Hi,

Wonder if you can help me - to cut a long story short, my car was written off a few weeks ago by a drive who was fiddling with his stereo and didn't see that I'd stopped. He hit me from behind and shunted me forward into the car in front which was very old, and may also be written off.

I'm currently going through the insurance claim and have been told my no claims won't be affected. My insurance company have offered me a price for my written-off car, with my policy excess deducted (£900!), and they have told me to speak to their solicitors with regards to claiming back my excess from the third party.

Today I got a letter from the solicitors, telling me a.) not to accept any settlements help or cash settlements for any claims, and that any incurring legal costs or expenses I will be primarily liable for, if not recovered from the third party, They said roughly this could equate to £2,000-£5,000! and b.) Not to accept any hire cars, as charges can be very difficult to recover from third party insurers.... bit late for that now, as I have already used a hire car for 3 weeks having been told I would not need to pay for it, and costs would be recovered from the third party!

They then go on to say they feel I have a good case here and the risk of going ahead should be fine, but that there can be no guarantee.

I'm just keen to find out anyone's thoughts, and whether I'm going the right way about this, or whether there's an easier way? I've never been involved in an incident before and I'm terrified that for whatever reason the charge comes back to me, and I am in no position to pay out that sort of money for solicitor's fees. The guy who hit me admitted liability there and then, then changed his mind apparently (not sure what was said, the lady I hit told me, as I happen to work with her) but has now gone back to admitting liability.

Anyone's advice on this would be greatly recommended.......

Thankyou!

Hi Emma

Welcome to CAG

The guys will advise as soon as they are available.

Thread moved.

telling me a.) not to accept any settlements help or cash settlements for any claims, and that any incurring legal costs or expenses I will be primarily liable for, if not recovered from the third party, They said roughly this could equate to £2,000-£5,000! and b.) Not to accept any hire cars, as charges can be very difficult to recover from third party insurers.... bit late for that now, as I have already used a hire car for 3 weeks having been told I would not need to pay for it, and costs would be recovered from the third party!

 

They then go on to say they feel I have a good case here and the risk of going ahead should be fine, but that there can be no guarantee.

a) you can obviously accept settlement from your own Insurers for the write off. The solicitors letter is in regard to third party offers. In regard to the write-off offer check that this is correct, by using glass.co.uk. Insurers often make a low first offer hoping you just accept.

In regard to costs, I am not sure how you have employed the solicitor. If this was covered by your Car Insurers legal expenses, then your Insurers will meet these legal costs. If you employed the solicitors directly, that you should speak to them to gain clarity.

b) re the hire car charges. Unless your Insurers provide a hire car for a short period under the terms of your Insurance, the hire car charges will be an uninsured loss which will need to be reclaimed from the third party/insurers. The solicitors are correct that some hire car providers overcharge for a car and provide the car for too long. The third party Insurers will argue against these costs and you could be liabile for some of the hire costs. You should therefore make sure the hire costs are kept to an amount that can be justified.

In regard to the accident. if it was as described then you should not have a problem. It is just how long it will take to be settled. The quicker you sort out your own car claim settlement with your own Insurers the better. Once you have the money, you should get another car asap, so you don't need the hire car.

Also watch what they offer you in settlement for your own car!

remember you are the injured party and as such should be compensated fiarly i.e. you should not end up in no worse a position than you were before the incident.

They should offer you the amount so you can go out and buy a car ( retail ) equivalent to the one you had ( not trade value ) your insurers will get the money back from the third party so no loss to them. Or you could forget your insurers and claim direct of the third party insurers. Same goes for hire car, if you need one for work or business claim of the third party, its their fault. As for claiming your no claim back, your insurers should do tha automatically for you.

Dont forget about injuries, if you suffered any discmfort or strain add that in as well.

Did you have legal cover as part of your insurance? if so they should do all this for you.

Can you let us know which insurance co this is!

Solicitor does not sound as if they are advising correctly, they should help in recovering all legitimate costs, including hire car and should take it to court if necessary.

Dealt with many claims, just make sure they dont screw on the car payout, I dont know why they try to do it but they do.

Different if it was your fault and claiming, they willjust pay the cash trade value only.

Hi ALL,

Thanks very much for your replies, it's been really useful - the hire car was taken away on Tuesday, and yesterday I bought a new car which I'm now driving.

Thanks for clearing up the solicitor questions - I'll give them a quick call tomorrow and find out what the situation is... thanks! 8-)

Different if it was your fault and claiming, they willjust pay the cash trade value only.

You must be the fictitous bloke in the pub I keep hearing about.

Thank you for letting us know, Emma. It's always good to know and could help someone else in the future if they have the same problem as you.

Hi Mwynci.

My best, HB

Mwynci:!! what was your comment supposed mean!

Mwynci:!! what was your comment supposed mean!

Not answering for Mwynci.

But the advice in your post, is similar to that given in other posts, where people have apparently been given the same advice down the pub. This is not to say it was wrong in all the details, but everyone appears to be given very similar advice in whichever pub they frequent.

In regard to "Different if it was your fault and claiming, they willjust pay the cash trade value only."

This is not quite true. If you are covered for damage to your vehicle, they will settle the claim for an amount that enables a similar car to be purchased, less the excess if claiming off own Insurance. I think the point that you are making is that with a fault claim, some Insurers may try to get away with paying a cash trade value only, using the guilt affect. Insurers will often try to settle at the lowest possible level, which is why you should never accept the first offer.

Personally, the bit I don't like is claiming for personal injuries, unless a genuine injury has been suffered. Too many people are claiming for ficticious injuries such as difficult to disprove whiplash, which is driving up the Insurance costs.

Ok Uncle, I agree that in most instances thats where they start, in my experience, and you have to fight to get a reasonable payout to taking into account your area and availability. ( they always start with lowest book price ). They are a commercial organisation for gods sake. Ever heard of a fair insurance co.

With regard to personal injury, I am not advocating false claims, but if you have been injured in any way and suffered discomfort/trauma in something that was not your fault, you should be compensated.

With regard to personal injury, I am not advocating false claims, but if you have been injured in any way and suffered discomfort/trauma in something that was not your fault, you should be compensated.

You will have read that people are being persuaded and even coached by some companies into making claims. I personally find this to be totally irresponsible behaviour as this can only lead to increased premiums for the majority and government legislating/requiring greater regulation.

There was a case recently of an elderely couple involved in a non fault accident, being harassed into a PI claim that they did not wish to make. The person dealing with the PI claim, even made up/improved the claim details, insisting that the couple sign a statement, even though it was not accurate.

To summarise, this compensation culture gone mad world we are in, is now out of control !!!

raydetine, Unclebulgaria, apologies for causing any conflict.

My comment was supposed to provoke. Raydetine, I think your comment was ill advised in this post, the OP didn't mention the value, it's a "tell you what you need mate" comment. The OP's claim seemed to be going very well, settlement sorted, hire arranged, solcitors jumping all over the claim to assist (read that how you will). They were asking for some nice friendly advice

Raydetine, I don't know you, I have no doubt your intentions were good. If I have offended you, I'm sorry.

Regarding entitlement to injury claims, if your genuine, why not, if someone offered me 2k to shake me violently, cause pain for 2 weeks, discomfort for the next 6, i'd say no ............................ I think.

If you have legal cover use the insurer's solicitors, this is what it's for. But not always good.

If you don't, then use your own solicitor or one from a claims management company. Make sure it's on a 'no win no fee' basis and that they get after event insurance (they get to keep the referral commission as well) in case you lose. This way, there's no expense to you. As you were shunted from the back and liability is admitted, there's no issues and any decent solicitor should accept the claim on a 'no win no fee' basis. Potentially you could be asked to pay their disbursements but this is unlikely and what the after event insurance is for. These solicitors work harder than an insurer's as that's how they get paid.

If you have suffered genuine 'whiplash' injuries then make a claim, this is your legal right. If the govt don't want people claiming for these injuries, they will legislate it out. Otherwise it's only for the benefit of insurance companies when you don't claim.

You will have read that people are being persuaded and even coached by some companies into making claims. I personally find this to be totally irresponsible behaviour as this can only lead to increased premiums for the majority and government legislating/requiring greater regulation.

 

There was a case recently of an elderely couple involved in a non fault accident, being harassed into a PI claim that they did not wish to make. The person dealing with the PI claim, even made up/improved the claim details, insisting that the couple sign a statement, even though it was not accurate.

 

To summarise, this compensation culture gone mad world we are in, is now out of control !!!

IF that is true it's only an isolated incident and only only happens in a very small percentage of claims.

And as for you last comment, I think you're being over dramatic with that. You sound like the Daily Mail!!

IF that is true it's only an isolated incident and only only happens in a very small percentage of claims.

 

And as for you last comment, I think you're being over dramatic with that. You sound like the Daily Mail!!

Do your research and speak to people that handle motor Insurance claims. The post incident mentioned is not isolated.

I hate the Daily Mail, as often their articles are absolute drivel.

Fwiw, I agree with you, Uncle Bulgaria. I was in the insurance industry or a part of it 100 years ago.

My best, HB

This can run and run, we are not encouraging anybody to be dishonest!

Of course there are [problematic] out there deliberately causing accidents to claim, well documented now.

But over the years those invoved in accidents are now just claiming redress for injuries which is their right , where maybe previuosly they would not have done.

Back in my early twenties ( xx years ago ), I got knocked off my motor bike by a car coming out from side road, unfortunately he hit my leg and not my bike which was ok. got into ambulance and they checked me over, other than bruised leg ok. Was late for meeting, so got back on bike and away. police done driver for due care etc..

But as my bike ok just a few scratches( old anyway ) did not bother to claim. would do now, as was off work days later; limping with severe bruising and a torn muscle. did not occur to claim, just thought I was lucky to alive and never rode a bike again after that.

Sorry about story, but I Just think things and times have changed.