Car Insurance - misleading Survey Report

[sspj9]

I was riding a bicycle and for some reason I didn't manage to stop in time when the car in front of me stopped due to traffic. I ended up hitting the rear left side bumper of the car. The bumper came off slightly from the left side as the clips holding it broke.

The police report, agreeing also from the car's driver clearly says this. 

The insurance company of the car called me stating them that I own them £120 for paint damage. They emailed me the report survey and on this there are photos from the right-side of the bumper too which was damaged form a previous collision which wasn't my fault. It is on this side that requires a paint job and panel-beating. The bumper also came off from the right-side but also the insurance guy stated that he knows I have nothing to do with the left side.

Is it worth taking legal action?

[BankFodder]

It is certainly worth challenging this. I understand that you have evidence which shows clearly the part of the damage that you are responsible for.

If there was existing damage on the bumper then you are certainly not liable for that. You are only responsible for returning to the bumper to the condition it was in immediately before you collided with it.

You certainly won't be able to take legal action on this. However, if they decide to take legal action against you then you should defend on this point. – This assumes that you have the evidence.

It certainly seems a bit absurd anyway that a bicycle could cause damage to both sides of the bumper the same time. However, if you got the police report was supports your case then that should be all you need.

If they start to make trouble then let us know here and we will help you.

In the meantime you may like to send a letter telling them that you are not responsible for the damage for which they are claiming and that you consider any attempt for them to say that you are responsible for the extra damage would be fraudulent and if they want to see you in a court you will present your evidence to the judge.

Only write this letter if you have any evidence to say you do. You have referred to the police report. Do you have a copy of this?

 

[sspj9]

Thank you for your message

 

I didn't happen to take a photo at the time, however his insurance company did send me the survey report with their photos. The evidence is present in them: The left side of the bumper came off a bit while the right side is severely damaged. I recall seeing this damage before i hit the bumper. I also couldn't possibly make this much damage without injuring myself or damaging my bicycle.

 

This accident happened two years ago and the insurance company informed me that it is taking so long to end the case since the insurance company's report doesn't match with the one filed by the police.

 

I don't have a copy of the police report, I should go and claim one. However the insurance company of the driver stated correctly that I bumped into the left side of the bumper, while the damage on the right side was due to another collision. He verified this so it is beyond my concern how I have to pay for the bumper spray.

 

 

[BankFodder]

Well it's obviously a try on.

If I were you I would set about getting all the paperwork I could in order to protect myself.

Write a letter to the insurers and be quite terse.

Tell them that you have no intention of paying their bill because it is clear from all the evidence that you had a gentle collision with the left-hand side of the bumper and that you are not responsible in any way for any other damage to the vehicle. Tell them that if they can identify precisely any damage that you might have caused that you will be happy to pay for that. However you will not be prepared to pay for any pre-existing damage and that they fully realise that there is a standard principle of law.

Tell them that their only recourse now is to begin a court action against you that if they do that you will provide all the evidence to the judge and you have no doubt that either they or their insured client will be seen as attempting to perpetrate a fraud upon you in order to try and make you pay for damage for which you are not responsible.

Yours faithfully.

After you send that – I wouldn't bother any more.

[sspj9]

Thank you very much, I appreciate your replies.

 

I have another concern. What if I send them that letter I get a reply stating that my damages caused aren't repairable and that would require a bumper replacement? That would end up being undeniable. Is it possible that they say that?

[BankFodder]

Wait until it happens and come here

[sspj9]

Apparently this will be going nowhere as they just replied me with an email stating more clearly my reason for charges. (note they didn't clarify at first) I quote:

 

"I have sent you the photos of the whole vehicle. The bumper had to be replaced by the damage which you caused. If you have a look at the below photos, you can notice that the bumper clip holders are damaged, and such damage results in the bumper needing to be replaced (you may wish to reconfirm this with a panel beater yourself):

 

(photos are from the damaged I caused)

 

Since after your accident, the same vehicle had another collision the rear right, strictly speaking the damage is split 50/50 between you & the 2^ndaccident. However, in order to settle this out of court, we offered you to settle the amount of €120 in full and final and we close this case.

 

May I wish to remind you that if the bumper was replaced under your collision, obviously the new bumper would have needed to be sprayed, and you would have been charged the cost of:  Removing and refitting new bumper, spray of new bumper, cost of the new bumper + car hire whilst the car is being repaired.

 

If you fail to settle the amount of €120 by Friday 19^th April, we will have no other option but to proceed with legal action for the cost of 50% repairs."

 

[BankFodder]

Well you could offer them €100 and tell them to sue you for the balance. I can scarcely imagine that there are going to bring an action for €20. On the other hand, if they did then I suppose there is a chance you would lose in which case you might have to pay their coffee as well.

Maybe you are better off chalking it up to experience – which is not the kind of advice which I often give on this forum.

What do you feel like doing?

[king12345]

Just wanted to say that you are one of a kind for stopping and exchanging details when riding a bike.

Most cyclists would have gone with the wind.

We need more cyclists like you.

Nice one!

[BankFodder]

1 minute ago, king12345 said:

Just wanted to say that you are one of a kind for stopping and exchanging details when riding a bike.

Most cyclists would have gone with the wind.

We need more cyclists like you.

Nice one!

Is that what happened? I didn't notice.

I think it would be more justifiable if he had been consulting the forum while riding the bike  

[sspj9]

I guess it's not worth risking going into hassle for €20.

 

[Gick]

Having read the thread, I personally would reply to the insurance company pointing out that the major collision occurred BEFORE your minor touch, not afterwards and that either the clip holders were damaged in that collision, or were sufficiently weakened that your subsequent touch, which ordinarily would have had no deleterious effect resulted in that prior damage becoming evident.

 

As such you do not feel responsible and would be pleased to defend any court action that they take.

 

Edited April 9, 2019 by Gick