen if claiming under a vehicle's own policy. It can include consequential losses of any relevant nature and loss-of-use is one very normal one.
Employing a Loss Assessor may be worth exploring.
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Interesting post screwloose..are you saying I should sue the owners for damages,perhaps through the small claims court. Won't he just pass the writ on to his insurers? You suggest employing a loss assessor - an earlier post suggested using helphire, is that what you were referring to?
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Well Helphire will deal direct with the third party and if liable will automatically sort you out a hire car.
It may be worth droping them an email or telephoning them as they will know who to claim from.
The other option is whether you have legal cover on your insurance, because if you have your insurance company may get a solicitor to claim back the damages for you.
Good luck!
Jlo
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The other option is whether you have legal cover on your insurance
>>>>>>>>.
>>>>>>>>>>.
.>>>>>>>>>>>>
This costs £10 a year and is the best investment you will ever make.
good luck with your claim its a funny one (not in the laughing way) because as said it really was in the care of the garage
please keep us informed as im interested
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I paid for legal cover on my insurance, was only when the policy document arrived that it only covers over 25s, and they wouldn't give me a refund on the £40 I paid.
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DH. Typical evasive sneaky behaviour by an Insurance company I'd say! How can they possibly justify not refunding you the fee you have paid for a service they don't provide? Makes you wonder how they would deal with a claim! Clear case for a sharp letter and then on to the Ombudsman I suggest. Don't let the scum get away with it!
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I paid for legal cover on my insurance was only when the policy document arrived that it only covers over 25s .........
Car insurance must be one of the few things where the under 25s don't scorn the over 25s!
--
L\'escargot.
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reevsie
Bit timeshort now and this is an involved topic. Basically; in law [AFAIK] you legal rights are against the owner of a vehicle that causes you damage.
You have no contract with their insurers, so forget contacting them. Also; do not imperil you NCD by claiming through yours - not that you'd get far.
Write to the vehicle's owners telling them that you hold them 100% responsible for the damage to your vehicle [no need to give solid quotes at this stage.] Advise them that you will also be claiming unspecifed consequential losses.
They will pass the matter to their insurers who will handle things on their behalf, or try and buy you off direct. Either way; once they have admitted liability - you've got them.
If you don't like their/their insurers offer; you're not bound as you would be with your own [or the garage's] insurer. Nothing in this process [which is pretty routine] affects your right to later sue in the SCC if you wish. This way you're getting say £30? a day loss-of-use too.
A Loss Assessor [or a solicitor] just handles all this for you - for a fee.....
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Deal with the van insurers direct.
Advise your own insurance company of the incident but emphasise that there will be no claim
Advise van insurers that vehicle is currently unusable and as such you need a temporary form of transport. Explain that you will rent the smallest car you can manage with for the shortest possible time, but you'd like them to ge the finger out. Advise them that you are quite happy for them to arrange the temporary vehicle if they wish. Ask them to confirm that they will covering the cost of a reasonable replacement vehicle.
Whether or not vehicle will be written off, right now it is not. You would be unwise to purchase another vehicle at this moment, since you could get caught out. Wait until the people who will be paying the claim advise you that it is written off. Normally a period of 1 - 2 weeks after they actually pay out would be a reasonable time to stop renting an alternative vehicle.
Advise van insurers where your car is and when/how it is available for inspection.
Do as much by phone as you can, but always get names, make a note of date/time and always send a confirming letter/e-mail of which you keep a copy.
Using a company such as Helphire can help, but its not a silver bullet. You will still need to understand what is going on and chase them. I know little of Helphire other than the experience of one person who used them a few months ago - I doubt he would recommend them.
I suspect that you will find the other insurance company quite helpful although perhaps inefficient.
One advantage of a company such as Helphire is that in the face of no replacement car from the van insurer they can normally avoid you havign to pay up front fo rthe car and claim the money back, they normally can get the billl settled direct.
in summary, ring the van isnurers first and see where you get to. By all means drop back here for more advice at that point.
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Thanks for the interesting replies, my plan is this:
1. Contact the vans insurance company, see what they say. No doubt they'll give me the brush off.
2. I am insured with admiral and have Legal expenses cover which covers the legal costs in making a claim for uninsured losses. I haven't contacted my insurers yet and whether I do depends on the response I get from the third party.
My fear is that they'll say no to a loan car and probably fob me off with £200 for the car.
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...Basically; in law [AFAIK] you legal rights are against the owner of a vehicle that causes you damage. ..You have no contract with their insurers, so forget contacting them.
screwloose -
are you sure your statement is true given :
www.opsi.gov.uk/si/si2002/20023061.htm
Statutory Instrument 2002 No. 3061
The European Communities (Rights against Insurers) Regulations 2002
reevsie -
personally, i would follow the advice given by no-fm2r above.
as for any other advice on here, do remember to read this link written by no-fm2r:
www.honestjohn.co.uk/forum/post/index.htm?f=4&t=33...1
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Update
Contacted Admiral, they have forwarded my details to Albany assistance as the policy has built in legal protection. Albany contacted me immediately to get the full details. Have to say I am very impressed with the service from
Admiral/Albany - very efficient. They have confirmed that my NCD will not be affected in any way which is reassuring.
I have also contacted the vans insurers direct, seems the driver is a bit of a plank as he crashed into a skip the day before but they have no record of my incident. They are chasing the insured for confirmation. I can't see how he can duck out of this , I have witnesses and a signed statement so banged to rights methinks.
Its a lot of faffing for a car which is worth no more than £700, but it was a sorted car which I travel 80 miles a day round trip to work. Albany are going to claim for car,hire car until settled and inconvenience etc. Will let you know of the outcome.
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Dalglish
Yes; looks like you have a good point there - reevsie can now also use those EU regs against the insurer too.
I still think that getting the owner to admit liability is the best way; with escalating premiums and huge excesses, many firms are terrified of their insurers getting wind of accidents and are more than happy to produce a wad of cash to ensure silence. Seems to be about half-and-half going by customer's recent claims.
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Dalglish Yes; looks like you have a good point there - reevsie can now also use those EU regs against the insurer too.
glad to know you agree.
anyway, it looks like reevsie is getting good service from his insurers at the moment and may not need to call upon the eu rules to help him.
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My mechanic got a signed statement from the van driver saying he was responsible. Albany assistance seemed quite pleased I have this....see what happens.
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van insurers offered me £500 as its a total loss. Problem is, I can't find anything similar for less than 650. Do you think I should reject the offer? What are my chances if I provide comparables to support my claim? Will they take this on board?
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Its an opening gambit.
Send them examples of the cars you are looking at for 650.
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TourVanMan TM < Ex RF >
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saying he was responsible
Oh dear. Silly boy. What does every insurance document you read sa? "Do Not admit liability"
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TourVanMan TM < Ex RF >
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I should have thought this was your service agents problem. Your contract was with him and he has a duty of care to you as his customer.
You handed over a car in good condition and whilst it was in his care it got damaged. He must have Liability insurance to cover such an eventuality (if not why not?) so get him to claim on that.
When you collected the vehicle did you sign the job card or pay the bill? If so you have probably "accepted" the vehicle back in its present condition which may be a problem.
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The garage have a duty of care to look after the car, they did this by parking it legally and sensibly on the highway, it's not their problem that some plank drove into it so why would their liability insurance cover it? Easier by far to claim off the guilty party's insurance and maintain a good relationship with a trusted garage.
Blue
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Hi Reevsie,
Really pleased to here your legal cover is helping you out?
Yes please keep us informed? Interested to hear how you get on.
Cheers
Jlo
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