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Stephensons of Easingwold bus reverses into my car - company won't pay for damage

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Two weeks (8:40am - rush hour 04/06/09) ago a Stephensons of Easingwold stephensonsofeasingwold.co.uk 54 seater coach pulled up to a busy mini roundabout in Norton-on-Derwent, North Yorkshire - lots of traffic behind it - drove half way across the roundabout, then stops, goes into reverse gear (lights and everything) and reverses into the line of traffic behind it. I was in the first car in that line. I couldn't reverse due to lack of time, and cars behind. Fortunately the car behind was not hit by the back end of my car.

My car is low slung - a Smart Roadster Coupe. The back end of the coach came right up to within a metre of the windscreen and my face, sat on the bonnet, crunched the wheels and front of the car down to the point that the bodywork is touching and scraping the road, went back into 1st gear and drove off.

The driver was clearly aware of what he'd done due to my flashing lights and horn trying to get him to stop. Schoolchildren on the back seat witnessed everything. Bystanders at the pub saw everything and watched amazed. Coach driver then drove off! I followed, flashing lights and bipping horn when able, and 1/4 miles later after he'd dropped off children at Norton College, I managed to speak with him. He apologied immediately, but refused to give me his surname and said he was Polish and didn't speak English. He went out to the car and immediately looked at the damaged areas of my car without having to be shown.

I contacted the bus company immediately who seemed very helpful and promised to pay in full and deal with it.

I contacted the Mercedes/Smart garage who put me through to Accident Exchange.

Next thing I knew, the bus company and its agents refused to speak to Accident Exchange or the bodyshop, and despite admitting liability, refused to pay and disputed the claim. Yesterday capped it all when their insurers QBE sent round an assessor, who was very honest - said it needed a new bonnet, new bumper and that the axles/wheel shaft was bent, and possibly a whole lot more. Today Stephensons DENIED an assessor had been round and continued to refuse to cooperate.

Two weeks later the car is still sitting on my drive and I'm left wondering if and when my car will ever get repaired and who is going to pay for it.

Absolutely tearing my hair out and totally disgusted with the completely dishonest actions of Stephensons of Easingwold Coaches. It's caused unimaginable stress over the last 14 days and nearly every evening has been spent sending emails or on the phone.

Any advice on what to do would be gratefully received.
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Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you tried ringing QBE directly to find out whats happening?

    If you have problems with them disputing liability (They may try and say you drove into the back of them) then you will need independant witnesses to back up your account, by the sounds of it there were plenty of witnesses
  • QBE have been contacted. They sent an assessor round yesterday.

    The coach company today stated that no their insurers have not been contacted and they they wanted to resolve privately. However, QBE state they were contacted by Stephensons on 9th June.

    They've also told us the claim is disputed. However, I have it in writing from from the coach company's agent that "
    I must first of all state that liability for this incident is not denied."

    Seems to me like they got the estimate from their assessor and decided to change their mind.

    There's no way they can suggest I drove into them. My car was stationery and the driver admitted fault in front of witnesses.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    It sounds as if they have admitted liability but they are disputing quantum (the amount of damage caused).

    If the vehicle was only inspected yesterday, they won't have the engineers report yet - hopefully once they have it, things will proceed more smoothly.

    You should really be dealing with QBE and not the coach company directly.
  • But who are they disputing quantum with? Their own assessor?! I haven't had my own assessor estimate yet - I can't until they admit liability and agree to pay for it to go to the body shop. The car is stuck on my drive because no one will pay for it to be low loaded to the body shop. The body shop is quite happy to pick it up as soon as the other side agree to pay. And they flat refuse.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    OK, it wasn't clear from your original post that you haven't had an estimate yet. Of course they are refusing to pay if you haven't had one - what do you expect them to pay for, without knowing details of any costs?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From the sounds of it (Bus company wanting to pay privately but have informed their Insurers) it could be possible that QBE are not accepting liability as the Bus company have not given them the full details of the accident. They may suspect they are at fault and are inspecting your car to save time / costs once they have established they are at fault.

    (Its not unusual for people or businesses to delay sending back a completed claim form to their Insurers, this can delay things for the Insurer)
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    If you are comprehensively insured, you should go through your own insurers.
  • withabix
    withabix Posts: 9,508 Forumite
    Report the bus driver to the Police for leaving the scene of an accident without stopping.
    British Ex-pat in British Columbia!
  • withabix - thanks - I've done that.
  • Tbh it will be hard to prove he knew of an accident as a bus is big and can hit things without people knowing

    Also chasing a schoolbus flashing lights and horns is probably illegal too
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