Accident exchange

[Credit hire hater]

I was involved in a car crash that at the time I was unsure if I was liable as it appeared to be a merging lanes issue.

 

 

 

It turns out I was liable for the crash and accident exchange now want me to pay them a lot of money.

 

 

 

I have got this bill down significantly but they say that I didn't make it clear to them on my initial conversation that I wasn't sure what happened. I told them that from what my witnesses to,d me I reckon xyz had happened.

 

 

 

In subsequent conversations I made it clear I wasn't sure, and even told them that I didn't want to find myself facing a huge bill. They told me they were taking it on as their own risk.

 

 

 

Following on from hem reviewing CCTV they have decided it is "polar opposites" to what I told them, this simply isn't the case although I admit there is a significant incident which I didn't realise had happened.

 

 

 

You know how it is in a crash, it happens so quickly that you don't know what happened. I am not disputing liability for the crash but I most certainly did not wilfully mislead them, and they say they wouldn't have taken me on if I told them I wasn't sure what had happened.

 

 

 

Does this only apply to the very first conversation? I had to sign further paperwork and this was when they told me it was all at their own risk.

 

 

 

The bill has come down a lot, but it is still a significant amount of money, more than I have really. Does anyone have any similar experiences, their current offer is for a limited time only and I don't know what to do.

 

 

 

I can't work out if they are trying to scare me into paying this, I had indemnity insurance provided by them but I assume they are saying I am in breech of that?

 

 

 

I really need some advise ASAP as I'm running out of time for this offer. Should I pay or go to court and argue my case, they want over £4000 off me!!?

 

 

 

Please help!!

Edited September 30, 2013 by Credit hire hater

[honeybee13]

Hello and welcome to CAG. The forum guys should be along later.

 

In the meantime, I'll put some paragraphs into your post to make it easier to read.

 

My best, HB

[unclebulgaria67]

Why are you not involving your own Insurers ? Were you driving without Insurance ?

[Credit hire hater]

Why are you not involving your own Insurers ? Were you driving without Insurance ?

 

 

 

No I have insurance but I was directed to accident exchange by mini dealership, not via my insurance company and I'm not covered for car hire through my insurance (also with mini incidentally) accident exchange say that it doesn't involve my insurance

[ims21]

Three identical posts merged here and thread moved to Insurance forum.

 

Thread tidied.

[unclebulgaria67]

 

 

 

No I have insurance but I was directed to accident exchange by mini dealership, not via my insurance company and I'm not covered for car hire through my insurance (also with mini incidentally) accident exchange say that it doesn't involve my insurance

 

If this was a hire car owned by the mini dealership they should have had Insurance on the car. It was their car to insure, so I am not sure why they are asking for money.

 

You need to see what the paperwork for the hire car says about Insurance and any excess you would have to pay. Is the £4k the excess amount, as you did not have any Insurance to cover the excess ?

 

I think you should go to Citizens Advice and see if you can obtain some legal help. Quite often they will have someone legally qualified who will see you.

[Credit hire hater]

If this was a hire car owned by the mini dealership they should have had Insurance on the car. It was their car to insure, so I am not sure why they are asking for money.

 

 

 

 

 

You need to see what the paperwork for the hire car says about Insurance and any excess you would have to pay. Is the £4k the excess amount, as you did not have any Insurance to cover the excess ?

 

 

 

 

 

I think you should go to Citizens Advice and see if you can obtain some legal help. Quite often they will have someone legally qualified who will see you.

 

 

 

 

Thanks for the reply, I realise my initial post wasn't clear. I was in my own car in the crash, the bill is for a car they provided me with afterwards

[dr fox]

@unclebulgaria67 it was a referral from dealer to accident exchange

[unclebulgaria67]

 

 

 

 

Thanks for the reply, I realise my initial post wasn't clear. I was in my own car in the crash, the bill is for a car they provided me with afterwards

 

If you have any legal expenses cover on your Car Insurance, they may help you with this. What you want to try to do, is dispute liability for the accident.

 

Also it is worth asking your Car Insurers whether they will be disputing liability for the accident, as they may also be wanting to avoid paying out to the third party.

 

Did you not realise that you would be liable for a hire cars costs, if you could not get the third party to pay ? If you signed something saying that you would pay the hire car costs, you will have to pay the amount that is due and then battle on trying to get your money back from the third party.

 

The accident management companies who hire out cars are a rip off. You could have obtained a car hire much cheaper elsehwere.

[unclebulgaria67]

@unclebulgaria67 it was a referral from dealer to accident exchange

 

Yes I see that how. I think I need a coffee. Some plain English would be nice at this time of the evening

[dr fox]

Credit hire hater I feel your pain as im dealing with the same AMC at the moment.

 

When they contacted me after my accident they said to me it was their risk taking me on as long as I was telling the truth.

 

How long ago did it happen?

 

A data recording of your 1st telephone conversation ?

 

You could ask for everything that they hold on file for you (again someone on here could advise on this better than myself)

 

Is there any way you could get a copy of the footage (maybe someone on here could advise on that)

Edited September 30, 2013 by dr fox

[dr fox]

If you have any legal expenses cover on your Car Insurance, they may help you with this. What you want to try to do, is dispute liability for the accident.

 

Also it is worth asking your Car Insurers whether they will be disputing liability for the accident, as they may also be wanting to avoid paying out to the third party.

 

Did you not realise that you would be liable for a hire cars costs, if you could not get the third party to pay ? If you signed something saying that you would pay the hire car costs, you will have to pay the amount that is due and then battle on trying to get your money back from the third party.

 

The accident management companies who hire out cars are a rip off. You could have obtained a car hire much cheaper elsehwere.

 

The AMC are basically saying that he stretched the truth so he breached the contract. ie His version of the events differ from cctv ?

[Credit hire hater]

Thanks for the replies. Yes it seems that they are claiming the CCTV is so different from what I told them that the indemnity insurance I had is invalid. I would dispute that it is very different, they say you can't see me check my mirrors (well you can't possibly see that on the CCTV), they say you don't see brake lights but I slowed down by taking my foot off the accelerator, I never said I braked I said I slowed down and they say you can't see me indicate, I'm pretty sure you can but the footage isn't great and there is light shining on that side of the car but you can't say it definitely isn't on. I know for a fact it was on.

Has anyone ever gone to court with them. Most posts on here are from people who aren't at fault, I am at fault but having spun 360degrees through the air, I didn't really know what had happened at the time, which I told them in subsequent conversations if it wasn't clear from my initial call with them. It seems it really wasn't taken at their own risk at all when I told them I didn't know what had happened

[unclebulgaria67]

Thanks for the replies. Yes it seems that they are claiming the CCTV is so different from what I told them that the indemnity insurance I had is invalid. I would dispute that it is very different, they say you can't see me check my mirrors (well you can't possibly see that on the CCTV), they say you don't see brake lights but I slowed down by taking my foot off the accelerator, I never said I braked I said I slowed down and they say you can't see me indicate, I'm pretty sure you can but the footage isn't great and there is light shining on that side of the car but you can't say it definitely isn't on. I know for a fact it was on.

Has anyone ever gone to court with them. Most posts on here are from people who aren't at fault, I am at fault but having spun 360degrees through the air, I didn't really know what had happened at the time, which I told them in subsequent conversations if it wasn't clear from my initial call with them. It seems it really wasn't taken at their own risk at all when I told them I didn't know what had happened

 

Send an SAR to them requesting a copy of the phone call recording you made to them and a copy of the CCTV. They have to supply this to you. If you click on SAR there is a letter which you can adapt and you need to send this with £10 as the fee due. The letter should be sent by recorded delivery to the compliance manager at Accident Exchange.

[Credit hire hater]

To be fair to them they have sent me the phone call and CCTV, this is where it appears to be a matter of opinion...

[dr fox]

Are they saying that you pulling into another lane without looking and indicating and the other car has smashed into your rear?

 

How do they know the speed of the driver behind? Could you tell if he was travelling too fast on that road compared to other cars travelling in the inside lane?

 

I know what you mean with it happening so quickly that you don't know exactly what happened

[Credit hire hater]

I don't think it's a question of liability, it's appears to a question of whether I was honest and that they wouldn't have taken me on if they knew I wasn't certain about hat happened, but in my opinion I did tell them this

[unclebulgaria67]

To be fair to them they have sent me the phone call and CCTV, this is where it appears to be a matter of opinion...

 

Suggest that you look to obtain other opinions from Solicitors who deal with such claims. See if they agree whether you should defend any court action.

 

Don't put the CCTV recording or phone call online in anyway. That would not be a good idea, as you may be in a court one day, disputing liability for the accieent.

[dr fox]

Ok, well the way I am thinking is that if you did tell them in your 1st conversation that you were unsure of the exact events, and this can be clearly heard on the recording and they were still willing to take you on then I would get the correct legal advice and fight them in court.

 

So it all goes on exactly whats on that recording!

 

How did you manage to get the costs down to £4k

[Credit hire hater]

You need to speak to them, again I'd give them credit for quick responses. I'd seen that the chief exec had suggested people contact him rather than post on sites like this. Give him his dues he does respond, and pretty quickly and they do seem to be willing to negotiate, it's just hard to know if you are liable for costs because of the insurance they take out on your behalf, and they tell you if you are truthful you'll be ok. It is a very stressful experience though, the whole thing!

[unclebulgaria67]

Have you thought about registering a complaint with Accident Exchange for FOS purposes and then escalating the complaint to the FOS. I don't like the way Accident Exchange are deciding whether their liability Insurance will pick up the bill for the hire car or not. Perhaps the FOS, as an independent reviewer would be best placed to give their view on this ? The FOS will obviously take some time to review this and this should hopefully avoid or delay any court claim being brought against you.

[dr fox]

unclebulgaria67 That advice also helps myself as im in talks with the same AMC and will use that route if needed. Hadn't though of that !

 

Thanks

[Credit hire hater]

On the phone call the guy tells me I will be provided with a protection policy which means at no point will I be personally liable for any hire charges, he doesn't say that this is subject to anything. Surely they can't tell you that and then give you a bill, they must have to make you aware if there is a chance you will be presented with a bill??

[unclebulgaria67]

On the phone call the guy tells me I will be provided with a protection policy which means at no point will I be personally liable for any hire charges, he doesn't say that this is subject to anything. Surely they can't tell you that and then give you a bill, they must have to make you aware if there is a chance you will be presented with a bill??

 

During the phone call they must make you aware of anything important before entering into the contract. e.g if the liability Insurance does not pay for the hire car because the information you provide is later proved to be false, then you could be held liable for hire car costs.

 

Failure to advise you of this, in my opinion, should enable you to succeed with the FOS or in a court. I would suggest that you go down the FOS route first, provide them with all the information and see what happens.

[Credit hire hater]

Hi,

Can anyone tell me exactly what information must be given to someone on the phone with regards to things that can invalidate the insurance. Basically I have a dispute with a claims management company who provided me with a hire car following a crash. I am told on the phone that a protection policy will be taken out which means that at no point will I be personally liable for any hire charges. That's it, no mention of paperwork being sent out to read, no list of things that would invalidate the insurance. They now want me to pay the hire charges because CCTV footage doesn't exactly match the info I gave them, although I gave them the information to the best of my knowledge. They now say that whenever you take out insurance there are things that could prevent you being covered, but there is zero, absolutely zero mention of this on the phone call. Do they not have to tell you that there are?