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Car Accident - Do's and Don'ts


Mossycat
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Chances are at some point in your driving career you will be involved in an accident, there are some things you can do to make it a less painful process.

 

Spend a few pounds and buy the following, a disposable camera, a couple of pens, a notepad, a tape measure and a torch. Put them in a small bag and tuck them away somewhere in your car, do not remove them when cleaning out your car!

 

In the event of an accident take photo's, take a few brief measurements, sketch the position of the vehicles, include any road markings etc, make a note of the other person's name address and vehicle make and model and registration number. Also look around and see if there were any independent witnesses (other drivers that stopped to help or passer's by) and get their name address and phone number.

 

Even if the accident was your fault DO NOT admit liability, by all means confirm to the other driver the circumstances (ie I admit you were stationary and I drove into you etc BUT DO NOT admit liability or sign anything to say you were at fault).

 

If anyone is injured you must call the police, if you suspect the other driver is intoxicated call the police and state this (stressing why you feel that ie smells heavily of alcohol, is slurring words, cannot walk straight).

 

Complete your claim form as soon as possible and include everything you noted on the night. Taking photo's at the scene is a great way to deter the other party from changing their story at a later date, so get them developed and send them in as well.

 

If the accident was your fault and you think it's only minor damage to the other vehicle that you would rather pay out of your own pocket rather than lose your no claims discount I would still suggest you let it go through your insurance. You have a duty to notify them of all accidents anyway so let them sort it out, you can always reimburse them for their outlay and protect your no claims discount (it's a no claim discount so if you reimburse them you have not made a claim), this will deter the chancers who inflate the repair costs or try and sneak other things into the bill, plus it's a good idea because in a few months time the other person may claim injuries and that could be expensive if you are dealing with the matter personally.

 

Keep a copy of everything you fill in (claims form etc), letters you send etc.

 

If the accident was not your fault you will probably have uninsured losses, ie the excess on your own policy, recovery charges, cost of repairs, hire of alternative transport, telephone costs, stationery costs, time spent reading and replying to letters, out of pocket expenses, personal injuries, pain suffering and By and large the \'harship\' provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked.

In fact there are very few guidelines as to procedure and very little definition of \'hardship\'.

One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused.

Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship.

We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds.

By all means try to get a bank charges refund on the basis of hardship - but don\'t bank on it!, loss of earnings, loss of enjoyment, damage to goods or personal property damaged in the accident etc etc. Make a list of everything, get receipts where possible and itemise each seperate item of claim. (Some of the above won't be applicable if you have comprehensive insurance).

 

One phrase that keeps coming up after a motor vehicle accident is 'Knock for Knock', a lot of people use it but few understand EXACTLY what it is.

 

Knock for Knock is an agreement between certain Insurance Companies NOT to recover their outlay, it in NO WAY reflects liability.

 

Let me explain.......

 

In any given year there will be a number of accidents between people insured with Insurance Company A and people Insured with Insurance Company B. Sometimes it will be the fault of Company A so Company B will write to Company A and ask for their money back, other times it will be the fault of Company B and Company You can\'t take it with you when you die!

 will write asking for their money back.

 

Insurance Companies realised that they spend a lot of time and money writing to ask for money back whilst at the same time they spend a lot of money sending money out to other Insurance Companies so they started keeping records to see how much money in any given year they paid out to Company X and how much money they received back from Company X. If the two amounts are fairly close then they set up a knock for knock agreement, which means that each Insurance Company pays for the repairs to their own Insured's car (providing they are fully comprehensive policies) and neither Insurance Company pursue the other for the cost of repairs to their own policyholder's vehicle.

 

Knock for Knock exists simply to save the Insurance Company time and money, under a knock for knock claim the policyholder who was not responsible still pursues the other party for their uninsured losses and if successful will not lose their no claims discount.

 

Knock for knock does NOT exist between all Insurance Companies, only those whose records show that they pay out roughly the same as they get back from.

 

The only reason Knock for Knock exists is to save Insurance Companies time and money sending/claiming money back from other Insurance Companies, it has nothing to do with liability.

 

A policyholder CANNOT state that an accident will not be dealt with under the knock for knock agreement because it has NOTHING at all to do with the policyholder, the accident or liability.

 

TEMPLATE LETTERS

 

If you are unlucky enough to be involved in an accident there are some letters that you will probably need to write.

 

This isn't a definitive list, I'll add more template letters to it as and when time allows, here's an index of what is so far included

 

INDEX

 

1 - First letter to third party (if you have Fully Comprehensive insurance)

2 - Second letter to third party because of no response to first letter (if you have Fully Comprehensive insurance)

3 - Third letter to third party because of no response to first two letters (if you have Fully Comprehensive insurance)

4 - First letter to third party insurers (if you already knew their details)

5 - First reply to third party insurers

6 - First letter to third party (if you have third party insurance and your car is still driveable)

7 - First letter to third party (if you have third party insurance and your car is immobile)

8 - If your car is a write off and you are not happy with the valuation/offer

 

Quote

 

Letter 1

 

If the accident was not your fault and you have any uninsured losses (hire car charges, excess, loss of use claim, loss of earnings claim etc ), then the first thing you need to do is to get in touch with the other person's insurance company, here's a sample letter to do that

 

Dear

 

RE Accident

 

I refer to the above accident and due to the circumstances of the accident I hold you totally liable for my uninsured losses.

 

Please forward this letter onto your own motor insurers in order that may communicate with me directly.

 

Yours sincerely

 

 

 

That's basically all you need to say at this stage, what should hopefully happen then is the third party will pass that letter on to their insurers and they will write to you asking for you to detail why you are holding their policyholder responsible and what you are claiming for.

 

 

Quote

 

Letter 2

 

Some third parties don't forward this initial letter on, so if after 14 days you haven't had a reply from their insurers then you need to follow that up with a letter like this

 

Dear

 

RE Accident

 

I refer to the above accident and also my previous letter dated , a copy of which is attached. I regret to note that to date I have not had the courtesy of a reply from your motor insurers.

 

Due to the circumstances of the accident I hold you totally liable for my uninsured losses.

 

Please forward this letter onto your own motor insurers, as a matter or urgency, in order that may communicate with me directly.

 

Yours sincerely

 

 

 

 

This letter will hopefully get you a reply from their motor insurers.

 

 

 

Quote

 

Letter 3

 

If after another 14 days you have still not received a reply from their insurers it is more than likely that the thrid party is not passing your letters on , so we need to send a stronger letter, something like this.

 

 

Dear

 

RE Accident

 

I refer to the above accident and also my previous letters dated , copies of which are attached. I regret to note that to date I have not had the courtesy of a reply from your motor insurers.

 

Due to the circumstances of the accident I hold you totally liable for my uninsured losses.

 

Please forward this letter onto your own motor insurers, as a matter or urgency, in order that may communicate with me directly.

 

Please note that unless I hear from your own motor insurers within the next 14 days I will assume that you wish to deal with this matter personally and I will hold you responsible for my uninsured losses.

 

Yours sincerely

 

 

 

 

 

 

Quote

 

Letter 4

 

Sometimes the third party will give you their insurance details at the scene, if you have these then in addition to sending Letter 1 to the third party you can also write to them directly, something like this should do

 

 

Dear Sirs

 

RE Accident Date

Your Policy Holder

Your Vehicle

 

I refer to the above and understand that you act on behalf of

 

Please confirm that you have received notification of this accident from your policyholder and also that you are dealing with this matter on their behalf as I wish to make a claim for my uninsured losses.

 

I look forward to hearing from you at your earliest convenience.

 

Yours faithfully

 

 

 

That's all you need to say at this stage, there is no point detailing acts of negligence or listing your uninsured losses, when you receive a positive response from them they will probably ask you to do that.

 

 

 

Quote

 

Letter 5

 

When you receive a reply from the third party insurers they will probably ask you to detail the acts of negligence, detail your insured losses, name any independent witnesses and give your own insurers details. This is an example of what to say

 

Dear Sirs

 

RE Your reference

Your policy holder

Your vehicle

 

Thank you for your letter dated

 

I hold your policy holder responsible for the accident because , if there were any independent witnesses insert their details here as well.

 

As a direct result of this accident I have incurred the following uninsured losses and enclose any receipts you have>

 

My own motor insurers are

 

I look forward to receiving your cheque as soon as possible

 

Yours faithfully

 

 

 

 

 

 

Quote

 

Letter 6

 

If you have third party insurance and your car is still driveable I would suggest that you obtain two estimates for the repairs (ideally from a garage that has a courtesy car or a hire car department, that way you have less paperwork and running around to do to arrange alternative transport). Photocopy the estimates and make sure you retain a copy of them and send something like this.....

 

 

Dear

 

RE Accident

 

I refer to the above accident and due to the circumstances of the accident I hold you totally liable for my uninsured losses.

 

I confirm that I am insured on a third party basis with

 

I enclose two estimates for the repair of my vehicle, please forward this letter onto your own motor insurers, as a matter of urgency, in order that may contact me to authorise the repairs or arrange an inspection.

 

Yours sincerely

 

 

 

 

 

 

Quote

 

Letter 7

 

If you have third party insurance and your car is immobile I would suggest that you ring the insurers of the third party and arrange an urgent inspection, tell them it is immobile and they will usually oblige. If you didn't get the insurance details from the other person try and get them because doing this by phone will speed things up considerably, as a last resort a letter like this is needed.........

 

 

Dear

 

RE Accident

 

I refer to the above accident and due to the circumstances of the accident I hold you totally liable for my uninsured losses.

 

I confirm that I am insured on a third party basis with

 

My vehicle is currently immobile at , please forward this letter onto your own motor insurers, as a matter of urgency, in order that may contact me to arrange an urgent inspection.

 

Yours sincerely

 

 

 

 

 

Letter 8

 

 

If your car is a total loss and the valuation your receive is less than what you were expecting or thought your car was worth then you can dispute it.

 

A common myth is that an insurer will always offer you a low valuation so never accept it on principle. That is totally false, insurers base their valuation on what an engineer or assessor has valued the car at and also on a recognised source (Glass's Guide etc), however they don't always get it right.

 

Another common myth is that people look in magazines or on garage forecourts and see a similar car and think the advertised price is a true reflection of the value of their car. It isn't. An advertised price is there to start the negotiations, it may allow for a part exchange or it may allow for a discount to be given to a cash buyer, so don't assume that the price you see another similar car advertised at is the value your car is worth.

 

Another common myth is that if you have recently spent a lot of money on getting your car through an MOT or on a set of brand new tyres etc that you have increased the value of your car by that amount. You haven't actually increased its value at all, all you have done is spend the required money to keep it road legal.

 

Assuming you still dispute the valuation then you ned to send a letter like this....

 

 

Quote

 

Dear Sirs

 

RE Your reference

 

Thank you for your letter dated , the contents of which have been noted.

 

I do not accept your valuation of as been a true and accurate figure. I have looked extensively in local garages and in various publications and I cannot replace my vehicle with one of a similar condition and mileage for anything less than .

 

In support of my claim I enclose .

 

I trust you will now review your offer and I look forward to hearing from you at your earliest convenience.

 

 

Yours sincerely

 

 

 

 

If you are insured third party the offer from the other insurers will state the value of the salvage and it will deduct that amount from their offer because it is your responsibility to dispose of the salvage, and that is the value you should get from a local breakers yard.

 

If you are Fully Comprehensive the offer will make no such deduction because your insurers will arrange disposal of the salvage, however if you want to retain the salvage yourself then you need to add a paragraph to the above letter saying something like this....

 

I would be obliged if you would advise me of the value of the salvage as I am considering retaining it, I appreciate that this value will be deducted from my settlement cheque.

 

 

 

 

If you can't find a template letter here that suits your needs drop me a PM and I'll add one when I get the time

 

I'll add more template letters to this thread when time allows to show you what to say to the other person's insurance company.

 

 

 

 

Mossy

 

 

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Can I suggest a mod making it a sticky MC?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Seconded.

 

I would add also that you should take the reg no / make model etc of the TP vehicle directly (pref photograph). Do not take details verbally as they may get the info wrong (accidentally on purpose). I have also hear it being suggested that you have a voice recorder handy to record the conversations. the admissibility of this though I doubt.

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I would add that you should call the police if you feel that the TP was at fault and their actions constituted a crime, eg failing to stop at a stop signal, being on the phone and not just for drink driving. Stress that you believe that the acident has been caused by the third party's criminal activity.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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  • 3 months later...

Hi

 

For my two penneth worth.

 

I work in Personal Injury Claims and knock for knock (K4K) is when an insurance company (lets take Norwich Union(NU)). Say your insured with NU and hit a car insured with Norwich Union Direct (NUD) when the vehicles are repaired both claims departments agree K4K so norwich union doesn't write itself a chq, as both companies are under the same umberella parent company, soon to be AViVA.

 

Between different insurance companies if NU driver hits Esure driver for instance then they agree to pay according to Reduction In Paper Evidence (RIPE) agreement. This is where some insurance companies have agreed that rather submitting evidence ie Engineer reports and invoices they just state what their outlay has been and agree to pay on an honesty basis.

 

Hope it helps and adds to the excellent advice above.

 

Also if you think an accident is contrived or staged please advise your insurance company, the police and the Insurance Fraud Bureau - Contact Us - Insurance Fraud Bureau - 0870 850 4431.

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  • 4 weeks later...

I had accident in back lanes in the snow, skidded and nowhere to go so collided with oncoming car at low speed. insurance said cost too much to repair so wrote it off. valuers only offered 1600 as said 'market forces were involved', just means they offer you rock bottom price according to cars with 'similar' mileage being offered 2-300 miles away. i complained and they offered too increase, as i understood it , by £200. got a cheque that represented 1700. rang up and after a week of calls they finally said that they had listened to call and it was definitely a hundred, i said one does not sound like two and if that was the case i would not have agreed to the 1700 as i felt it was far too low considering bottom book was £2000. basically they said what i heard was not what was said and that was that. i said that ok , i can just change to another insurance company, keep my 'noclaims bonus' and pay a cheaper price. i said they were just ripping people off instead off giving a fair price for their vehicles. anyone else think the same way!

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  • 1 month later...

Any advice for someone who may have hit another car, no witnesses, no police etc. The accident is longer than 10 days old and neither side has reported anything. However the driver of the car who got hit is now making abusive calls demanding their car be fixed at a cost of £1500 when in fact the damage would cost 400 at most.

They claim it is their right to have the car repaired wherever they choose.

Any advice out there?

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  • 1 year later...

Hi,

 

I would just like to clarify a couple of points made in the first post. I had a really minor car bump today and I notified my insurance company. I am 90% sure I am at fault and therefore prepared to reimburse the insurance company for their outlay as suggested above. However, my question involves excess;

- I am assuming I will still have to pay excess on my policy... is this correct?

- Will I end up paying for the bill of the 3rd parties excess?

 

Has anyone else ever tried to do this with success? Or should I try another technique to try and save my no claims?

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  • 1 year later...
  • 1 year later...
any template letters for if u want to argue an accident..that you feel wasn't your fault?

 

 

Sorry no, there isn't.

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