Car Insurance Claim - No Fault?

officerwubble

Thank you McKneff. I'll certainly come back and update on progress. The site has been a great help, I was desperate for advice (and support) and the help I've had from posters has been brilliant.

I'm just waiting for the hire car to arrive. It should be here in about an hour. I would imagine it will be someone else who comes to take my car away, but I think I'd better clear it out, just in case.

I'm just new here so not sure if this :money: is relevant, but I feel like I've saved a packet, so massive thank yous to everyone.

McKneff

Are you 100% sure you will win your case, if not, then think twice about the hire car, do without it if you can.
The trouble is, if you lose your case you yourself will be stuck with the hire car charges. Also ask who will pay the SMS if you lose.
just be careful what the CMS is telling you.

Get everything in writing

Good luck

Quentin

officerwubble wrote: »

They obviously acknowledge that it's not my fault either, but that won't stop them going for a 50/50 settlement. Which, in my case, means I get nowt as I'm only 3rd party, F&F.

No - you'd get 50% of your loss off the third party were that the outcome.

officerwubble

McKneff, you've just raised the issue I'm most worried about. The hire car arrived this evening, now I'm thinking I really don't want it. The charges are astronomical and I'm terrified of what will happen if I don't win.

They've also taken my own car away, but I'm really not sure where to or why. There's also a charge for that and a daily storage fee.

I think I may have messed up here. All I want is my car repaired and back on the road. This hire car has precisely 3.4 miles on the clock. I'm terrified to even drive it.

Can I ask what SMS is? (sorry to sound ignorant).

I was just so relieved to hear someone was going to help me get this resolved that I've been railroaded almost into this point. I only spoke to them this morning for the first time and here we are already.

I'm really worried.

officerwubble

Oh I feel so stupid.

The thing that is really playing on mind is that his insurers are saying no blame. Now they did reach that conclusion before they had even spoken to me or seeing the damage to my car. They still haven't shown any interest in that.

It worries me that they seem so confident in that stance. Going this route means it's potentially going to cost them a whole load more - I can't understand why they would leave themselves open to that.

I was hoping I might manage to get some sleep tonight but I feel worse now than I have done since it happened on Friday.

I can cancel the contract but it looks like I'll have to fork out an arm and leg for costs already. I really think I might have screwed up here.

vaio

whilst it is the case that liability flows from negligence (so if you had an unforeseeable heart attack then there is no liability for damage you cause) I'm struggling to see how they can justifiably extent that to slipping in the ice, what would be next? no liability if your foot slips off the brake?

It appears the credit hire firm see it the same way but it wouldn't do any harm to find out what your potential liability is should it not be resolved in your favour

officerwubble

Thank you vaio. You can't know how much that bit of reassurance has helped me balance my fears a little here. Well that and the large vodka I've just knocked back...

I might just get some sleep after all.

Thank you so much for posting a reply. I think I'm going to cancel the hire car regardless of what it costs, the idea of mounting bills is too much to deal with right now. It looks like it's going to cost about £350 to cancel now, but that's easier to live with than the possibility of thousands if I leave it and I lose, however remote that might seem.

I will speak to the claims management company tomorrow anyway, just to establish exactly what my liability is, good advice and very much appreciated.

officerwubble

Just to update. My husband called the CMC this morning and they've categorically stated that there is no liability on us at all with regards to the hire car charges, win or lose. A letter has already been sent to this effect apparently so should be here today/tomorrow. The only time I would become liable is if I've lied, which I certainly have not.

They've advised us to keep the hire car as it helps encourage the insurers to settle quickly.

It's very reassuring but I'm still a bit nervous. It does sound too good to be true.

AndrewSmith

Hi and just to have my 5 penneth worth.

The CMC are only interested in you having a hire car as that is how they earn their money. PLEASE carefully read the mitigation statement that you would have signed before taking the hire car. The ABI rules state that you must demonstrate a need as opposed to a desire for a hire car, and you are only entitled to a hire car while your car is either undrivable as a result of the damage of for the period that it is being repaired. this basically means that if your car is still legally drivable then you should not be in a hire car unless your car has been taken to a garage and repairs are actually underway. You are not entitled to a hire car while waiting for your car to be assessed for the damage costs, or while waiting for ordered parts to come in. The CMC and GRG should ensure that the parts are in and the repair can commence prior to putting you into hire.

If however your car is legally undrivable as a result of the damage then you are entitled to car hire. This doesnt simply mean that it looks bad with a dent and scratch but it has to be legally defined as unroadworthy.

Please read anything you signed very carefully as there may be very strict conditions within the mitigation statement (there usually is) bouncing the liability for costs straight back to you should the at fault insurer challenge the car hire charges or storage etc.

Feel free to post any parts of the agreement here that you are unsure about and there will be a number of suitably qualified / experienced of us to be able to clarify it for you.

Thanks

Andrew

officerwubble

Thank you so much for your reply Andrew.

The road worthiness is something I really don't know. The wing has been torn off but it's plastic, so lots of jagged little bits sticking out everywhere.

The other concern is the mud guard under the wing (well usually) covering the front tyre. This is basically in bits and flapping about in the wind.

There is also an unconnected electrical cable which I think might be for indicators, but can't be sure.

Other than that, the frame of the front passenger door is damaged, as is the door. I could maybe put a picture up if I can figure out how to do that?

The car is now being assessed by a mechanic for damage. I should get the report on that pretty soon I hope.

I've been sat on the phone all day trying to get through to my insurers to see if the third party's insurers are trying to claim under my cover. I'm not happy for that to happen although I really don't know what, if anything I can do about it.

I'll post again when I'm off the phone and go through the contract. I really appreciate the help and advice given.