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Non Fault Claim


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Sorry could be a long one this,

Back at the beginning  of June my car was hit from behind while taking my wife into work ( at the hospital)

At the time we where stopped as the car in front had braked suddenly we stopped in time but the car behind ran into us. I got out of my car to exchange details with the third party who admitted liability and I took pictures of the scene and both cars ours had extensive rear damage as it was hit by a big 4x4 at 30mph.

 

I thought it would be written off as the back was right in and quarter panels kinked.

This happened a minute away from the hospital my wife works in so we carried on after exchanging details and her supervisor came out and seen how bad things where and told us to go to a&e and go home.

e could only have a telephone assessment due to covid we did eventually get seen by a Dr in A&E 2 days later. 

 

My insurance company instructed solicitors to deal with my personnel injury claim as I have motor legal protection on my policy. My claim so far has been straight forward as in third party has admitted liability. But the third party have not admitted liability for my wife's claim yet  my solicitors say the third party have until the 9th September to reply  then if they don't my solicitors will see if there is enough evidence to take them to court. 

 

I have front and rear  dash cam footage with audio of the incident which you can clearly hear my wife talking and scream as we are hit.

Would this be enough evidence  as the other driver did not check my car for passengers and she was in too much shock to move

I did tell him I was taking her to work at the hospital.

 

So then my car was repaired by my insurance company on getting my car back a month after the accident my car was a mess so I refused it and the body shop agreed to rectify the problems.

They had it for another month and when I got it back second time it still had faults so went back a few days later to be sorted. They did there best to sort the issues out but really I am still not happy with the repair and it is waiting for some parts they damaged when doing the repair.

 

While this was going on my insurance company gave me a courtesy car supplied by well known hire company who was also the claims management company in charge of my repair.

When my car was first finished they took the courtesy car back and left me to walk home without a car.

I then had to fight on the phone with the claims management company who said it is the body shops fault now they need to get me a courtesy car.

My insurance told me it was nothing to do with them now if I wanted to make a fresh claim I would loose my no claims bonus and have to pay my excess.

Eventually the body shop supplied a car 3 days later after I contacted the ceo.

 

So Today I hear from the claims management  company they are having trouble claiming the money back from the third party for the original courtesy car.

Because I apparently accepted a cheaper car from the third party insurers which I did not.

 

The day after my cart was hit I was sent a car by my insurance(claims management company/hire company) and my car was took away a day later.

Then the next day 2 days after already having a car from my insurance I get a letter. From the third party's insurance offering me a car and to repair mine.

 

I have never had an accident in 30+yrs of driving so did not know what to do so I took a picture of the letter and emailed it to my insurer to ask for advice.

 

They told me I did not need to respond to it so I ignored the letter.

Now the claims management want to know if I did agree to a cheaper car from the third party and if I did not then why did I not accept there car.

 

Its making us look like we are in the wrong in all this and causing even more stress in an already stressful situation.

 

Thanks for any advice Mike 

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17 minutes ago, mikejack said:

Sorry could be a long one this, Back at the beginning  of June my car was hit from behind while taking my wife into work ( at the hospital) At the time we where stopped as the car in front had braked suddenly we stopped in time but the car behind ran into us. I got out of my car to exchange details with the third party who admitted liability and I took pictures of the scene and both cars ours had extensive rear damage as it was hit by a big 4x4 at 30mph. I thought it would be written off as the back was right in and quarter panels kinked. This happened a minute away from the hospital my wife works in so we carried on after exchanging details and her supervisor came out and seen how bad things where and told us to go to a&e and go home. We could only have a telephone assessment due to covid we did eventually get seen by a Dr in A&E 2 days later.  My insurance company instructed solicitors to deal with my personnel injury claim as I have motor legal protection on my policy. My claim so far has been straight forward as in third party has admitted liability. But the third party have not admitted liability for my wife's claim yet  my solicitors say the third party have until the 9th September to reply  then if they don't my solicitors will see if there is enough evidence to take them to court. I have front and rear  dash cam footage with audio of the incident which you can clearly hear my wife talking and scream as we are hit. Would this be enough evidence  as the other driver did not check my car for passengers and she was in too much shock to move I did tell him I was taking her to work at the hospital.

 

So then my car was repaired by my insurance company on getting my car back a month after the accident my car was a mess so I refused it and the body shop agreed to rectify the problems. They had it for another month and when I got it back second time it still had faults so went back a few days later to be sorted. They did there best to sort the issues out but really I am still not happy with the repair and it is waiting for some parts they damaged when doing the repair. While this was going on my insurance company gave me a courtesy car supplied by well known hire company who was also the claims management company in charge of my repair. When my car was first finished they took the courtesy car back and left me to walk home without a car. I then had to fight on the phone with the claims management company who said it is the body shops fault now they need to get me a courtesy car. My insurance told me it was nothing to do with them now if I wanted to make a fresh claim I would loose my no claims bonus and have to pay my excess. Eventually the body shop supplied a car 3 days later after I contacted the ceo.

 

So Today I hear from the claims management  company they are having trouble claiming the money back from the third party for the original courtesy car. Because I apparently accepted a cheaper car from the third party insurers which I did not. The day after my cart was hit I was sent a car by my insurance(claims management company/hire company) and my car was took away a day later. Then the next day 2 days after already having a car from my insurance I get a letter. From the third party's insurance offering me a car and to repair mine. I have never had an accident in 30+yrs of driving so did not know what to do so I took a picture of the letter and emailed it to my insurer to ask for advice. They told me I did not need to respond to it so I ignored the letter. Now the claims management want to know if I did agree to a cheaper car from the third party and if I did not then why did I not accept there car. Its making us look like we are in the wrong in all this and causing even more stress in an already stressful situation.

 

Thanks for any advice Mike 

 

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You had already entered into an agreement for a hire car, before the third party made an offer to provide a hire car themselves.

 

The third party Insurers could use the offer of a hire car to dispute the claims management hire car charges from the date the third party Insurers offered their hire car.  

 

This is why you are being asked for details.

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Just had an email back from enterprise the third party have offered very little for the car.

 

enterprise want to take them to court in my name.

After reading a few posts on here that seems normal.

I have agreed they say it will cost me nothing even if they loose.

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  • 3 months later...

it looks like enterprise lied to me when they told me their solicitors would deal with it and it would not affect me even if they lost and I would not incur any costs.

 

My solicitors are dealing with it and I am having to prove I needed a courtesy car and have had to send 3 months worth of bank statements from every account to my solicitors. and are trying to sort it out because apparently having a courtesy car option on hastings insurance and being hit from behind while stationary means nothing with third party admitting liability.

 

If you can borrow money or a car off friends or family or have some money for your pension.

My solicitors have said if I loose I will be liable for the courtesy car costs. 

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