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lorry hit stationary courtesy car , they want ME to pay!!


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This is the first time I have posted to this so excuse me if it rambles.

 

About two months ago my car started having problems.

I was constantly finding I was having to top up with coolant and then

 

 

one day it overheated. so I took it to the local garage who informed me that it might be a 'blown head gasket'.

My car was not out of warranty but it was not old.

 

 

I looked on line and found that this was a particular problem with toyota cars.

I also found that toyota had put out a bulletin to repair this free of charge if the car was not so old and had regular servicing.

 

 

I contacted my local garage and with a fair bit of toing and froing I managed to get them to agree to repair it.

( this toyota car has also been recalled twice before by dvla for two separate faults before) .

I was informed would take a while I then asked for a courtesy car.

 

 

They eventually gave me a courtesy car to drive for work.

I picked it up from the garage and was given a piece of paper to sign.

My mistake, being a complete innocent I didn't read it and signed it.

Nothing was explained to me around any obligations.

 

Unfortunately 3 days onto having the car I was going to work and and had to stop on the round about because a lorry,

and another car in front of me stopped as the lights went red on the roundabout.

 

 

I was in the right hand lane on which you could go straight on or round (this is one of those roundabouts that has lights half way around it).

 

 

Because I knew I wasn't able to go anywhere until the lights changed I put my handbrake on and was stationary.

Meanwhile traffic from the left hand lane. A large HGV then came along and as it passed it caught my car wing mirror with his front wheel

and my front bumper with the middle of his hgv wheels.

 

 

I could see in him coming near my rear view mirror and I beeped it but it was too late.

I don't think he even noticed me in my little car.

He did stop.

I was pretty shook up at the time.

 

 

I managed to call the garage to let them know and the police and we waited for them to turn up.

He took photos and because he was taking some I took some too.

Unfortunately, everyone had moved on and I didn't think to ask anyone if they saw what happened.

 

the policeman came, he was very helpful, he got the lorry drivers details and mine and passed them to us.

He also arranged for a truck to take my car to the garage. I was now without a car.

 

Later the next day, I rang the garage to speak to them and to ask about insurance claims and to give them the details of the driver.

The manager wouldn't take the details and said that I couldn't claim on their insurance.

They insisted it wasn't their insurance and that it would be a £1000.00 for me to pay excess for them to claim.

I felt it should be on their insurance as I hadn't been asked or informed about an option to put the car on my insurance.

I also told them the accident was not my fault.

 

I spoke to my insurance the following day and they informed me it should be the garage as I was driving their car.

I must say that they were unhelpful, part of their response was to say they would make a note against my insurance

that there was a claim even though I was not claiming from them.

I asked if my legal claims cover could help me get the excess back if I paid it and they said it only applied to my car.

 

I rang to ask about my car and to them what my insurance company had said about the claim having to be through their insurance.

They still wouldn't take the details of the driver and the incident number from me.

I told them that they hadn't told me I could have this on my insurance company otherwise I would have rung them to ask

if I could put the car on my insurance.

 

 

I also had to keep ringing them back to find out if my car was sorted.

They eventually rang me to tell me my car was sorted which took much longer then expected,

asked me to pick it up and informed me that I couldn't have it back until I had paid the excess of £1000.00 for the damage to the courtesy car.

 

 

I insisted that they could not insist I couldn't have my car as the insurance was nothing to do with my car

and I would put in a complaint if they did this. they garage eventually capitulated and dropped the car off to me.

 

Since them I have had some missed phone calls from them,

unfortunately I wasn't able to answer them as I did not have my phone with me.

 

 

But given they wouldn't answer my calls I was in no hurry to return their call.

 

Today, I have received a letter from their legal department it sustained damage when

'you hit the rear of another car and that you are refusing to pay the excess'.

 

 

They are demanding £1000.00 from me within 7 days and insisting it is paid by cheque.

This is a complete lie as I was stationary and it was the lorry that went into me.

 

They cannot have made any claim as they have not taken the details of the accident off me

or passed me any claim form and they are trying to put the blame on me.

 

I would pay the £1000.00 by debit card with the guarantee that they will put in a claim to the other drivers insurance company and pay it back to me.

 

. I have never ever had an accident in all the years I have been driving.

And the one time this has happened through no fault of mine, I get this treatment.

I feel really frustrated and upset angry with this and it is causing me a lot of sleepless nights.

 

Please can anyone advise me what to do.

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What is the piece of paper you signed? You haven't explained

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Have you checked the damage is for more than a £1000.00 ??? just beause the excess is that much it doesn't mean that amount gets paid for each claim if the damage is less, the excess being the first part of the claim that the insurer is not liable for.

 

Other than that, it does appear that you have the duty of care to either ensure you did have insurance when taking the car away or insurance arrangements existed , so if you didn't and have to be put on the garages insurance, it is upto you and them to sort and then claim back from the third party insurer.

 

In many cases the third party insurer will jump in and resolve this, but they do not have to do this from the start, they are more than entitled to sit back and allow the claim to come into them.

 

Have you tried calling the third party's insurer and asking if they will get involved at this stage?

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What is the piece of paper you signed? You haven't explained

 

the paper I signed was a vehicle loan form. Should I ring their insurance company for advice. How do I ensure they will claim on my behalf?

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Garage should have told you to arrange insurance on their car and not just given you paperwork. You drove without insurance and could have been prosecuted fhis offence. Suggest that you take up a complaint with Toyota.

We could do with some help from you.

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I think I left the original one in the car. the form was a vehicle loan form. they sent me a copy Unfortunately, It does say in the small print insurance policy excess £1000.00.They have also sent me an itemised bill dated 18th May which says a total cost of 1535. Should I be paying it to the insurance company not toyota anyway. The letter I received i have received is from toyota legal services department. I don't think it is a claim form. they are asking me to pay by cheque which I don't want to.I would rather pay by credit card because it is a lot of money to find in one go and I think I would be more protected if they were funny about giving it back. Besides I don't think I have a check book with my account. I assumed it would be the insurance company who would ask me for the excess not Toyota.

 

I will buy an automatic phone recorder, thank you that is good advice. I will ensure I record my call to the insurance company.

 

I thought I was covered by their insurance. Mine I have discovered would have only covered me for third party.

 

Should I ring the toyota legal service or write to them. They have the facts incorrect.

 

Many thanks for your advice

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You would be paying Toyota the excess amount, being that was what you agreed to when signing for the car

 

Speak to Toyota, but don't commit if not happy. Get them to confirm their exact position in writing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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