car crashed into the back of me

[levemir]

so on my way home from a friends locally in July 26th there was an RTC and the police were there stopping traffic, I stopped, I wasnt going fast anyway as the road was wet, however the driver behind didnt see my brake lights, or the policeman, or flashing lights on police cars, and crashed into the back of me.

 

details were exchanged, we were both on our way but my back bumper was rubbing my wheel, I only had a mile to do so got it home.

 

boot floor had collapsed, trapping the spare wheel, tailgate was bent in, and once opened would not shut

 

I have gone through Easidrive an accident management company who are local and we know somebody who has used them with success, they got us a courtesy car, engineer came to inspect my car and it is deemed uneconomical to repair.

 

 

its now october 17th and we still have the courtesy car, the other driver is saying my car had no damage, he doesnt dispute crashing into me, but refuses to believe my car was damaged, he hit me - I was stationary, he will have been doing about 30mph.

 

Am I likely to lose this case? how long does his argument last for? why hasnt HIS insurance co. sent somebody to look at the damage?

[obiter dictum]

The fact he run into the back of you is enough to win.

 

The insurance loss assessors will have inspected the vehicle from both insurance companies. They know the difference between old and recent damage through the oxidation of metal (Rust)

 

The fact is he failed to give an adequate stopping distance when breaking, game over

 

Keep driving the courtesy car, if your insurance company thought any different they would have taken it off you by now as an unjustifiable expense

[Conniff]

engineer came to inspect my car and it is deemed uneconomical to repair.

 

There's your witness, argument won.

[unclebulgaria67]

Hope the courtesy car is not subject to a credit hire agreement in your name ?

If it is, you could be liable for the difference between whatever the third parties insurers agree to pay and the invoice from the credit hire company.

People get caught out with this and end up with large debts.

 

Suggest that you phone the third parties insurers, asking to speak to someone who can advise you of the present position from their point of view.

What is holding up the claim being settled by both parties ?

I suggest this as your accident management company may not be dealing with the claim quickly, if they will gain from the courtesy car arrangement.

 

It should be a straightforward claim and no reason for this amount of delay.

Perhaps you are not being given an accurate assessment of the current situation

A call to the third parties insurers might be very useful.

[obiter dictum]

If it was me i would just let my insurance company deal with it and ask for an update

 

As with any insurance claim

 

RULE 101

 

You say nothing to the other party

[unclebulgaria67]

If you try to claim on a comp policy these days some insurers don't offer a service and pass you onto an accident management company to handle it.

 

Can be easier to deal with a third party insurers, if they accept 100% fault and will settle write off value plus costs at an appropriate level.

 

The accident management companies can make claiming more difficult, as they have an interest in trying to earn money,

[dacouc]

Rule 102

 

If you use an accident management company and an expensive credit hire car, be prepared for your claim to take long time to be settled.

[levemir]

I have spoken the solicitors that are handling my claim for the car today and they are to phone the third party insurers tomorrow for an update.

 

I also have a PI claim, they sent to the third party the offer which should have been accepted or refused within 21 days, no response from that either and its much longer than 21 days, awaiting a call back.

[ericsbrother]

PI? then the ambulance call will be logged and that should be enough to determine that the car sustained damage

[levemir]

have heard today that the 3rd party insurers will not pay out because the other car involved didnt have significant damage that is consistant with the damage on mine

 

prior to the crash my car was in perfect and solid condition, the parts of the boot floor have crumpled where they are supposed to crumple. and the tailgate has also bent in under its window, my car is a small MG ZR and his car was a big Vectra, the front of that car is going to be much more robust than the back of mine, cars are always stronger at the front than they are at the back

 

how can I proceed from this because I now have a damaged car that cannot be repaired due to the cost

[obiter dictum]

Why are the third party not beng dealt with by your own insurance company

 

They repair the damage to your vehicle and claim back off the third party

 

You have been put at a disadvantage through a lack in a duty of care and negligence by the other driver

 

Give your insurance company a ring who you have the policy with and see what they say as to fixing the damage to your car

Edited October 29, 2015 by obiter dictum

[unclebulgaria67]

have heard today that the 3rd party insurers will not pay out because the other car involved didnt have significant damage that is consistant with the damage on mine

 

prior to the crash my car was in perfect and solid condition, the parts of the boot floor have crumpled where they are supposed to crumple. and the tailgate has also bent in under its window, my car is a small MG ZR and his car was a big Vectra, the front of that car is going to be much more robust than the back of mine, cars are always stronger at the front than they are at the back

 

how can I proceed from this because I now have a damaged car that cannot be repaired due to the cost

 

Well, if you have comprehensive cover, you will need to claim off your own policy for the market value and it will be up to your insurers to recover their own costs from the third parties insurers.

 

Speak to your insurance company about the situation. Do you have any legal cover to pursue uninsured costs such as the policy excess and hire car ? If not, unless there is a personal injury involved, the no win no fee Solicitors may not be interested and you may need to make your own legal claim against the third party driver.

 

The other question is what role the accident management company are playing ?

 

If you still have a hire car, you should give it back, as at the moment the third party insurers have refused your claim.

 

I am not sure how the third party insurers can refuse the claim. It is obvious it happened, but that they are querying the damage amount. Why don't they carry out their own inspection of your car ?

[levemir]

the third party insurers have never even seen my car or even sent anyone to inspect it

 

the hire car is going to be returned

 

I am using an accident management company as I am a named driver on the policy which the main driver is my missus, and therefore I am TP only

[obiter dictum]

But even so

 

He hit you from behind while you were stationary

 

Game set and match

 

The onus will always be on that person to allow adequate braking distance

 

Seems to me this claims management company are only interested in their best interests, not yours

 

A formal complaint is in order against this claims management company on their total inertia and lack in a duty of care towards yourself

[unclebulgaria67]

Your missus should be making the claim, as the policyholder.

You being a named driver is not relevant to whether an accident management company are involved.

 

Agree accident management company are being useless.

They will invoice you for the hire car, before they help you with the claim.

 

Speak to the accident management company and register that you are unhappy with the situation.

There is no reason why the third parties insurers cannot be invited to inspect the car, if it is available for inspection.

This could quite easily be resolved, if the damage is as bad as the first report.

[Old Cogger]

Carpenters the management company ?- if so god help you! they are not useless just bloody hopeless

[unclebulgaria67]

They mentioned Easidrive ?

 

The problem with some management companies that provide expensive hire cars expecting a third parties insurers to pay, is that they get their backs up.

They then find reasons to refuse the claim and it drags on and on.

It could end up in court arguing about the claim amounts.

 

The policyholder (ops missus) should have contacted the third parties insurers after the accident, given fault was pretty obvious.

They might have agreed the claim, provided a hire car for a short period, arranged inspection and settled the claim by now.

[Conniff]

Have moved your thread into the Insurance section levimir - http://www.consumeractiongroup.co.uk/forum/showthread.php?454009-car-crashed-into-the-back-of-me