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  • FIRST POST
    • rustywallis
    • By rustywallis 7th Jul 17, 3:42 PM
    • 2Posts
    • 0Thanks
    rustywallis
    Car Insurance - None fault claim - losing out
    • #1
    • 7th Jul 17, 3:42 PM
    Car Insurance - None fault claim - losing out 7th Jul 17 at 3:42 PM
    Hi there. I've read through the forum and although i've found information about car insurance none fault claims. Im aware every claim is different. Just wondering if there's anyone else out there, who can offer me help and advice, if youve been in a situation like mine? Appologies for the length of my post too.

    6 years ago, i bought and paid for in full, a ford fusion. Only 1 year old ( i dont believe in taking out finance) Happily tooting around in my car, believing it would last me for at least another 7 to 10 years. (my previous car lasted 17 !)

    4 Weeks ago, while my car was parked outside my friends house, we heard a large bang. After running up the path to the road. There in all horror, was my little vehicle all smashed up along the passenger side. No culprit in sight, but for a ford wheel trim, as evidence of the third party vehicle.

    My friends partner, rushed to get his shoes on , grabbed his car keys and shot off down the road, to find a "ford something or other" who may have pulled over, to check their damaged vehicle
    .
    We then set about , trying to call the police, but due to shock, tears and such, we couldn't find the none emergency number .

    20 mins later there was a knock at the door. The culprit , a ford van driver, had returned. In his words.... "he was having a bad day, was late for a job, a pigeon flew out .... and he smashed into my car."
    So, if he could leave his details with me, he needed to nip back the the little tesco's down the road, as he thought he'd left his phone there. Then he would be back to pick up my details.
    And that's what happened.
    Clearly all a lie. He was late for a job, wanted to phone whoever. Started looking for his phone, took his eyes off the road, smashed into my car, left the scene to get his story straight, could only come up with a fictitious pigeon, and then came back.

    An hour later, I managed to drive my car home slowly, and called my insurance company to let them know. They were going to arrange a curtosey car for me and start the insurance snizzle they have to do.

    curtosy car did indeed turn up and im mobile again. My fusion was picked up and went to the garage for its assesment. outcome. it will cost £3.908 to fix

    So it now transpires, my car has been written off. The salvage company will only give me £3.500. Which im aware, they can only give you what they think the car is worth (this is my second price, i refused the first offer thanks to this sites advice - bonus !!!! )

    My insurance company AXA are only interested in a settlement to close the case. not at all interested in my loss or chasing anything from the third party insurance. Or in fact doing anything at all

    This doesn't give me the money i need to buy a new car. Now as much as i'll begrudgingly have to accept this. my questions are :-

    1) I didnt do anything wrong, so why should i now have to, take out finance for a new car, when i would still be tooting around in my ford fusion, if this idiot hadnt smashed into it.

    2) should i take this up with the small claims court, or solicitor , for the difference between the £3500 and what it will cost me. to buy a similar car for 1 years old. (bearing in mind that i wasnt expecting this and dont have enough savings to buy another car outright)

    3) Should i be doing something else , or looking at alternatives, to re-coupe my losses.

    i really do feel like i've just been left high and dry, with no help from my insurance company what so ever. (they wont answer these questions) Its as though i have to pay out for someone else's carelessness

    In the mean time, ive now got Enterprise ( the car rental company) chasing/harassing me, as to how long i need the curtosey car for and the salvage company , wanting an answer on their offer of £3.500

    All helpful advice from anyone who's been in THIS situation, would really be appreciated, Its so upsetting and i really don't know what to do for the best

    Many thanks Rusty
Page 1
    • Quentin
    • By Quentin 7th Jul 17, 4:21 PM
    • 32,726 Posts
    • 16,745 Thanks
    Quentin
    • #2
    • 7th Jul 17, 4:21 PM
    • #2
    • 7th Jul 17, 4:21 PM
    Do you have the van's details?


    Your settlement should be based on the pre incident market value, less your excess.


    Don't accept less as you won't be able to pursue anyone for more! (Though you will be able to get your excess back off the third party insurer I- f you have their details)
    • wongataa
    • By wongataa 7th Jul 17, 4:26 PM
    • 1,038 Posts
    • 561 Thanks
    wongataa
    • #3
    • 7th Jul 17, 4:26 PM
    • #3
    • 7th Jul 17, 4:26 PM
    1) I didnt do anything wrong, so why should i now have to, take out finance for a new car, when i would still be tooting around in my ford fusion, if this idiot hadnt smashed into it.
    Originally posted by rustywallis
    There is nothing making you buy a new car on finance.
    2) should i take this up with the small claims court, or solicitor , for the difference between the £3500 and what it will cost me. to buy a similar car for 1 years old. (bearing in mind that i wasnt expecting this and dont have enough savings to buy another car outright)
    Originally posted by rustywallis
    You are only entitled to be put back into your position at the time of the incident. If the cost of repair is low enough in relation to it's value at the time of the incident you get your car fixed. If it is written off you are only entitled to as much money as your car was worth at the time of the incident. You won't get very far trying to claim for more money.

    You will just have to source another car that you can afford with what you have after the insurance payout.
    • rustywallis
    • By rustywallis 7th Jul 17, 4:38 PM
    • 2 Posts
    • 0 Thanks
    rustywallis
    • #4
    • 7th Jul 17, 4:38 PM
    • #4
    • 7th Jul 17, 4:38 PM
    Quentin hi and thank you, for you kind response

    I realise this thanks. I have mentioned i got the vans details and have stated the price of the pre incident market value, which is what the salvage company is offering

    But this doesn't really answer any of my questions.
    • Quentin
    • By Quentin 7th Jul 17, 4:53 PM
    • 32,726 Posts
    • 16,745 Thanks
    Quentin
    • #5
    • 7th Jul 17, 4:53 PM
    • #5
    • 7th Jul 17, 4:53 PM
    Quentin hi and thank you, for you kind response

    I realise this thanks. I have mentioned i got the vans details and have stated the price of the pre incident market value, which is what the salvage company is offering

    But this doesn't really answer any of my questions.
    Originally posted by rustywallis
    The only mention in your OP was the driver calling and lying to you??


    If you have been offered the full market value then that's all you can hope for!


    You say your insurer isn't taking this up with the third party insurer - does this mean they take the view the driver was blameless?


    If so then you won't get your excess back.


    To answer your questions:
    1) That's how it works - you get reimbursed the pre incident value of your car. Which is enough to buy a replacement of a similar car

    2)Waste of money


    3)Find out why your insurer won't pursue the third party to reimburse them and take it from their reply
    • Mungo76
    • By Mungo76 7th Jul 17, 4:57 PM
    • 60 Posts
    • 23 Thanks
    Mungo76
    • #6
    • 7th Jul 17, 4:57 PM
    • #6
    • 7th Jul 17, 4:57 PM
    1, Sh.. happens, that's why you buy comp insurance.

    2, no

    3, as already advised, speak to your insurer, but from the sounds of your wants, you need to be a bit more realistic in understanding what they are there to do, which is give you the amount that the car was worth immediately prior to the accident.

    You may have legal cover, which will claim back your excess and any other reasonable losses.
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