CAR ACCIDENT- My car written off with baby in car - compensation claims help?

morlandbanks

Call the insuance co of the other driver and 'demand' a hire car immediately. You are entitled to one if your car has been written off by a third party.

Claim that you have to take taxis if they can't provide a car and that you will be claiming the money back from them. Trust me, they will be keen to keep thier expenses as low as possible and would rather get a car for you themselves than let you hire one and have to pay the fees (they get discounts).

If the incident is as clear cut as all that, there should be no problem. You have a duty to keep your costs as low as possible (mitigate your losses, in insurance language), but that doesn't mean you have to take the bus.

Make the call!

Hope this helps.

Astaroth

Sorry for the delay in posting, I was away this weekend so didnt get the PM until this morning and have been in meetings until now (unfortunately face to face ones rather than dial in so couldnt surf whilst "working")

Do you have legal expenses cover on your policy. If you have then this is the best option for you to go down as they will deal with all your claim for losses.

If you dont then you have a number of options open to you:

1) Direct Claimant. If the third party has admitted liability to his insurers for the accident/ they have told him they will be liable then this is going to be the least hassle for all your non-injury losses (ie the car, hire vehicle etc). You simply need to contact them (they will probably transfer you to a third party team) and they can arange a hire car/ vehicle inspection etc etc and as long as you do as they reasonably ask then there will be no cost at all to yourself.

If you decide that you do want to claim compensation for the injury then it is possible to deal directly with the third party insurers for this too. I dont want to restart the old debate on if insurers are fair or not (independant evidence suggests the majority are but I havent heard the solicitors response to it yet) but this can be an option if you dont have legal expenses cover and feel comfortable dealing with the matter.

2) Credit Hire - as someone else has already mentioned there are a number of companies out there who are setup to deal with people involved in non-fault accidents. Effectively what they are doing, as their name suggests, is doing everything on credit for you (save you paying out and then claiming back) and then claiming back the costs from the TPI (originally they only offered hire cars hence the name but most will now cover off all aspects).

Having defended against these people for years I dont like them at all and would personally consider many of them cowboys but that is another story If you do decide to go down this route make sure you read all the terms and conditions carefully. Some will charge you an "insurance" to cover the costs if for some reason they dont get their money back.

Sure I will get a kicking for suggesting it but.... also consider.... they are getting money for every day that they have you in a hire car.... is it really in their best interests to get the claim resolved as quickly as possible?

3) No Win, No Fee - can be as bad as the guys above are but thats just my opinion. Again, the big thing to do with these are to read the terms and conditions. No win no fee refers only to your sides fees and would not automatically cover the other sides fees if you were not to win 100% of everything that you went for... some will sell you an insurance policy to cover it, some get you to take a loan with them, others just dont mention it and expect you to be able to pay and a few will absorb the costs themselves.

The "problem" with these is the fact that they will probably not be willing to incure too many costs themselves (due to the risk of not getting it back) so you will have to pay it out and claim back (eg for the child seat) rather than getting the money up front. They will very possibly also refer you out to a credit hire company for a vehicle.


If you do have Legal Expenses cover and go through this then you may still be put down the credit hire route but they really should ask the TPI first.

Be very careful if you do get any form of credit hire car... you have a legal requirement to mitigate your losses (ie make them as small as possible), you should never take a credit hire car if the TPI has already offered you a suitable vehicle, you must get as cheap a vehicle as you can reasonably get away with - as you have kids it would be reasonable to say you need a 5 door but if you currently have a 3L 4x4 vehicle you probably could live with a 1.4L 5 door for the sake of a couple of weeks.

Personal injury claims have to be substanciated exactly the same as any other type of claim. If your other half is considering a claim then he will need to go to the doctor to substanciate there was an injury and may also have to go see a specialist for assessment at a later date depending on the duration of the injury.

Unless you are 100% possitive the TP has admitted liability to the TPI then it may be worth considering getting seperate lawyers for your partner/baby and yourself as if there is a dispute on liability (eg they hold you 10% liable for driving too fast) then there would be a conflict of interests with the solicitor as they would be representing you on one hand and suing you for 10% of the losses on the other.

Elhall_2

You said that there was a police responce to the crash? What did they say about fault?

Contact the insurance and ask them the best way forward. My insurance recommended a good firm for my case and it went very smoothly.

Keep a record of injuries and go to the doctor or A&E if you have any problems.

bb2611

Where abouts do you live ?

I know a great company that will virtually put your in a courtesy car straight away and also deal with the claim for whiplash on your behalf without you having to pay a penny.

A_little_stressed!!

Today I have finally got hold of my insurance after they hunbg up on me 3times! they have passed my details onto a solicitors who have phoned me but will phone back Thurs to see how injuries develop, this gives me time to contact TPI and see if they wish to deal with me 1st.

Also HireHelp have arranged car hire, I said I needed 5door with boots space for pram (I had bothe on my punto) She said my car is a "DM03" they only have "DM02" or "DM04" (size of car) so it will be a bit bigger than mine. Is that going to be ok with keeping costs down? I can't possibly have a 3door as I have to get him in&out of the car seat & my back really does hurt & he is what many passers-by like to comment: "A bruiser"

The policeman at the scene said the TP cannot deny fault as he pulled out onto a main road, it was completely our right of way.
But when 1st asked what had happened he said
"I can't really say it was my fault, I never saw him, I saw the woman croosing with the dog"
I don't really know how that affects everything, but he can't presume there is enogh space for him to pull out just because a woman managed to cross the road.

I've foned the TPI 3 times but its still not on their computers, I will keep trying!

Thank you so much for all your help so far, any more info would be great & I'll keep you updated.
The little 1 is alot more lively today, just extra cuddly but I could do with the cuddles anyway!

Astaroth

If you have a solicitor and helphire involved there shouldnt be any need for you to contact the TPI (unless either of the above have said you should)

From the accident circs there should be no settlement other than 100% in your favour unless there is an independent witness that says you were driving too fast for the road conditions/ no lights etc. That isnt to say there wont be a discussion on liability but that depends a lot on who the TPI is and what sort of person the TP is.

The car shouldnt be an issue... you have covered your back by asking for the smallest car you can use and it is helphires commercial decision to give you a larger vehicle due to their shortage.

A_little_stressed!!

I just wanted to check with TPI that he had reported the accident & whether I should settle all injuries&claims with them but the TP is claiming 50/50. His TPI is local and the lady on the phone knows the road I was on and the road he was on and said it is a very clear junction, she cannot see why he pulled out and she can't see any way it can go his way.

I do also have a witness who was behind him who said he saw the lot & I also have his full details. (I believ he may be an angel in disguise!)

The TPI also says I should go through the solicitors given to me by my insurer because of TP going 50/50. they are MINSTER LAW
does anybody have any experience with them? Are they good 'uns?

Cars coming 2moro & I'm borring car seat off'v grandparents to 'keep costs down'

Thanx again!

sean_rudenko

keithboy40 wrote:

same thing happened to my wife, however the person who hit her was not insured. how does she stand with compensation. she is also liable to a £300 excess. how can she claim that back.

anybody been through the same thing. she also has whip lash injiries to her neck and arm. my daughter has a sore back and it is effecting her also.

If you claim against the Motors Insurers Bureau, there are strict time limits that require you to report it to the police.

If you wish to claim for property damage (your vehicle) you only have 5 days from the date of the accident to report it to the Police.

If you wish to claim for personal injury you have 14 days from the date of the accident to report it.

If claiming for both the shorter time period applies (5 days)

You must obtain proof from the police that you have reported it.

Astaroth

A_little_stressed!! wrote:

they are MINSTER LAW
does anybody have any experience with them? Are they good 'uns?

Hmm... 50/50? even if they alleged you were giving misleading signals, over taking at a junction, speeding or driving without lights they wouldnt achieve this level of split.

To be honest one law firm is generally as good as the next. It very much comes down to who your fee earner is and how good they personally are.... every firm I have worked against have had some good staff and some poor ones.

beautifulgorgeous_2

Boots have christmas shopping evenings where you get 10 pounds worth of points for every 50 spent. My local boots sells car seats.