Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jenni_pitt

I was involved in an accident on July 26th. A Range Rover let me into a queue of traffic and then hit my car from behind.

We both stopped and exchanged details, but he said that someone had hit him from behind and pushed him into the back of me. He made no attempt to find this other driver and the traffic was moving very slowly because of diverted traffic from the M5. I was very shaken and concerned as we were leaving the next day at 10am to go away for my Husbands 40th Birthday celebrations, by neithr myself or my children were badly hurt. The passenger side front bupmer of his car had collided with the rear drivers side of my car, suggesting he was turning the wheel to the right when he hit me.

On returning home I called my insurance company to report the accident, hoping to get a replacement car in time for us to go away. We had booked a hotel and theme park tickets for our family of four and the costs were non-refundable.

After about 20 mins on the phone with the insurance company, they ended the call by saying a company called Drive Assist would contact me to arrange a replacement car in time for us to go the following day. I between the calls, I got a call from a friend of the driver who hit me, offering to repair our car and "make sure we weren't out of pocket" if we did not involve our insurance complany or the police. Before I could get this man off the phone, the recovery driver arrived to take our damaged car and I had to put the phone down on him.

I then had Drive Assist call back to inform me that the Reg Number I had given them was listed as belonging to a Black BMW X5, and not a silver Range Rover. Therefore we got no hire car as the other driver was uninsured.

After Googling the phone number the driver had given me, it turns out he is a motor trader selling high end cars (He has 2 Gaillardos for sale at £80k each). The Range Rover that hit me is clearly photographed showing the incorrect number plate.

His explanation is that he bought the car from a seller and the seller retained the personalised plate for his new BMW. But I cannot understand how he thinks this is legal. He is insisting that he is insured.

We are now way out of pocket. We cannot find an exact match for the car which has been written off. Out car was a limited edition model and we can only find a lower model for £500 more than the payout offered (not including our £150 excess).

I spent the whole time we were away popping painkillers as I had hurt my neck and my daughter had banged her elbow in the crash. This ruined my husbands 40th, which we had been planning for a while.

I also applied for a self employed courier job, based on the fact I had a large estate car. They called to offer me an interview three days after the accident. I will have to lie and hope we can scrape the money together to buy a rerplacement car. If we can't I cannot take the job and if I don't get the job I cannot hope to pay for a replacement car.

We are managing at present as the children are on holiday and my husband is a shift worker, so I can use his car when he is not at work. When the children go back to school I am going to be stuck as I have two children to get to school, several miles apart, and walking is not an option.

Should I report him to the police and can I reasonably claim against him for any extra money we need (other than our excess) to get a family vehicle back?

Jenni P

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - happy polo

Yes, you should most certainly report him. Driving uninsured is completely unacceptable, and you are now experiencing first-hand the aggro that these selfish idiots cause. You need to contact the police at the earliest opportunity, bearing in mind these points:

The car was displaying incorrect registration plates, this is illegal. Produce your photographs to back this up as he will otherwise probably deny it.

The driver appears to be uninsured. Even if he does have a trader's policy covering the vehicle the chances are it would be voided by him breaking the law with his incorrect number plates. It is more likely however that there was no insurance and these plates were being displayed to avoid automatic detection by police ANPR cameras. His story of purchasing it from another trader etc sounds like complete rubbish. Who knows, the car might even have been stolen, untaxed, no MOT, etc etc.

His story of being hit from behind is almost certainly false. He claimed to have been hit yet made no attempt whatsoever to speak to the driver of the vehicle behind who would have been responsible, and that driver didn't emerge to speak to him. In slow moving traffic the impact would be highly unlikely to cause him to collide with your car hard enough to cause damage; bear in mind that his Range Rover would be well in excess of a ton, that's a lot of weight to shunt forwards at 5mph.

The police will very definitely be interested in this, as it sounds like a dodgy trader cruising around in cars that he shouldn't be driving, with no regard for the law. His 'friend' and their enthusiasm to avoid the official channels is a dead giveaway. DO NOT involve yourself in any further communication with them; equally don't state that you have contacted the police, simply advise them that your insurance company are dealing with it.

Your chances of recovering your expenses here will probably depend on your insurer and their policies. It is increasingly common for insurers to provide cover against uninsured drivers, you will need to discuss the situation with them. Avoid any further 'help' from Drive Assist or any other third party operation, these sound like the dreaded 'accident/claims management' companies which are simply money making scams. They will ply you with 'assistance' and then send you the bill when they can't get their money out of the other driver. Inform your insurer that as the other driver may be uninsured you want no further involvement with Drive Assist or suchlike.

As for your own car, how serious is the damage? If the bump was at 5mph then I would be very suprised indeed if the damage couldn't be put right at minimal cost. If we're talking a bent bumper of a smashed light, your best option would probably be to buy the car back as 'salvage' and have it repaired. This is a common occurence and many people find this preferable to having to try and find something half decent with their below-value settlement.

Hope that goes some way to helping,

Regards Polo.

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jenni_pitt

Thank you for your reply

Unfortunately he hit my car at an angle and has shoved the rear drivers side panel out of alignment. The boot is so damaged it had to be forced open and the bumper is smashed. My car has limited edition metallic paintwork and is a 1999 T reg so I am not at all surprised they have written it off. I think he was unused to driving an automatic, his foot slipped and he swerved to the right to try to avoid me.

We had a new exhaust fitted less than 10 days before the crash at a cost of £289. It came with a 2 year warranty which we have lost the benefit of.that whilst still having to pay the bill for it. Should I write and mention this to the insurance company in the hope they will increase the settlement? If not, can I claim for loss of use of a car from the other driver? My insurance company are in the process of recovering the excess. I did report this to the police this afternoon and they couldn't be less interested. Too much effort it seems when there are other motorists who are sitting ducks!

Thanks, Jenni

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - happy polo

I'd have to say I'm not suprised either that they have declared the car a write off; on as common a car as a Zaffy and at twelve years old pretty much anything will seal it's fate, as they're dirt cheap and the parts prices the insurers refer to for repairs are top whack. The sums, sadly, just don't add up for old cars. I don't think you'll get any joy with the exhaust either unfortunately, as insurers work on 'book value' which doesn't tend to include the specifics of the individual car. I once had an old Toyota written off having just MOT'd it, and loss adjuster who came out to inspect it told me quite bluntly that it would make no difference whatsoever, even though it would obviously have increased the resale value of the car.

As for claiming loss of use, if you were offered and declined a 'courtesy car' then, at a a guess, I would think probably not. But if you were injured, which you suggested that you were, then you do have an avenue for a claim should you so wish, once liability has been established - pretty straighforward in a clear 'rear ending' case such as yours. I would consider contacting CAB for a quick chat with a legal person about your options if it turns out that the other driver was indeed uninsured.

As for the police, again it all hinges at the moment on the other guy's insurance status. Can your insurer offer you an update, they should have been able to at least establish whether the other insurer were covering the driver or not? The police will be reluctant to act all the while it might still be just a simple prang for the insurers to sort out, but if it turns out that the other driver was not insured, then you need to make a formal complaint, which they are then duty-bound to investigate. It benefits you when you come to persue him if need be, if the police were involved and he was found to be guilty of offences rather than you just accusing him.

Get hold of your insurance company and chase the progress on the claim so far, and push for an answer on the status of the other driver's insurance. At least then you will know roughly which avenue you are headed down.

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jenni_pitt

Jus to confirm, I was refused a hire car because they could not sort out his insurance and as they could not find a policy to claim on, we were not allowed to have a car unless we paid for it, which at such short notice we were unable and unwilling to do.

My insurance company have his insurance details, but cannot confirm he is covered beacuse of the confusion caused by the number plates.

I called the police yesterday, they took down all of the details of the collision and then asked me to report to a police station with my licence, insurance documents etc for my car to fill in some forms. When I said that I have no transport and cannot get to either of the stations which are several miles away, I was told the forms cannot be posted and they will not investigate until I attend a police station with documentation to prove that I was legal to drive.

No wonder ther are so many uninsured drivers on the road and that the rest of us are paying through the nose to cover the cost of the problems they cause.

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jamie745

Hooray for that continous insurance legislation supposedly going to fix the problem overnight eh?

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - bonzo dog

Hi Jenni, sorry to hear of your accident & subsequent difficulties.

As I see it, there are a number of points you wish to have resolved:-

  1. A satisfactory financial settlement for your car being writen off
  2. A satisfactory financial settlement for injuries
  3. A satisfactory financial settlement for loss of use of the vehicle &
  4. Something to be done about the (possibly illegal) status of the other driver's insurance & incorrrect number plate

So

  1. A quick look at Autotrader says you can pick up a 1999 Zafira for around £1500 at a dealer; I don't have access to Glasses Guide. How much have they offered you? As regards the excess, see below
  2. See a solictitor; most of the one's I have had dealings with in respect of personal injuires are bent enough to concoct an injury were there is none; so a genuine one should be a piece of cake
  3. Sue the other driver (see above) & ignore insurance
  4. It may have come across to the police (it did to me) that you were concerned with the above rather than the other person driving illegally. Simply go back to them & say you wish to report a false number plate & possible driving without insurance.

Good luck & let us know how you get on

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jenni_pitt

An update for all those who have been kind enough to reply.

I went to report the other driver as uninsured to the police on Monday August 8th. I took with me proof that my car was taxed, insured and MOT'd. I also took the pictures we had printed from Strattons website which show the actual car that hit me advertised for sale. In three of the pictures the numberplate is clearly visible. I also too a screen print of a car checking website which lists the registration V22FEN as belonging to a Black BMW X5 and not a Silver Range Rover.

I have yet to hear anything from the police (no surprise there then). To add insult to injury, the bill arrived yesterday for the brand new exhaust we had fitted to the Zafira, less thany 10 days before the smash. I now have to pay £289 for an exhaust with a two year warranty that I can no longer have the benefit of ! The MOT and tax are due at the end of August, so we have declared the car SORN until we get the settlement from the insurance company. We challenged the first offer of £1350 as the cd system and the exhaust are worth more than this put together. I have said we will accept £1350 (£1500 minus our excess) if they allow us to remove the stereo.

Time is fast running out. We are struggling along with one car but I absolutely must have a car when the new school term starts on September 5th as u have two kids to get to school at different times and several miles apart.

Thanks, Jenni

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - bonzo dog

Hi Jenni,

the bill arrived yesterday for the brand new exhaust we had fitted to the Zafira, less thany 10 days before the smash. I now have to pay £289 for an exhaust

Does this mean you bought the exhaust with a credit card?

If so (depending on the card issuer) you may have 60 days free accident insurance on the exhaust.

It's worth looking into

Vauxhall Zafira - Uninsured Driver Has Cost us a packet. - jenni_pitt

Hi Bonzo

Thanks for your reply. However, when I tried to call my credit card provider, I struggled to explain my circumstances. I could claim if the exhaust had been damaged during the accident, but as the car has been written offand the exhaust was usable, they will not budge. Unfortunately English was not the first language of the call center operative I spoke to, so I may go into my bank and try there.

I then phoned my insurance company as they told me I had uninsured loss protection. Surely this is an uninsured loss as I have been denied my two year warranty. Apparently not, they have had no wriiten response from the other driver with regards to my excess. From what was said, it is unlikely they will take him to court to recover it so that is another £150 we are out of pocket.

I then called the M.I.B. (not the Men In Black, they would probably have been more use!). They will act if our insurance do not recover our excess, but said that as I have legal protection with my insurance policy, my insurer should be pursuing the other driver for the cost of the exhaust for the loss of the warranty AND also compensation for the loss of use of a vehicle.

Why is it so b***** difficult to get a definitive answer from anyone? They all pass the buck. Insurance companies are great at pocketing our cash, but not so forthcoming when the claim is not straightforward.