Any Help Accident Not My Fault

[banksarggg]

Hi all

 

Anyone with advice I'd be very grateful

 

Last Friday (week ago) a woman just carried on driving at a roundabout and hit my car passengers side and it spun my car facing the other way ,

 

She admitted straight away to the police that she was at fault and fair play her insurance contacted me the following day and arranged me a courtesy car and my car to be fixed ,

I left my car at the car hire place where I had to pick up the courtesy car ,

 

I rang the car assessment man who was checking the damage

and he told me he was sorry but his report was that my car is to be written off

and that the insurance company tesco would receive it in 2 days time

(that's the woman,s insurance company is) ,

 

I'm worried because I had my car on finance with credit4cars I've paid off £2450 and still hAve £2739 left to pay

My cars value is only £1500 as i purchased it December 2014 and it's an 07 plate with over 100,000 miles on it ,

 

Will the offer they make me go straight to my insurance

because when I rang up the car finance people avelo

they said to make sure I tell the car insurance people that it's £2739

and to make payment to them ,

 

I'll be left with no car and I'll most probably have to pay the amount left to pay to the car finance as the insurance will not value my car at anything near £2739 ,

 

It was my birthday on the Sunday

2 days after my crash I had to cancel all plans because of the pain I'm still in

I've got severe pain in my arm and shoulder (I was wearing my seatbelt under my arm)

 

Tesco asked if I wanTed to claim personal injury with them

but swinton (my insurance)

put me through to carpenters solicitors to sort out compensation for personal injury

 

after reading posts on here

I'm not going to continue with carpenters

I've only spoken on the phone to them

they sent me letter to sign but I haven't yet (thank god) ,

 

My question is :

 

I've heard that the insurance pay off your finance and also pay you what your car is worth ? Is this true ?

Or will I be left with nothing ?

Do they pay the money to the finance company ?

Should I claim compensation through her insurance tesco or do I find another company ?

 

Also I have 7 years no claims bonus

but people have said my insurance will still go up in premium

even though I haven't claimed from my insurance and it weren't my fault is this true ?

 

Sorry for all the questions

it's just that I haven't had an accident for the last 20 years

so I have no clue what's so ever what happens

 

Thanks in advance

[unclebulgaria67]

Insurance will pay current market value, nothing to do with finance. You can check current market value in guides such as glass.co.uk and Parkers. Also look in car sales ads like Auto Trader to see what they sell for.

 

Her Insurers Tesco will make you an offer for the car and you don't have to accept their first offer. You can negotiate the current market value with them, after doing some research. Remember that it might be better to claim off the third parties Insurance, because if you claimed off your own Swinton policy, they would deduct the excess and possibly any remaining premium for the year had you been paying monthly. You would then be waiting for Tesco to refund your excess after seeking it from them.

 

Tesco might not pay your finance company directly and might send you a cheque. It depends on whether they note the finance or are told of the finance. If say Tesco reached agreement with you that they would pay £1739, this amount would have to be passed on to the finance company. You have already told them the car is a write off, so they are expecting some money. Once you pay them £1739, you are left with £1000 to pay the finance company over a relevant period. You were always going to have to repay the finance which includes interest and the accident has not changed that. It is just that the accident has taken away access to a car. If you need a car for a period because the accident has deprived you, then Tesco should provide a hire car for a period.

 

The reason Swintons referred you to Carpenters for a personal injury claim is that they would earn a commission. You don't want to go through Tesco, as they will look to settle for as little as possible and if you were unhappy it would be difficult to take forward with a Solicitor. If you look locally, there will be many Solicitors who advertise that they deal with personal injury claims on a no win no fee basis. With all such Personal Injury claims on a no win no fee basis, they are allowed to take up to 25% of the compensation amount awarded as their fee. It is a case of which Solicitors you trust to act for you.

 

If you don't claim on your own policy, the no claims in not affected. However, the accident will be noted and will affect the premiums slightly for a few years. Insurers go by stats suggesting having one accident makes you more likely to have other accidents, so they think the risk increases.

 

The other possibility is whether you can get the car repaired to avoid a write off. Depends on the damage, but quite often it is possible to get a car repaired at a lower cost than the write off. The write off assessment is based on cost of new replacement parts and labour rates charged for work required. If you knew a local garage or mechanic who could source parts from scap, it might be possible to get a cheaper repair done.

[king12345]

The other possibility is whether you can get the car repaired to avoid a write off. Depends on the damage, but quite often it is possible to get a car repaired at a lower cost than the write off. The write off assessment is based on cost of new replacement parts and labour rates charged for work required. If you knew a local garage or mechanic who could source parts from scap, it might be possible to get a cheaper repair done.

 

+1

For example on a vw golf 2009 two doors to replace would mean a write off.

Sourced from scrapyard, repainted and fitted for £800.

Look closely at this option

[colin11]

You should check with credit4cars if your credit agreement with them includes gap insurance

 

I had a car written off a while ago, The insurance paid the finance company direct and there was a £600 short fall, The finance company sent me a form to sign and it was paid off, I didn't even know i had gap insurance

 

If you have, You may not get any money back, But at least you can start afresh and not owe anything

[Hammy1962]

Always by GAP. Most folks see it as an unnecessary rip off, but not when you need it.

 

Don't expect much compo from the PI parasites after admitting you wore the seat belt incorrectly, this could have contributed to your injuries.

 

Millions of pounds were spent on developing seat belts for cars, only for you to wear it under your arm. In a proper accident. a belt in this position snaps your ribs like they were breadsticks and they puncture your right lung, a little bit more of a problem than a achy shoulder.

 

H

[banksarggg]

I haven't said about how I might have been wearing my seatbelt under my arm because I still don't know if I was

 

At the accident I was a mess freaking out (my partner died in an accident so my mind went on a rolledcoaster )

 

I dont always drive with the seatbelt under my arm it's just somthing I could have done because at the time I'd had a rash on my upper body and the seatbelt was irritating it ,

 

Somthing isn't right as it's been 8 days and my arm , shoulder and leg still no change , the other person who was in the vehicle is doing okay now ,

When I went to hospital they told me as my car had spun around it was likely that I could have taken the brunt of it ,

 

All I want is to be like I was before all this happened , I haven't been involved in an accident in 20 years so it never occurred to me "yes someone else can cause it" ,

Cos I've always been a careful driver ,

I've just moved to the middle of the countryside and now I'm facing being stuck with no car at all because I'll never be able to afford one hence why I got finance in the first place ,

 

All this is making me really low , my niece has come to stay with me and I promised her fun things to do and I can't do nothing ,

 

Thank you everyone for your info appreciated

[Hammy1962]

"I've got severe pain in my arm and shoulder (I was wearing my seatbelt under my arm)"

 

H

[banksarggg]

The car assessor rang me today and first asked me "have you given any perception to the value of your car"

 

I said to him that I was waiting to see what he said first and he replied

 

"Well if you keep the car and repair it yourself

the reason why it wouldnt be economic to repair it ourselves as we have to go down a specific route where as you could fix it quite easily"

 

So if you keep the car and also £2,250 does that sound okay to you"

 

I must have made him repeat what he said just incase I misheard ,

 

He said "by you keeping the car you could fix it for a small sum as it only needs a wing" ,

 

I didn't think to ask him if it would be put into a cat c or D,

 

Will it still be written off and put into a category C or D, ? ,

 

I'm paranoid because surely they would have been able to repair it under £2250 ?

 

And I also find it weird how he said to keep the car ?

 

I thought maybe they found out it was still on finance and couldnt be bothered with it ?

 

 

Because if I have missed anything out I'll ring him first thing in the morning

 

I still owe £2738 on finance even though I paid already £2450 apparently

what I've paid already has only just paid off the interest

they also want £250 once I finish payments

 

 

it's a paper to say I want to own the car ,

the paper should be in 24 carot gold

[unclebulgaria67]

The Insurance company or their assessor may not register the car as a write off with DVLA, if the damage is only minor.

 

If you are happy keeping the car and getting it repaired with the amount offered, then it is a no brainer. Just get it clarified what they think is damaged and that the car has not been notified to DVLA as a write off which would require anything done.

 

If you can get the car repaired fully for less than the Insurance offer, then you will gain. You just continue the finance, updating the finance company that you had it repaired so need to scrap.

[banksarggg]

Thank You Uncle Bulgaria I truly do appreciate you taking the time to reply

Thank you

[Keyzer Soze]

Is there nothing that can be done to recover the difference between the valuation and the remaining finance?

It seems unfair that someone should be left out of pocket by an accident that is not their fault

because they don't have insurance on their insurance (GAP).

 

Similar sort of thing happened to me yesterday,

hit by a van when I was stationary at some lights,

 

driver admitted that his boot got caught on the accelerator in front of witnesses.

 

Police not called,

as no-one was injured

 

I managed to coax the car to a safe place.

 

Car looks like being a write-off and I know the valuation will fall short of the finance owed

as I just asked for a quote and was told I was in negative equity (2years into a 3 year PCP).

No GAP insurance (I know, I know).

Sorry to hijack the thread, but can anyone advise further?

[unclebulgaria67]

Legally you cannot claim off a third party anything to do with your personal finance arrangement, which you would have to pay anyway. If you think about it, why should a third party be responsible for paying interest on your finance arrangements beyond the write off value of your car.

 

On the otherhand, if you were subject to early repayment fees or something which only came about because a third party crashed into you, then you might have a case. Your claim against the third party is anything which is direcly related to the accident and can be calculated as a loss you would not have suffered, if the accident had not happened. If you take out finance, that is your commitment to pay it back per the finance terms. A third party cannot be responsible for your finance.

[Keyzer Soze]

Thanks for your reply.

The main issue is I'll have over £1000 worth of debt and no car.

 

Had it not been for the accident,

I would have still had the debt,

but I also would have had the car.

 

Now I'm going to be out of pocket to buy a new car which I have to have for work.

 

I don't know who the law is working for in this case,

but it's certainly not the innocent party. ��

[Hammy1962]

That is why a clever person invented GAP, it's usually only £100 or so, and when you need it, it can save you thousands.

 

It's worth pointing out a lot of folks on here think its a rip off. However, they've never needed it.

 

H

[Keyzer Soze]

GAP is a rip off,

but it is a necessary evil.

 

You're insuring yourself against the fact that your insurance company won't give you enough money for your car.

 

I don't have it, lesson learned.

 

I would take this on the chin if the accident had in any way been my fault,

but I was stationary at a red light,

so I think that gives me the right to be disgruntled.

[unclebulgaria67]

Thanks for your reply. The main issue is I'll have over £1000 worth of debt and no car. Had it not been for the accident, I would have still had the debt, but I also would have had the car. Now I'm going to be out of pocket to buy a new car which I have to have for work. I don't know who the law is working for in this case, but it's certainly not the innocent party.

 

If a third party is 100% at fault, then if you need a hire car, before you can buy a replacement car, the third parties should pay reasonable costs of hire car. Sometimes if you approach a third parties insurers they will arrange this, so they don't get involved in dealing with an expensive claim for a hire car later. The third parties Insurers might also want to settle your claim for your car write off ASAP, to limit other claim elements such as car hire.

 

You just need to make sure the write off settlement does reflect the cost of buying a similar replacement car from a garage. Get the evidence together and see what amount you can obtain. You might get to a situation where you don't suffer any loss or even make a gain.

[Hammy1962]

I fail to see how something that costs £100, on a £20k car,

and will pay of the difference after a total loss,

can in any way be described as a rip-off.

 

Oh well

 

H

[dx100uk]

ins industry should cough up the wanted value

 

the finance companies should not be allowed to charge interest on warranty/GAP

 

= RIP OFF

[Keyzer Soze]

Hi Uncle Bulgaria, thanks for the advice, I'll certainly try that approach.

 

Hammy,

sorry to appear snippy,

but we're going to have to agree to disagree on GAP insurance.

 

I will undoubtedly take it out in the future,

but it's a product that shouldn't be required.

 

I'm with dx100uk on this one.

[BazzaS]

Hi Uncle Bulgaria, thanks for the advice, I'll certainly try that approach.

 

Hammy, sorry to appear snippy, but we're going to have to agree to disagree on GAP insurance. I will undoubtedly take it out in the future, but it's a product that shouldn't be required. I'm with dx100uk on this one.

 

If it shouldn't be required because

"the finance company should just take the hit",

 

GAP insurance will just be moved from

"something the customer gets to choose on"

to

"something the finance company will insist on the customer taking

OR something they'll charge extra for anyway

(if the customer doesn't take it!)"

[Hammy1962]

DX100uk:

ins industry should cough up the wanted value

 

the finance companies should not be allowed to charge interest on warranty/GAP

 

= RIP OFFThe first point would be nice....................................

 

 

...............................

 

Your second point is in fact now illegal,

GAP should not (never) be included in the finance.

 

 

It has always been discouraged to build GAP into the finance but recent changes have now outlawed it.

Warranty, not mentioned in this thread yet, is a completely separate kettle of fish.

 

I think I know a thing or two about the Motor Trade and I would never buy, finance or lease a car without it.

For the relatively small, single payment outlay, it can, and does, sometimes pay out 10's of thousands of pounds.

 

There are two types :-

 

Back to Invoice GAP

Replacement Vehicle GAP

 

If anyone is remotely interested I can explain both.

 

The people who think it a rip off have never used it, or seen it used.

 

H

[BazzaS]

The first point would be nice....................................

 

Your second point is in fact now illegal, GAP should not (never) be included in the finance. It has always been discouraged to build GAP into the finance but recent changes have now outlawed it.

Warranty, not mentioned in this thread yet, is a completely separate kettle of fish.

 

I think I know a thing or two about the Motor Trade and I would never buy, finance or lease a car without it. For the relatively small, single payment outlay, it can, and does, sometimes pay out 10's of thousands of pounds.

 

There are two types :-

 

Back to Invoice GAP

Replacement Vehicle GAP

 

If anyone is remotely interested I can explain both.

 

The people who think it a rip off have never used it, or seen it used.

 

H

 

Back to my invoice ;

you get the value you paid on the invoice,

some from your insurers,

the rest from the GAP insurance.

 

 

Negotiated a good discount in your initial purchase?

You'll have to negotiate similar again to be able to buy the same,

as you'll not end up with more than is on the original invoice.

 

Replacement vehicle :

you get the value of a current vehicle of equivalent spec.

New model come out?

Costs 2k more for the equivalent to the model you bought?

 

It doesn't matter what price it said it on the invoice for the original car,

but the current cost of the equivalent model .....

 

Correct!

[dx100uk]

The first point would be nice....................................

 

Your second point is in fact now illegal,

GAP should not (never) be included in the finance.

 

It has always been discouraged to build GAP into the finance but recent changes have now outlawed it.

Warranty, not mentioned in this thread yet, is a completely separate kettle of fish.

 

I think I know a thing or two about the Motor Trade and I would never buy, finance or lease a car without it.

For the relatively small, single payment outlay, it can, and does, sometimes pay out 10's of thousands of pounds.

 

There are two types :-

 

Back to Invoice GAP

Replacement Vehicle GAP

 

If anyone is remotely interested I can explain both.

 

The people who think it a rip off have never used it, or seen it used.

 

H

 

 

yes its good that the industry eventually stopped the interest charges on GAP

if its include din the finance agreement.

 

 

the trouble is..

the likes of welcome finance/advantage/yes car etc etc made £1000's out of the interest charged

that's why it was stopped.

 

 

warranty, again if its normal or extended, shouldn't be allowed to have interest charged by being included in the finance agreement at point of sale.

though I don't totally subscribe to any warranty being needed as SOGA latterly CRA covers for the same period FOC.

 

 

they are both good in each of there own fields they are designed for

but when finance co's charge interest and the sellers get a back hander in commission for doing so it needs to be outlawed.

[BazzaS]

 

Correct!

 

Oops, that should be as a question, so:

"Correct??"

[unclebulgaria67]

GAP should be a product that is fully explained and understood by the buyer.

I have heard of many people who were glad they arranged it on a new or expensive car.

 

The points Bazza has made are valid and the buyer should be made aware.

 

Another point is that many Car Insurances will include a clause that offers to pay the new purchase price if written off within the first 12 months of new car registration.

 

 

But again this can be affected by the manufacturers no longer producing the same car model, so do read what the policy says.