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My car was hit by a stolen vehicle...

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  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 February 2010 at 10:33AM
    and according to them as I have nobody to claim against for things i loose my no claims bonus
    Right minimnoel, unfortunately your car insurer and/or the call center staff are pretty useless, so you are going to have to get a bit arsey (try to be polite but you are going to need to be assertive).
    Tell them to claim against the insurance on the other car which provides statutory cover under the requirements of the road traffic act.
    If you find you are talking to a numbskuul at the call center ask to to speak to a supervisor or claim handler or soemone who can help.
    Don't be impolite to the numbskull but you must inisit.
    If you are still getting nowhere then you need to find their complaint procecedure and make a formal complaint (I suggest sending by recorded delivery for 75p so it doesn't get lost), If you can do it by email switch on read and delivery recepts whicha re usually found under Tools->options in your email program.
    i pay the excess and am no courtesy car offered
    Yes you have to pay the excess.
    Even if they claim off the 3rd parties insurer, you will have to pay this UNTIL it is recovered back.
    Did you ask about a courtesy car??
    They aren't guaranteed.
    But now you have the hire car.
    If it is provided under the guaranteed policy you paid for then it shoudl be provided for free.
    At first they even refused to give me a contact number of their legal team even though I have legal protection cover.
    It would be better if you kept all your paperwork, but yes very bad service.
    To be honest its ridiculous....legal team have told me I shouldnt have started repairs without police report
    Agreed ridiculous.
    Are your legal team aware that you are making a claim on your own insurance?
    Now I am having to pay for upgrade to the car on my guaranteed policy as needed to get my son around and am now car less......
    You are only guaranteed a car on your policy, not any particualr type of car.
    If you have specific requirements, then you will need to claim back the extra on your legal cover.
    Make them aware of any extras like this, but I'm afraid you are only entitled to a "car" and not anything more specific.
    I had the same issue because I used to use a towbar for both trailer and bicycle carrier.
    There was no guarantee of a towbar, jsut a car.
    Sorry but that's what your policy offers.
    Who do I need to contact...the legal team, my insurance company??? What am I supposed to be doing I am clueless?
    You need to contact your insurer for your insured losses (car minus excess).
    You need to push them to claim off the other insurance policy to recoup the losses otherwise this is recorded as a "fault" claim. This doesn't mean it was your fault but that your insurer had to pay.

    For your uninsured losses you need to get your legal team to claim to off the other insurer. This includes your excess and your extra hire car costs (to my knowledge).
    Note that they are NOT invoevd in the car repairs, so you need to make it clear to them that they are ONLY involved in your uninsured lossses and not the entire claim. They should be very familiar with this situation.

    You are indeed receiving poor service.
    But even if you had good serviec, you would still be in the same situation.
    You still would have to pay for excess and upgrade because those things are not coevred on your insurance.
    It might be an idea to acquaint yourself with your polciy a bit more so you know what you are and aren't coevred for.
    The same goes for house insurance and travel insurance.
  • Happychappy
    Happychappy Posts: 2,937 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    squack wrote: »
    because they chase people until they smash

    of course people shouldn't steal cars but these pursuits often cause damage to property and loss of life to innocent bystanders/motorists let alone the scum bags

    the cops are buzzing on the adrenaline of the chase which gets them high

    whats the point of getting your stolen goods back if they are smashed and ruined

    whether its a car or anything else
    :money:

    And so your answer to supporting thieves is a complete non pursuit policy full stop?

    Does that logic apply to any vehicle whatsoever which fails to stop? is your clearly extensive knowledge of police pursuit driving leading you to the conclusion that stolen vehicles and vehicles involved in crime are driven perfectly normally, and only driven dangerously when pursued by the police.

    If so are there any circumstances whatever where you would allow the police to pursue someone or is that too upsetting for the offender?
  • squack
    squack Posts: 633 Forumite
    angry copper obviously
    squaaaaaaaaacccckkkkkk!!!! :money:
  • Happychappy
    Happychappy Posts: 2,937 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 17 February 2010 at 6:47PM
    squack wrote: »
    angry copper obviously

    You are so good at making assumptions? why angry

    I just asked what your solution was to criminals using vehicles other than the police attempting to stop them, possibly you have experience to draw upon and share. And so your answer is..........................
  • raskazz
    raskazz Posts: 2,877 Forumite
    Dr.Shoe wrote: »
    you should be able to claim from the other party's insurance. It is actually a result that it is a hire company as they will certainly have cover for their vehicles. You would have been unlucky (and would not have been able to claim) had the vehicle itself been uninsured.

    In summary, it is the vehicle that's insured for third party damage and not the driver.

    If the driver is untraced (which appears to be the case) then the OP would have to go down the MIB route rather than approaching the insurer of the third-party vehicle directly.
  • raskazz
    raskazz Posts: 2,877 Forumite
    edited 17 February 2010 at 7:19PM
    I suggest you ask them why they are not claiming from the owner/insurer of the car that hit you. That car should have been insured for theft and the damage to your car is as a result of that act.

    Again, if the driver of the stolen vehicle is untraced then the insurer of that vehicle will not have to accept any liability.
  • raskazz
    raskazz Posts: 2,877 Forumite
    edited 17 February 2010 at 7:26PM
    It used to be the case that almost everyone working in insurance studied ACII, including claims handlers.

    Now, we just have (as you rightly put it) Customer Service (oxymorons?) or Call Centre staff .... probably the same shower that administer the London Congestion Charge! Some call centres actually work for several different clients, in different businesses, so after taking the call about the insurance claim, the next call could be about a failed delivery for an online order!

    This whole business model sucks, IMHO - especially for a skilled role like an insurance claims handler.

    Mininoel - insist that your insurance company claims from the stolen car's insurer. If you feel like you're getting nowhere, ask for your call to be "escalated" - call centre speak for "let me speak to a manager! Escalate again if you don't get a satisfactory response; repeat until you do get a satisfactory response from someone who knows what they're talking about.

    Er, if you're going to mention things like ACII and lack of technical knowledge then do make sure you're posting correct info!

    If the driver of the stolen vehicle was not caught and his identity is not known (the OP did say that "the driver ran off"), then there can be no contractual liability against the insurer of the stolen vehicle for third party losses, and similarly no Road Traffic Act liability either. Such cases fall under the MIB's Untraced Driver Agreement.

    Edited to add: I've just noticed that the accident happened on the OP's driveway. The MIB may not deal with it as it did not occur on a road or other public place, so quite possibly does not fall into the remit of the MIB's agreement.
  • op , if the car that hit yours was a hire car , why dont you ask them to lend you one . lol
    you never know ..........................
    we all have bad days , some more than others ..................
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