Non fault accident resulting in poor repair

[Oldhand03]

Hi everyone

I need some independent advice as I'm too close to this and seem to be going round in circles.

 

This is the condensed version...

 

Hit by 3rd party 11 months ago.

He immediately admitted fault.

 

 

It being my first accident (I was in shock and pain) I let insurance talk me into use their approved repairers as the work came with a 5 year warranty and was supposed to be completed within 7 days.

 

Car rejected on first return 3 weeks after being taken away as it was obvious it had new faults that weren't there before the accident.

Additionally, it was filthy, covered in some sort of oily substance, there was a strong smell of petrol and it was taking on water.

Car returned the following day and rejected again as faults not fixed.

 

 

Insurance then phones and tells me that I have to accept car as they are liable for the extended car hire and assure me that they will fix faults

(I sent photos of my car before and after the accident) as they agreed that prior to their repair; my car was very well kept.

I accept car on third return, pay the excess and write the words 'paying under protest' on receipt.

 

Since then, insurance have all but ignored me.

I asked for a copy of the 5 year warranty several times and am finally told that my policy schedule is the warranty.

Each attempt to claim is dealt with by their customer relations team.

Eventually they send one of their engineers who decided all the car needed was a vacuum and all the faults I complained about was wear and tear.

 

 

Took my complaint to FOS expecting that I would be treated fairly;

unfortunately, they never asked for any further information and decided all that was needed was a door alignment.

Insurance took almost 2 months to pay for that.

 

Fast forward two weeks later and my drivers door handle snaps. The door they'd originally fixed.

 

 

I phone to complain, telling them I'll be taking it to the main dealer for the repair; but they insist on first right of repair.

This never happens and once again, they claim 'wear and tear'.

Again, I pay for the parts to get this fixed.

Dealer says it's never happened and they've had to order in the part from the factory as there are none in the UK.

 

I again phone to complain about the poor repairs originally carried out on my car

(it has an oily substance on the carpet which never dries out)

and they send another engineer who tells me that the car should have been scrapped (given the amount spent repairing it)

 

 

the information I receive from the insurance is that he said the fuel flap is all that needs aligning that the rubber strip for the rear window can be pulled out for £70.

I'm also told that my car has no smell of petrol.

 

 

When I ask who will do it for that price, I'm told to find someone myself.

I also enquire about the oil on the carpet and am told to get it investigated.

 

I find an independent mechanic who confirms that my fuel filler pipe is leaking and states that the rubber strip will have to be replaced as it cannot be pulled out.

He also confirms that the fuel filler flap cannot be adjusted as it is fixed to the car and advises that the rear quarter panel has been incorrectly welded to the body of the car during the repair by the insurance approved repairer.

 

 

The oily substance on my carpet is acidic but he'd have to investigate it further as it is also under the rear passenger seats. Investigation work £75; replacement of fuel pipe £50

 

I report this back to insurance who decide they're only going to pay for the replacement fuel pipe and nothing else.

Once again, they 'close' my 'complaint'.

 

I have asked how to make a claim on their warranty as my claims handler told me to take them (insurance) to court.

Apparently my complaint is a claim on the warranty.

 

 

To date, I've spent over £1k on the car to make it roadworthy and their response each time I request reimbursement is that it's 'wear and tear' or they 'never touched it'.

 

What is my next step please?

Do I take this back to the FOS, claim on my credit card or take it to court?

 

I appreciate any and all advice, directions on what to do next.

[unclebulgaria67]

Well you would have to take your Insurance company to court for the amount you can calculate as a loss you have suffered. It is basically non performance of the contract to fully indemnify you for any accident damage the vehicle insured suffered i.e to put you back in the same position as you were before the accident.

 

What you need to do now is send the Insurers head office ( marked for attention of Head of claims) a letter before claim stating that you will be issuing a county court claim against them for the sum of £xxxxx, if they do not settle the matter within 21 days. In the letter you should provide full details of what the Insurers have failed to do and how you have calculated the loss value. Provide copies of any paperwork that show the failings of their approved garage and what you have spent to rectify faults.

 

It is important you send the letter by recorded delivery and to keep a copy. Then see how they respond. If they don't resspond within 21 days, then issue the court claim online using MCOL.

[Oldhand03]

Thank you for your advice unclebulgaria67, it is much appreciated. So I don't need to do a section 75 at all; just straight to court after 21 days?

[unclebulgaria67]

Thank you for your advice unclebulgaria67, it is much appreciated. So I don't need to do a section 75 at all; just straight to court after 21 days?

 

Where does a section 75 come into this ? Does not seem relevant or wise.

 

If you have a provable claim, then if they don't settle with 21 days issue the court claim.

[dx100uk]

paid by credit card? by the looks of things?

 

 

it would make them equally liable? not sure?

[Oldhand03]

Yes I paid the excess by credit card dx100uk. I did wonder if that makes them equally liable? However, if unclebulgaria thinks a letter before action is the best way forward, I'm happy to go with this. If it's okay, I'll post up my letter on here for approval or revisions before I send it off?

[unclebulgaria67]

The Insurers are the responsible party for any repairs they authorised and paid for under your policy terms. So if there is a problem with repairs, it is the Insurers you look to under your policy to fully indemnify you to put you in the same position as before the accident.

 

The excess is just your contribution under the policy terms. You could include the approved garage in your claim, but given the Insurance contract the Insurers are ultimately responsible and if you win, can no doubt look to claim back later from the garage for any botched repairs.