Car Insurance claim driving me mad...

angel69_2

My car was hit by a motor cyclist and I have an independant witness who confirms that it was clearly not my fault. I had fully comp cover and they didnt even offer me a hire car.

I was asked to drive it to their approved mechanic who confirmed that it should not be driven and they then also sent out another enigineer to my mechanics to look at the car!

Anyway insurance comp have written my car off and offered me silly amount which I declined.

Long and short is that Ive been told that I need to find a car exactly like mine within a 60 mile radius on Autotrader and get the info to them in order for them to think about paying me more.

Im now thinking that I should withdraw my claim and not pay my excess and let them pay out the other driver for his injuries and damage? Can I do this????

Furthermore they have called me twice and written me a letter telling me to send them all the car docs V5, MOT etc so that they can process the claim.

I had another call today asking for me to call them back asap about the docs and I havent agreed to accept the offer so why are the putting so much pressure on me for my docs? I really dont want to give them my docs until we reach a settlement.

I feel like Im being harrassed by a company that in theory are acting on my behalf.

Anybody help me please?

custardy

1st of all i would disregard the 60 miles limit
who are they to dictate how far you would travel to buy a car?
you will need some proof to support the value you want though
so get looking at any ads you can find for the same car

angel69_2

custardy wrote: »

1st of all i would disregard the 60 miles limit
who are they to dictate how far you would travel to buy a car?
you will need some proof to support the value you want though
so get looking at any ads you can find for the same car

Thanks for that!

What about the docs?
Why do they need them so urgently?

*MF*

angel69 wrote: »

What about the docs?
Why do they need them so urgently?

Hi ... I am not sure why they should be required so urgently (*), would you be against sending them p/copies whilst stressing you have NOT accepted their offer?

Do you have anyone acting for you or are you holding the motor cyclist (or thru' his Insurers) responsible for any additional costs you are facing, transport, excess etc?

(*) also agree with custardy - you want a car that you are happy with - if it is available 150 miles away or more - that is the car you go for, haven't a clue why your Insurer would impose a radius restriction

Hope this helps ...

I am also confused by these two apparently different aspects:

angel69 wrote:

My car was hit by a motor cyclist and I have an independant witness who confirms that it was clearly not my fault. I had fully comp cover and they didnt even offer me a hire car.

Im now thinking that I should withdraw my claim and not pay my excess and let them pay out the other driver for his injuries and damage? Can I do this????

If it was the motor cyclist's fault, independently witnessed, your insurers should not be paying him anything.

geri1965_2

Firstly, they are not obliged to provide you with a hire car - that's an uninsured loss, if you need a hire care you will have to pursue the cost of this from the other side's insurers.

Secondly - why would you withdraw the claim and let them pay out to the other driver if you weren't at fault? What possible benefit to you would be gained by this?

angel69_2

geri1965 wrote: »

Firstly, they are not obliged to provide you with a hire car - that's an uninsured loss, if you need a hire care you will have to pursue the cost of this from the other side's insurers.

Secondly - why would you withdraw the claim and let them pay out to the other driver if you weren't at fault? What possible benefit to you would be gained by this?

Thanks!
To be honest, Im finding this all very stressful! I didnt want a claim to go against me when applying for new insurance and a friend suggested that this may be an idea...I just so lost!

As for the hire car I thought that as I was fully comp and their mechanic said it was a total loss 2 days after the accident they should have offered me a car as we were claiming no fault too!

angel69_2

*MF* wrote: »

Hi ... I am not sure why they should be required so urgently (*), would you be against sending them p/copies whilst stressing you have NOT accepted their offer?

Do you have anyone acting for you or are you holding the motor cyclist (or thru' his Insurers) responsible for any additional costs you are facing, transport, excess etc?

(*) also agree with custardy - you want a car that you are happy with - if it is available 150 miles away or more - that is the car you go for, haven't a clue why your Insurer would impose a radius restriction

Hope this helps ...

I am also confused by these two apparently different aspects:



If it was the motor cyclist's fault, independently witnessed, your insurers should not be paying him anything.

I do have a no win no fee company that are dealing with my claim. Should I let them deal with my insurance comp over the offer?

The accident is being investigated...so they are not paying him anything yet byt as my car was a total loss they want to pay me quickly I think!

I will quiet happily send them copies but the letter stresses in bold that is needs to be the originials...

*MF*

angel69 wrote: »

I do have a no win no fee company that are dealing with my claim. Should I let them deal with my insurance comp over the offer?

The accident is being investigated...so they are not paying him anything yet byt as my car was a total loss they want to pay me quickly I think!

I will quiet happily send them copies but the letter stresses in bold that is needs to be the originials...

Good! Because it was the motor cyclist's fault, and you have a witness, the no win no fee company will recover your "uninsured losses" - keep a record of all the additional expenses you incur - but they deal with "uninsured" losses so will not deal with the "insured" loss - unless perhaps you withdraw the claim from your insurer - but I am not sure if that is a good idea if there are doubts over the value of the car itself, it is a judgement call tbh. Better on balance to argue over that with your own Insurers perhaps, but it is a perhaps, ok? But as you stand the no win no fee company will NOT be dealing with the loss of the car.

The Insurers will need the original documents - that is correct - but as an interim measure you could send copies, that allows them to check dates etc such as initial registration of the car, the MOT etc., They won't settle without the originals, but you won't settle until you are sorted on a suitable car - but copies allows for matters to be checked meantime, and saves a later delay, yes?

A claim which is NOT your fault remains a claim - but on recovery of all your losses you will not lose your entitlement to any NCD -so it does not count against you for the futuire, ok?

angel69_2

*MF* wrote: »

Good! Because it was the motor cyclist's fault, and you have a witness, the no win no fee company will recover your "uninsured losses" - keep a record of all the additional expenses you incur - but they deal with "uninsured" losses so will not deal with the "insured" loss - unless perhaps you withdraw the claim from your insurer - but I am not sure if that is a good idea if there are doubts over the value of the car itself, it is a judgement call tbh. Better on balance to argue over that with your own Insurers perhaps, but it is a perhaps, ok? But as you stand the no win no fee company will NOT be dealing with the loss of the car.

The Insurers will need the original documents - that is correct - but as an interim measure you could send copies, that allows them to check dates etc such as initial registration of the car, the MOT etc., They won't settle without the originals, but you won't settle until you are sorted on a suitable car - but copies allows for matters to be checked meantime, and saves a later delay, yes?

A claim which is NOT your fault remains a claim - but on recovery of all your losses you will not lose your entitlement to any NCD -so it does not count against you for the futuire, ok?

Right its all making sense now thank you so much!

Sorry for sounding dense but one more thing, my lawyers sent somebody round to look at the car and they said my car was worth £250 more that the insurers did. Just openend a letter from the lawyer advising that they will be writing to the other side insurers asking them for a settlement cheque for the sum that they believe the car is worth...

Is it me or is this getting a bit confusing??

*MF*

It's not you - mind you I start confused, lol.

Being serious - that makes it sound like 1) you are claiming against your Insurers for the car and 2) the lawyers (are they the no win no fee lawyers - or is it even more confusing, lol) are claiming against the other Insurers as well - remember my "perhaps".

You need to sort that out - speak to the lawyers, and basically ask them what they are doing, what they are/are not including in their claim for you, but also tell them where you are with your insurers so they don't also get confused.

Obviously you then have to make the judgement call I mentioned - yes? What looks like the best way of dealing with it all - for your benefit?

And it reinforces the sending of copies at this stage, yes?

Btw - also ask the lawyers for their thoughts on alternative transport - but be careful about rushing into that - it can be, ermmm, confusing.

Hth ...

angel69_2

*MF* wrote: »

It's not you - mind you I start confused, lol.

Being serious - that makes it sound like 1) you are claiming against your Insurers for the car and 2) the lawyers (are they the no win no fee lawyers - or is it even more confusing, lol) are claiming against the other Insurers as well - remember my "perhaps".

You need to sort that out - speak to the lawyers, and basically ask them what they are doing, what they are/are not including in their claim for you, but also tell them where you are with your insurers so they don't also get confused.

Obviously you then have to make the judgement call I mentioned - yes? What looks like the best way of dealing with it all - for your benefit?

And it reinforces the sending of copies at this stage, yes?

Btw - also ask the lawyers for their thoughts on alternative transport - but be careful about rushing into that - it can be, ermmm, confusing.

Hth ...

Right, now I'm set straight.

Im going to write a letter to the my lawyers asking them what to do about the car.

Also will write to my insurers with copies of the documents and advise that these should be sufficient until we are nearer settlement and I will then forward the originals to them.

Once again thanks so much for all your help!!