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  • FIRST POST
    • JGal
    • By JGal 2nd Oct 17, 9:13 PM
    • 116Posts
    • 13Thanks
    JGal
    Who to handle a third party fault car insurance claim
    • #1
    • 2nd Oct 17, 9:13 PM
    Who to handle a third party fault car insurance claim 2nd Oct 17 at 9:13 PM
    My vehicle was involved in a RTA at the weekend and will likely be written off. The vehicle was parked with no one inside when it was run into from behind causing extensive damage. The third party has accepted full responsibilty, as confirmed by their insurance company.

    Who should I use to handle the claim and why.. my insurance company (aviva, fully comp with protected NCD), direct through the third parties insurance (morethan) or a credit hire company (total motor assist?)

    The car had no finance on it. I have legal protection on my policy and courtesy car, but not hire car cover. Which channel is best to provide a car hire, prefferably until after settlement until I have a replacement car.

    I am keen to get a settlement that will be sufficent to get me back to the same model/spec/mileage/condition of vehicle.

    Any advice would be greatly appreciated.
    Last edited by JGal; 02-10-2017 at 9:19 PM.
Page 1
    • forgotmyname
    • By forgotmyname 2nd Oct 17, 9:27 PM
    • 26,234 Posts
    • 10,475 Thanks
    forgotmyname
    • #2
    • 2nd Oct 17, 9:27 PM
    • #2
    • 2nd Oct 17, 9:27 PM
    Contact their insurer, if they are not helpful claim through your own insurance.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • JGal
    • By JGal 2nd Oct 17, 10:03 PM
    • 116 Posts
    • 13 Thanks
    JGal
    • #3
    • 2nd Oct 17, 10:03 PM
    • #3
    • 2nd Oct 17, 10:03 PM
    Thanks for the reply.

    I spoke to their insurer this afternoon and she was very keen for me to go direct with them. From what I understand, keeping it in house saves them in fees that would be paid to my insurer.

    I gather using my own insurer has more work to recover excess, but should be a given in the circumstances, and more risk of affecting NCD.

    I'm wondering if there were any contentious issues it may be better having my insurance company working on my side. "the insurer of the other driver may contact you following an accident and offer to handle your claim, which you can choose to accept if you wish. They will be focused on reducing their costs and minimizing the extent of your claim at a time make certain that you understand your legal entitlement to compensation and redress before considering any offer." makes me concerned."

    Not sure if I could exclude my insurer but still call on my policies legal protection.

    I have read that “If an accident is another driver’s fault, it is the responsibility of the other driver under law to put you back into the position you would have been in had the accident not occurred.” Which hopefully means I should get a settlement above the trade price of the car.
    Last edited by JGal; 02-10-2017 at 10:33 PM.
    • Quentin
    • By Quentin 2nd Oct 17, 11:01 PM
    • 33,606 Posts
    • 17,511 Thanks
    Quentin
    • #4
    • 2nd Oct 17, 11:01 PM
    • #4
    • 2nd Oct 17, 11:01 PM
    The settlement you should get is the market value of the car immediately prior to the incident


    If you decide to go with your own insurer then you will have to pay your excess (you can use your "legal cover" to get it reimbursed to you along with all your other uninsured losses)


    Your NCD will be (temporarily) reduced until your insurer is fully reimbursed their outlay by the third party which is a pain if your renewal comes due whilst its reduced
    • JGal
    • By JGal 2nd Oct 17, 11:32 PM
    • 116 Posts
    • 13 Thanks
    JGal
    • #5
    • 2nd Oct 17, 11:32 PM
    • #5
    • 2nd Oct 17, 11:32 PM
    The settlement you should get is the market value of the car immediately prior to the incident
    Originally posted by Quentin
    So would the market value be the HPI CAP Trade (below, average, clean), or Retail price? I could only realistically source a replacement at the retail price which for mine was about 10 to 15% above the trade clean valuation.
    • paddyandstumpy
    • By paddyandstumpy 3rd Oct 17, 6:26 AM
    • 917 Posts
    • 409 Thanks
    paddyandstumpy
    • #6
    • 3rd Oct 17, 6:26 AM
    • #6
    • 3rd Oct 17, 6:26 AM
    Bear in mind if you go direct to the TP insurer you cannot complain if their settlement offer isn't to your liking.

    You have no contract with them therefore the FOS won't entertain a complaint.
    • Quentin
    • By Quentin 3rd Oct 17, 7:25 AM
    • 33,606 Posts
    • 17,511 Thanks
    Quentin
    • #7
    • 3rd Oct 17, 7:25 AM
    • #7
    • 3rd Oct 17, 7:25 AM
    So would the market value be the HPI CAP Trade (below, average, clean), or Retail price? I could only realistically source a replacement at the retail price which for mine was about 10 to 15% above the trade clean valuation.
    Originally posted by JGal
    You should be getting what it will cost to buy a replacement in the same condition as yours.
    • Quentin
    • By Quentin 3rd Oct 17, 7:30 AM
    • 33,606 Posts
    • 17,511 Thanks
    Quentin
    • #8
    • 3rd Oct 17, 7:30 AM
    • #8
    • 3rd Oct 17, 7:30 AM
    Bear in mind if you go direct to the TP insurer you cannot complain if their settlement offer isn't to your liking.

    You have no contract with them therefore the FOS won't entertain a complaint.
    Originally posted by paddyandstumpy
    Although you cannot complain to the FOS, that doesn't mean you have to accept any offer not to your liking.

    If any offer is unacceptable you can reject it, and ask for a higher offer.

    Should you end up with an unacceptable final offer from the third party insurer you can still make your claim with your own insurer, meaning you can then use the FOS to escalate any complaints
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