Dog hit the side of our car

[finaldj]

thanks for the reply....

 

Car is a Chrysler Neon 52 plate, there is a crease on the wheel arch where the wing has been pushed back and its started to rust now dint is around the size of a CD. I will post a picture of the wing damage tomorrow to show what I mean

[Bang!]

thanks for the reply....

 

Car is a Chrysler Neon 52 plate, there is a crease on the wheel arch where the wing has been pushed back and its started to rust now dint is around the size of a CD. I will post a picture of the wing damage tomorrow to show what I mean

 

They are sufficiently rare to be difficult to find panels in local breakers, but online may be different. I could not even tell you if they had bolt on wings. From memory I would say most I had seen were metallic paint too which means a panel respray rather than a can in your driveway, although folds/rust in wheel arches are easily sorted with filler.

[grahamengineering]

They are sufficiently rare to be difficult to find panels in local breakers, but online may be different. I could not even tell you if they had bolt on wings. From memory I would say most I had seen were metallic paint too which means a panel respray rather than a can in your driveway, although folds/rust in wheel arches are easily sorted with filler.

 

£45 brand new from most motor factors.

[green_and_mean]

I would ensure you take the correct person to Court as I'm sure its the keeper that is liable and not the owner.

[finaldj]

Updating this old thread.....

 

Its now September and haven't got anywhere with Elephant or the legal department albany assistance.....since my last message on this we have contacted the legal department on 12 occasions because the case had been passed onto a particular solicitor...only problem is this person never seemed to be around when we asked for him and the person on the phone who we spoke to each time said they couldn't find him so we kept leaving messages to call us and never got them returned to the point I had a right go with one of the people on the phone over it...eventually they tracked this person down but was in a meeting so I asked if they could call between such and such a time as I wouldn't be in work then.

 

So this person called I asked between 4-5pm they called at 2pm and left a message to call them...so I did that day and he wasn't around so I left a message with the person on the phone could he call me tomorrow as I would be in all day...The person on the phone told me he would be in the office most of the morning so would leave a message to call me then...got to 2pm that day no call so I called them to be told that he hadn't been in that day at all....so I left a message with them for him to call me...I was told then after this person went away that he was on leave for 2 weeks so he would have to contact me then as he has all the case notes and is the one dealing with it.

 

2 weeks passed so I called again....well you get the story its september now and still no contact from this person....

 

 

I contacted the FSA who told me to put everything in writing from the start of all this and what our complaint is and forward this onto Elephant if we haven't heard anything within 8 weeks they said we have to contact the Ombudsman but in the letter I have given them 14 days from the date of the letter to contact me because I think 8 weeks is a stupid amount of time.

 

If I dont get anywhere with this I am willing to take this to the small claims court does anyone know what the cost is for this and is it a one off payment?

 

I went onto our local court site but couldn't make anysense of the form but my understanding is its around £500?

[sailor sam]

My God you are being given the run around! Your claim can be done on line, this link should help you;

 

http://smallclaims.me.uk/index.html

 

Please keep us posted.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Nagasis]

http://www.crashrepairparts.com/parts/partid/12-31-231/Front_Wing//chrysler/neon?_ts=1543

 

The wing is only 63 quid, with spraying and fitting 150 tops.

Maybe approaching the dog owner with a realistic quote may help settle the dispute.

[finaldj]

Yeah I've looked online and seen that I can get the parts cheaper, I have tried that one already with him and his words were go f yourself.

 

We got a phone call the other day from the insurance company asking my wife to call them so she is going to do that tomorrow and see where it goes from there. the only letters we have got from them since we started the claim last November was

 

1) To say after we gave them all the details on the phone 3 days later we get a letter to say due to lack of 3rd party details they are closing the case?

 

2) A letter to confirm a conversation on the phone where they agreed that - we could claim off our own insurance and take them to court to claim the money back but lose our no claim in the process at least till it was sorted or get a quote from a garage and then take the person to court to claim the costs for repair.

 

This has been the only letters we have had from the company it took them 6 months to tell us that they had actually spoken to him and got his side of it but never informed us. So depending what they now say on the phone tomorrow which will probably be a load of crap it looks like court action will take placce

[finaldj]

So My wife called them and got an answer phone message on the other side saying that the person she phoned is away until the 28th August? it was like the 7th september when she phoned. she left a message for them to contact her from 15.30pm as that is when she finished work and would be able to talk with them...we are on the 27th September and no returned calls until today some post came from them a cheque for the value of £250 that says "this cheque is for your claim settlement"

 

I dont know what that is all about so she is going to call them tomorrow as the value of the damage to the car works out at about £895...We have never dealth with an insurance company like this before most claims have gone smooth

[sailor sam]

Who is the insurance co? I'd like to know for when my premium is due so I can steer well clear.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[renegadeimp]

Amen to that sam.

[finaldj]

Update.......

 

 

The insurance company is Elephant. wife has just called them I will post a copy of the letter later as they said to her that they had posted a letter on the 21/9/12 which we never got so she emailed it to her about an hour ago so I apologise if its long.

 

Before I post this letter I want people to bare in mind that I was a witness to the incident as was in the car with her she told them that on the phone when it was first reported but said we can deal with that later, Not sure why she says we lost our no claims as nothing has been paid out still waiting for court action and when she went with a new insurance company they sent us her our no claims through, the CCTV is property of the local council when we contacted them under the date protection act they told wife she wasn't allowed the CCTV but the insurance company could apply for it. they argued on the phone tonight that it was "Her" responsibility to obtain it even though they eventually went for it themself and got the wrong date.

Edited September 27, 2012 by finaldj

[finaldj]

LETTER FROM COMPANY

 

Further to our discussion about your issue with our claims service. Please accept my sincere apology you felt it necessary to make a complaint. As a Quality Executive I have been asked to look into your concerns.

 

I understand you are unhappy we had the incorrect incident date noted on our files resulting in delays. In addition you were not satisfied as we were unable to obtain CCTV footage. I have completed a full investigation into the matter; including an in depth review of the file and all the details provided by you and would like to explain my findings.

 

With regards to the incident date, I have listened to the call in which you registered the incident. On this call you clearly state the incident was on 20th November 2011. I am unable to explain the reason why the agent noted the date as 21st November. However, I can confirm this has since been amended and feedback passed accordingly.

 

You notified us there was CCTV footage of the incident available and it was advised for you to obtain this. It is not our procedure to obtain CCTV footage, however I feel as you had notified us this was available; we should have tried to apply for it ourselves.

 

We did apply for this at a later date however; as we had the wrong date noted on our file we applied for footage for the incorrect date. When you provided us the accurate date of the incident, I note the handler left this information on file but failed to act upon it. When we finally realised our error, it was too late to apply for the data held for the correct incident date. I apologise for this error and any inconvenience caused, I have provided feedback to the agent’s manager to ensure this is avoided in the future.

 

With regards to the Pro-forma, I apologise you were advised to obtain this in order to provide evidence you have suffered a financial loss. Unfortunately this is not available to you, as the Third Party involved in the claim, the dog, does not hold an insurance policy. I have provided full feedback to each of the handlers who advised you of this information and have asked the manager to provide any further training needed.

[finaldj]

Turning to liability, I can advise this is currently in dispute. In my opinion without any independent evidence, such as witness or CCTV footage liability is likely to be settled on a 50/50 split. However, we have sent the file to solicitors for an independent opinion should this proceed to court. Once the solicitors return their comments, I will ensure we will call you discuss the findings in more depth. I would like to make you aware the opinion of the solicitor is likely how we will look to resolve this claim

 

However, as a result of any inconvenience caused, as our procedures were not followed, we have reinstated your No Claims Bonus. This means the claim is showing as a non-fault claim on our files. Should you change insurance companies you will need to notify them of the claim.

 

You have advised when you called the agent answered with another company’s name. I apologise for this; however, Elephant is part of the EUI group. This means the agents take calls for Admiral, Diamond, Bell and Elephant. I have discussed this matter with the agent and highlighted the importance of noting which company the policyholder is with, before answering the call.

 

I understand you do not wish to claim for the damage to your vehicle until liability is resolved. As a gesture of goodwill I will raise a cheque for the amount of £150 to allow you to claim without suffering a financial loss.

 

Due to the frustration of our errors, lack of communication and the delays caused, a compensation payment of £100.00 has been raised. Therefore a cheque for the amount of £250 will follow under separate cover. Whilst in no way distracting from your complaint, I hope this goes in some way in restoring your faith in Elephant.

 

I am sorry you found it necessary to complain, as at Diamond we take customer satisfaction seriously. While I realise you may remain disappointed, I hope I have explained the reasons for our actions.

[sailor sam]

Hmm so the cheque is not in settlement of the claim then but compensation for their incompetence. A good result so far in my opinion.

 

Regarding the claim i disagree with the writer's opinion that liability should be split due to the lack of 'independent evidence' because I simply do not think it is needed. Liability should be with the dog owner due to the fact that the dog was off the lead thus not under control. Why do they need evidence?

 

Stay with it.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[finaldj]

Well about 9 months ago when she called them to ask if they had spoken to the 3rd party at all at this point about 2 months had passed with nothing from the insurer they said yes we have spoken to them and they said the dog was on a lead and that she was speeding and hit the dog.

 

This is when she referred the CCTV as evidence and pointed out that where the inccident took place there was speed bumps and its a 20mph zone although the CCTV would show this.

 

The letter also states a lack of witness although in the letter it fails to mention I was actually there at the time so that is also something that needs to be corrected. I did read on here I think or hear it from someone that family can't usually be classed as a witness as it needs to be someone independant.

 

In my opinion the CCTV would have been all the evidence they needed to ensure 3rd party was at fault and they have infact lied to the insurance company that the dog was on a lead at the time of the accident.

 

I'm glad the insurance company sent this letter as it now shows that liability is with them. wife told them that £250 wont cover the costs of the damage to the car and with the insurance company losing evidence and then suggesting that it might be a 50/50 split because of the now lack of evidence that she will be taking the matter further with the obudsman and court action if needed. to recover costs of the car and the years worth of insurance she paid to them due to breaking the contract she was under with them at the time.

 

The women that actually deals with it wasn't available today it was someone else that works with her so further to this phone call the person dealing with it should be calling sometime after 4pm tomorrow if not a call will come from us lets see.

[Ganymede]

The letter also states a lack of witness although in the letter it fails to mention I was actually there at the time so that is also something that needs to be corrected.

 

 

No, the letter says "In my opinion without any independent evidence". You are not an independant witness so the letter is correct.

[renegadeimp]

The good old "gesture of goodwill" phrase strikes again. They know they have messed up big time, but are trying to shift the blame away from themselves to absolve them of wrongdoing.

[Conniff]

Should you change insurance companies

 

Shouldn't that be 'when' you change insurance companies

[finaldj]

Changed companies back in April, totally agree with eh gesture of goodwill I'll cash the cheque by all means but it doesn't mean I wont be taking the matter further, if they think it will go 50/50 it simply wont happen they have messed up and I can't actually believe that further down the letter she states that "due to no CCTV" it may go 50/50 even after they have admitted it was their fault.

 

When I wrote to them I asked for the return of the years insurance premium £1500 + the cost of all our calls to the company since November which total around £70 ish, the legal cover we paid for at £27 and cost of what it would be to get the car repaired £900 in total I asked for £3000 and told them court action is looming.

 

The answer to my letter was a cheque for £250 with the possibility of not actually going to court for reasons already stated

[finaldj]

Well a further update now on this thread the Insurance company have finally written to us now they have got word back from the legal team...Take into account that this happened back in November 2011 they told us in March 2012 that they had passed it onto their legal team, we heard nothing and pushed them for a response then we were told from about June/July the legal team/solicitor would need to speak to wife however this never happened due to wife working and them never calling at the agreed time outside of her working hours (by which they had actually agreed to and one day they said ok he will contact you between 4-5pm) so when did the call come through 2pm when wife was at work so this is how it went for about 2 months...I wrote a letter of complaint and told them I would take legal action against the insurance company because of everything that had happened. they sent a letter back with cheque as stated above for £250 as an apology and stated in September that again the files would be passed onto the solicitor.

 

Finally a letter in response from the solicitor that they wont take it to court as in their opinion without CCTV or an independent 3rd party it is likely to go 50/50 at best

 

I would like to point out that the insurance company requested the wrong date for the CCTV and when they went back for the right date the council had wiped it