BMW M5 - No fault rear-ended Cat C write off, claim costs

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Fri 10 Dec 2010 00:30
BMW M5 - No fault rear-ended Cat C write off, claim costs - richard_b
Hi Guys,

This relates to a my car which ended up rearended and written off, when stuck in a queue and rearended by another car at about 55MPH. The other party has admitted full liability, and so have retained my NCB and have the excess back.

From the date of the accident to recieving the insurance cheque, approx 2 month's passed due to the lax attitude of the insurance company. (Had to make an official compliant).

This question is about the costs I can claim for, and how can loss of use be calculated for a expensive car.

I was given a hire car for 2 days, though returned it as it was powerful and with no tactical feedback so felt it was dangerous to drive as had no idea of the road surface. The insurance companies legal division, seemed to be entirely focused on supplying replacement vehicles which is not honest to me. Hardly suprising as I found out they would have charged over £300 per day (discounted over 2 months), or about £20K for 2 months for the car I was given.

I did not claim whiplash, as it cleared up after 3 days or so.
I cannot claim for time, as did not lose any busines despite spending 3-4 days sorting things out.
I have coalated the taxis, train and tube fares which is about £800.


The legal company has stated I cannot claim for both loss of use and travel expenses, my problem with that is:-
a) I have not been able to do what I would normally have done, using the car on the weekends or late when it is impossible to get taxis/transportation.
b) The travel expenses are for the weekdays.

I have also been told for loss of use I can claim £10 per day, which is hardly fair for a car which costs about £2500 to maintain a year in the past few years and has a depreciation of £2000 a year.


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Fri 10 Dec 2010 07:48
BMW M5 - No fault rear-ended Cat C write off, claim costs - Andy P
If you choose not to use the supplied hire car, then that is your choice and as such cannot be claimed back from the other party. My policy states that I can either use the hire car provided or £15 per day to hire one myself. So, if you choose not to use the hire car provided, then all you are entitled to is £10 a day.

When mine was in for repair a few months ago, I had a hire car from Enterprise, part of which was a £500 fixed penalty for any damage sustained while I had it, or I could pay £6 a day to waive it. I chose to do this and since this was my decision I couldn't claim it back.
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Fri 10 Dec 2010 14:10
BMW M5 - No fault rear-ended Cat C write off, claim costs - LucyBC

For whatever reasons the system favour people who take a credit hire and claim for injury.

Insurance companies all complain about credit hire costs and personal injury settlements when they are paying out on a fault claim but are happy to take substantial "bungs" from accident management companies and personal injury solicitors when they are "selling on" (sorry, resolving) a non-fault claim.

Edited by LucyBC on 10/12/2010 at 14:11

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Sat 11 Dec 2010 03:47
BMW M5 - No fault rear-ended Cat C write off, claim costs - 1litregolfeater

"For whatever reasons" - somehow a massive industry has evolved, whereby the poor insurance sufferer has to pay more and more, year by year.

Lawyers, insurers, bankers and doctors, are all involved in this scam, and I'm sick of it.

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Sat 11 Dec 2010 06:36
BMW M5 - No fault rear-ended Cat C write off, claim costs - richard_b

I could not agree more with the above, and was shocked that the amount in hire car charges over 2 months was about 60% of the new retail price of the hire car if I continued to use it. The legal expenses company is part of the insurance company, and places an obvious emphasis on car hire provision.

However not sure if this applies:-

www.financial-ombudsman.org.uk/publications/techni...5

"If the policyholder did not hire a car, we might require the insurer to pay compensation for other reasonable transport expenses incurred plus inconvenience caused by lack of a car.

  • If we award compensation for inconvenience caused by lack of a car, we tend to award around £10 per day, if it had a material effect on the policyholder, and depending on the individual circumstances – for example, whether the policyholder had "free" access to another vehicle, availability of public transport etc."

From the above is it correct that the transport expenses plus inconvenience can be claimed? Reading other comments up to £15 per day can be claimed in inconvenience as the rate is variable (see above), as the cost to own the written-off car is multiplies of a normal car this is probably fair? Nowhere in the policies did it state the day rate, the most cost effective transport has been used wherever possible mainly tube and trains though this has worked out just under £1000 for 2 months.

What I am trying to cover is the maintenance/depreciation ownership cost of the car over 2 months (until the cheque was issued), and transportation costs incurred through no fault of my own accident to get partly back into a position before the accident.

Thanks for you assistance in this matter.

Edited by richard_b on 11/12/2010 at 06:50

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Sat 11 Dec 2010 22:15
BMW M5 - No fault rear-ended Cat C write off, claim costs - auctioneerjim

i was involved in a similar collision, firstly you are entitled to hire a like for like vehicle,they will usually find you a bmw or mercedes, they supplied me an 's'class. you can claim for any and all out of pocket expenses providing you can prove your loss,they may squirm at first but keep pushing and do not be put off by the thought of going to court, if you have your proof they will give in before this, also threaten to engage a ;no win no fee solicitor, they will rather deal diect with you else they end up paying you anyway and then all of your solicitors costs !!! do not give in

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