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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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3 cars hit & run accident overnight


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Hi, I need some advice here.

I woke up this morning and find out somebody (A) has run into my car (B) from the back and run away. Although my car was on first gear with hand brake on, it was pushed so hard that it hit another car © front to front.

There is not much damage on the back of my car what makes me think that somebody could have been parked behind and move forward instead of reversing. Or probably he tried to start the car and forgot to press clutch while being on first gear, what makes the car kind of jump forward. The bonnet of my car has the worse damage as it was pushed underneath a high 4X4 car. Damage in 4x4 (car C) is not serious but I am sure the driver is willing to have it repaired.

I called the police and now I have a CAD number and I have been advised to go to police station and fill a self certificate form or something similar

My car is an old Peugeot 406 from 1997. It has Comprehensive insurance with £500 excess. I have 2 years no claim bonus.

My question is who is liable for the accident between my car (B) which was stationary and car C which also was stationary?

Could my insurance end having to pay for damage in my car B and damage on car C?

Any advice is welcome. Thanks.

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Hi and welcome to CAG

 

First you say that your car with it's hand brake on and in first gear 'was pushed so hard' it was shunted into the car in front which in turn hit the car in front of that. Then you say the rear of your car isn't badly damaged which makes you 'think that someone could of been of been parked behind it and started their engine without pressing the clutch'. Well unless you were parked on a hill (Facing down it) or something I cannot see that happening unless your hand brake was faulty. The question also begs, was the car in front of yours had it's hand brake on also?

 

In any event, car 'C' will claim off car 'B' who will then claim off you. So in effect, your insurer will be paying out for all the damage (including yours) unless the 'offending' vehicle can be traced. Your £500 excess is an un-insured loss which means you would have to recover this yourself. From what you are saying, that's probably what your car is worth.

 

As for your NCB, unless that is protected, you can probably kiss at least half of that good bye. You have to find out what the damage cost is to the other two cars and see if it is economicly better for you to pay for the repairs without going through your insurance. But you should advise them of the incident for 'information only' if that is what you decide to do.

 

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.

Edited by sailor sam

 

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I would disagree with the previous post. The hit and run driver is entirely responsible for all the damage. If the police trace him/her (unlikely unless a witness pops up) then his/her insurance will have to cover all the costs.

 

In practice the owners of both parked vehicles are likely to have to bear their own costs and lose their no claims.

 

The OP is not responsible for the damage to the other parked car.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Its unlikely the police will get him (how sexist). Your car is 12 years old and fortunately has all bolt on parts that will need fixed. So sourcing the bits from a breaker would cost less than your excess including fitting them (and saves you losing your NCB too). This will also save them being resprayed if you can match the colour.

 

You also need to open the back of your car and look inside - lift whatever covers the floor at the back - as its likely the bumper distorted then entirely returned to shape - however, you are likely to see folds inside the floor at the back where it joins the rear of the car. This will need to be painted and treated with underseal to prevent rusting.

 

With things like this telling the insurers (as you were not driving at the time, and presumably not claiming either) as to say will result in a claim/accident appearing on your record for no good reason.

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However not reporting the accident could have serious repercussions, and you would certainly need to disclose it at next renewal.

 

It is possibly to report an incident for information only and make it clear that you are not claiming.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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But he did not have an accident - someone hit a parked car.

 

Would it be the owner, the insured, the keeper, the person who parked it... who had the accident? Or if the car was lent to a third party covered by the policy who had an at fault accident, then there would be a claim, but the insurer himself would not have had an accident.

 

While 'uberrimae fidei' applies in contracts of insurance - you are really now limited to filling only the boxes they ask online. These boxes ask if you have had convictions, pending convictions, accidents or claims. If you were not in a car when it was hitm and you parked in full compliance with the law - can this really be an accident you have had?

Edited by Bang!
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I would disagree with the previous post. The hit and run driver is entirely responsible for all the damage. If the police trace him/her (unlikely unless a witness pops up) then his/her insurance will have to cover all the costs.

 

You answer your own argument in the above... we all know that the hit and run driver is responsible but unless he/she can be found, where do you go from there?

 

In practice the owners of both parked vehicles are likely to have to bear their own costs and lose their no claims.

 

The OP is not responsible for the damage to the other parked car.

 

I think you mean in theory. In practice It will probably treated like a rear end multiple shunt meaning that the last car's insurers will bear the brunt of the claim. We know the OP is not personally responsible but that dosn't necessarily mean his insures aren't obliged to pay out. It will mean the OP will pay his excess of £500 (which is an un-insured loss anyway) and will take a hit on his NCB (unless it is protected).

 

The OP can of course clarify his position by speaking to his insures.

 

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.

 

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I have been trying to obtain payment from an accident in October when hit by an untraced driver. I am still waiting (in fact my insurance company want to close the file as a "fault" claim) and I am hassling the solicitor's to continue their pursuit. Claiming against the MIB is easier said than done!

Edited by crem
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