Marc Gander - The Consumer Survival Handbook


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  1. #1
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    Default Discussion thread - non fault accidents, who to claim from ?

    There have been a few threads recently from people who have suffered accidents where the third party is 100% at fault and the third party insurers have accepted responsibility. There are then questions raised about whether to claim on your own insurance policy or claim directly with the third parties insurers.

    There is no perfect answer about the best way to proceed, as it can depend on so many factors. You have to notify your own insurance company first anyway and you should discuss with them your options. If you have personal injuries to claim for, then it is not really wise to go to the third party insurers for the car damage only, as you will want deal with the whole claim properly using any professional advice you can get. You might have legal cover under your own policy or can use an accident management company to deal with all aspects.

    Firstly, claiming off your own policy

    If you have comprehensive cover, you can claim off your own policy, but you then will normally have to pay an excess and claim this back from the third party insurers. The excess is payable before any repairs are carried out or deducted from any write off settlement. It might take several months, before a third party insurers refunds the excess to you, after you have submitted your request for reimbursement. So if you are short on funds, this might cause you a problem.

    If you have a car which is written off with a smallish value, say less than 3,000 and replacing it would be quite difficult, then you need to be aware of a few things. Firstly you have the excess which might take a few months to get back. Secondly, if you pay your premium monthly, your Insurers are quite likely to reduce the claim settlement, by deducting the remaining premium. So for a car worth 3,000, you might have say 250 excess and say 750 remaining premium deducted, leaving you with 2,000 to buy a replacement car. If you are short on funds you might be unhappy you don't have the money to buy a similar car. Thirdly, if your claim is being dealt with by an accident management company on behalf of your insurers, you can expect your claim to be delayed. They have a habit of drawing out claims and providing credit hire cars, to make money from third party insurers.

    The advantage of using your own insurers, is that you have a contract with them and rights to use the fosicon if you are unhappy. Your Insurers are responsible for the repairs they authorise, so if a car is returned with substandard repairs, you have a right to ask your insurers to pay for additional repair work if necessary. With a third party insurers, it is more difficult to deal with repair issues and you can't use the FOS. If a car is wriiten off, you can go to the FOS to complain about your insurers offer. With a third party insurers, you would have to go to court, as you don't have FOS option.

    Claiming off third party insurers

    If a third party insurers is interested in dealing with your accident claim directly and there is no personal injury involved, then it can be worth it, for some of the reasons mentioned above. They won't deduct an excess, they won't deduct any remaining premium from a write off and they will normally pay you the book value for a write off. You might have to use the insurers authorised repairers, but can ask to use your own local garage, if they agree to any repair quote provided. The difficulty can be where you are not happy with repairs or write off value, as you are not dealing with your own insurers. The option of dealing with a third party insurers is not going to be suitable for everyone, if they are not confident in dealing with such issues or have a car of reasonable value they feel happier having repaired via their own insurers.

    Quite often the third party insurers will arrange a hire car for the period needed and to pay for it. It can be less hassle than a hire car via your own insurers, who will be conscious about the hire cost, as it will need to be claimed back off the third party insurers. It depends on what hire or courtesy car cover your own policy offers, as to pros/cons of claiming on own policy or third party in regard to the accident claim. It can be a problem area, as disputes can arise about hire car costs. If you are asked to sign for a hire car, be careful about what you are signing, as to whether you could be liable for any costs.

    This post is not an exhaustive complete item on these issues and there may be more information which would be helpful to people using the site. I thought it would be useful for a discussion thread, so people can add their experience or thoughts.


  2. #2
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    This is very helpful. Thank you.

    I have posted a copy of this on the forum front page as well. Please let me know if that is not OK with you.



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  3. #3
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Yes ok.

    I thought it was worth sparking a debate. Perhaps people who claimed directly from third party insurers, can be invited to share their experience. The more information the better really, as i think it can be confusing.


  4. #4
    Basic Account Holder Oddfellow Novitiate



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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    If I was going through this again, I would claim off my own insurance and chase the refund of the uninsured losses (i.e. excess) from the third party.


    The basis for this recommendation is that I recently followed the advice of my insurer's claims department after being rear-ended at a T-junction and handed it to a claims management company (CMC), and it was a PITA from start to finish. It is just a money-making scheme for a whole bunch of closely-allied companies, and causes all of our insurance premiums to increase.


    The work done was not, in my view, justified. That meant that in addition to costing more to the TP (and earning more money for their pet repair centre), it was off the road for much longer, so that the credit hire vehicle was also earning extra money for the CMC's pet credit hire company. They provided me with a "like-for-like" replacement vehicle, at excessive cost. No option was given for a cheaper vehicle, and it was all very rushed, with little time to consider contracts, etc.


    Long story short, the TP insurer did not agree to pay for the excessive sums, so the CMC appointed their pet legal firm (again earning a lot of money at our expense) to issue proceedings in my name against the TP. Luckily, a settlement was agreed 5 days before the court hearing, so neither I nor the poor woman TP were out of pocket directly.


    The CMCs are akin to the private parking companies, and the sooner they get put out of business, the better. My recommendation is to avoid, avoid, avoid!


    Hope this helps someone.


  5. #5
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Oddfellow

    Thanks for sharing your experience. One of the problems you highlight is the outsourcing of claims by insurers to claims management companies. For a straightforward accident repair claim, this should not really be necessary, but you might not have much choice. No doubt a CMC would want to get their claws into you for a credit hire car to make money from and there are fees paid between CMC and Insurers. The Insurers are saving money by not employing as many claims handlers, so they will refer most claims on to a CMC.


  6. #6
    Basic Account Holder Leakie Informative Leakie Informative Leakie Informative



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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Thanks UB

    I have just gone through a non fault accident.

    this happened on 30-12-16

    Completed today.

    Cal my broker Octagon.
    Was asked if I wanted to claim or just notify, ( I did not realise I had the option)

    I just left it as a notification
    3rd Jan my brokers contacted me as I had legal cover, to ask if I needed to use them in case of injury(not needed)

    4th Jan I had a call from 3rd party insurers accepting 100% liability.
    inform that some one would inspect the car 10th Jan and sent details via email, offered a replacement car whilst repairs carried out.

    Today had a call from inspector, all done via phone callicon, cr is now category D write off, due to the age of car and the cost for repair.
    I have agreed a settlement figure, less buy back at auction price, Quite surprised how little the price was.
    Payment made via internet banking should receive after 3-5 days.
    The pay out was more than I paid in the first place.

    I am sure I can get the repair done cheaper.
    I intended to keep,the car until it conked out.

    The only thing that I was annoyed about was ambulance chasers had got my details
    they said insurance companies had to pass on by law ( yes right oh)
    these companies are responsable for the insurance premiem hikes IMO.

    over all good experience with total 3rd party claim.

    Leakie




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  7. #7
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Leakie

    Who were third party insurers ?

    Had the third party admitted fault and phoned their insurers to advise of this, hence the quick response to your claim ?

    Most claims are not dealt with this quickly, unless you have an efficient third party driver who phones their insurers and an efficient third party insurers that deals with the claim quickly.


  8. #8
    Basic Account Holder Leakie Informative Leakie Informative Leakie Informative



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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    The 3rd Party was driving a Mobility car and the broker Mobility Insurers
    When I spoke to the assessor yesterday he did mention More Than,


  9. #9
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    Default

    Quote Originally Posted by Leakie View Post
    The 3rd Party was driving a Mobility car and the broker Mobility Insurers
    When I spoke to the assessor yesterday he did mention More Than,
    Thanks. Yes i think Mobility use More Than. I think you struck lucky, that the mobility car owner was pro active and spoke to their Insurers asking them to sort your claim out quickly. Hence why you received help within a week of the accident.

    It can be a matter of luck, as to how quickly an accident claim is dealt with. Had the at fault third party not bothered to phone their Insurers, i think your experience would have been different.


  10. #10
    Basic Account Holder Leakie Informative Leakie Informative Leakie Informative



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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Totally agree.
    But I was surprised at how pro active they were in sorting out the claim,

    It was like we are at fault so we will do every thing we canto sort the mater. was offered a replacement car as well whilst repair was happening
    Then the assessor, very helpful easiest claim I have had involvement in.
    As you say Lucky.

    I wish they would not pass on details to the ambulance chasers, both brokers denied they did, but some one did ?


  11. #11
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    Leakie

    Different subject, but too many hands on your data after accidents and it gets leaked. There have been staff from Insurers and clams management companies who have been caught selling data on. There is now a big data sharing industry, much of which i think is not totally covered by Data Protection Act. At some point it will be a news story that gains attention.


  12. #12
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    Default Re: Discussion thread - non fault accidents, who to claim from ?

    I've got an ongoing claim at the moment going through a third party's insurer. The insurer, Allianz, have been pretty good so far.

    It was a clear non fault accident, but their driver had not reported it to them when I first contacted them. But I've got a decent amount of experience in the field so getting from there to an admission of liability, to a repair authorisation at the garage of my choice (as opposed to their approved repairer) and also a hire car wasn't really too difficult.

    I can image the procedure for someone not used to the processes, jargon etc can be daunting, hence the temptation to allow a claims management company to enter the fray. Personally I would rather go through my own insurer than furthering the business interests of a CMC. In my opinion, for all the talk of fraud and increased premiums etc, I think the CMCs are the real problem with the industry.



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