Son Car write off

[bazaar]

Hi, I need a little advise for my son.
He was involved in an accident where someone was double parked on a road, he was driving around their car when they suddenly reversed and swung the front end out and hit my sons car at the front left wheel area. There was a witness who stated he saw this car reverse and then the crash. Police did not want to come out. It looks as though my sons car is going to be written off, he has FC insurance with Churchill,
What do Churchill have to pay out on his policy, they are saying he has an excess, but seeing this is not his fault, should they not just pay him out and claim off the other drivers insurance?
Also, how does he go about starting court proceedings to recover payment for an outstanding loan on his car?
Any help greatly appreciated.

[Gary29]

We are going through the same thing at the moment. A woman reversed into my wife while in a Tesco's car park my wife was stationary with the kids in the car, she just revesered out, without looking.

We are being told that unless we pay the excess£250, my wifes car won't be reapaired for any time up to 3 months and also because we can't pay the excess we are not entiltiled to a courtesy car. So we are at the moment involved with a rangle through Endsleigh, I have mad the dess when my insurance comes up for rewnewal I am going back to my old brooker, he is just down the road, I am not left without a car being reapired or a courtesy car while needed, it is sorted with less strees and hassle. Although just been on the phone to the new advisor who has taken over dealing with my wifes claim,since she broke down and said that she was heading on the way to depression, to this guy on Fri,he has taken it over and is trying to get a with out pre, claim.

So you may well have to pay out the excess, look in your policy booklet, it will say it in their. Does you son have legal cover.

As for the loan, not to sure on that one.

How is your son, hope he is ok.

[SeanT]

You must pay the excess if you want it fixed through your insurance, but you should keep a record of any interest incurred on this excess payment if you need to borrow it, and should get the total amount repayable on the loan right now, and then the amount again when the claim is settled, in order to recover this interest too.

[sang33ta]

Pay the excess and claim it back against the other driver. From what you described it sound like the other party was performing a reverse park. If you have an indipendent witness it should be easy to sort out hopefully.

[bazaar]

Thanks for the replies guys, much appreciated.
Churchill have offered 1500, minus the excess of course.
He still owes around 400 on the loan though, so should he go for the other driver?
Churchill have come through with a solicitor too, so hopefully it should be easy.

[ab123uk]

Hi Bazaar, I would imagine the solicitor will deal with Uninsured losses, this includes excess, and the outstanding loan, would be worth contacting them to discuss what they can help you with, also, have you a letter confirming your excess was deducted from the final settlement? The solicitors will need this to pursue their claim.

[patdavies]

Originally Posted by bazaar

Hi, I need a little advise for my son.
He was involved in an accident where someone was double parked on a road, he was driving around their car when they suddenly reversed and swung the front end out and hit my sons car at the front left wheel area. There was a witness who stated he saw this car reverse and then the crash. Police did not want to come out. It looks as though my sons car is going to be written off, he has FC insurance with Churchill,
What do Churchill have to pay out on his policy, they are saying he has an excess, but seeing this is not his fault, should they not just pay him out and claim off the other drivers insurance?
Also, how does he go about starting court proceedings to recover payment for an outstanding loan on his car?
Any help greatly appreciated.

If the other driver is 100% at fault, then your son is entitled to be put back into the same position that he was in prior to the accident at the cost of the other driver (or his/her insurer).

This means that he is entitled to go after them for 1) his excess, 2)the cost of purchasing another car of the same make/model and similar condition/mileage, 3) any incidental costs. He cannot sue for his outstanding loan, as that would put him in a better position (betterment)