Advice Required - Car Crash & Insurance

Mikeinho

Sorry... this is a bit of a novel. Hope you make it to then end!

My sister had a crash in her car today, and she was looking for some advice from me. She was fully covered, but I am concerned about a few things. Probably best I first describe the crash...

Travelling on a straight road with no obvious obstructions, a gentleman driving a car stopped abruptly in front of my sister. My sister managed to come to a complete stop before a collision occurred. However, the woman following my sister then ran in to the back of her. No other vehicles were involved. The driver of the car in front drove away immediately, leaving my sister and the woman who rear-ended her to sort out the matter.

I confirmed to my sister that she had obviously left enough braking room to the car in front, and so is not at fault. Evidentially, the woman following my sister had not given herself enough room to stop safely, and so it was that woman’s fault the collision occurred.

I asked my sister, had she called to report the collision to the police? She said that neither her nor the other driver had called the police.

As far as I understand, both my sister and the other woman are fully legit, e.g. valid MOT, taxed, licensed drivers, insured, etc. However, as the police were not in attendance, nobody was breathalysed on the scene – although I should mention that this happened at lunchtime in a suburban area, and my sister has been teetotal for over 10 years, so it’s unlikely there was any alcohol involved.

Q 1. Is there any case for the insurance company having a problem with paying-out my sister’s claim due to the fact the police were not advised of the collision?

I also asked her, were there any other witnesses? If so, did she take their details? She told me that a passer-by had stopped to say they saw the whole incident, and (incorrectly) thought it was the fault of the driver in front of my sister who stopped first, but then left without giving their details (now untraceable).

Both my sister and the woman who ran in to her are with the same major insurer. The woman herself has admitted liability, so it should be an open and shut case as far as insurance claim is concerned. The insurer appears to back up my sister at this stage, as they have given her a courtesy car, but didn’t offer a courtesy car to the woman who ran in to her.

Q 2. As the only independent witness left without leaving their details, will there be any case for my sister to answer IF the woman who rear-ended her changes her ‘plee’?

My sister’s car (just a little ’02 Clio) appeared to have superficial damage to the rear bumper, but the boot would not close, so I’m guessing there’s more structural damage than meets the eye. The other car (type unknown) had extensive front-end damage, e.g. bumper, lights, grill, radiator, bonnet, etc.

Prior to the collision the car was in excellent condition for its age. It had a low mileage, and never previously required any major work done on it. The biggest thing it had repaired/replaced was a rear spring, carried out last year after an incident with a pothole. The last MOT (carried out just days ago) was a first-time pass with zero advisories. The bodywork and paintwork were in very good condition, with only a slight compression dent in the boot (unknown incident).

Obviously, she would prefer to have her car repaired as it would be very difficult to find another car of the same make, model, age, and condition without spending more than an insurer is likely to offer if written-off. However, I'm wondering if simply because of its age, the insurance company will go straight to (at least) a Cat D write-off.

Q 3. If the insurer receives the inspection report and deems it to be Cat D (or even Cat C), how would she go about challenging this to have it repaired and returned?

Anyway, that’s about all I can offer for now, so any advise/comments are welcome. Cheers!

paddedjohn

First of all there was no need to call the police if no-one was injured, secondly it was not the fault of the car that stopped in front, they may have stopped to avoid hitting a child, it is the fault of the car at the back and the insurance should be straight forward enough to sort out. If it is deemed a cat d write off then she may have the option of a payout and buying the car back off the insurance company.

Kira000

YOur sister should be fine with liability being given to the lady who hit her- 99.9% of the time, insurers automatically assign blame to the person at the back, simply for the reason you should always leave enough room to stop if the person infront brakes suddenly. If you hit someone from behind, you didnt leave enough braking distance, end of.

Unless someone was injured at the scene, you don't need to have called the police.

InsideInsurance

Trying to predict how a case will go before hearing what each party has told their insurers is very difficult. On the basis of the circumstances it is highly likely the vehicle at the rear will be held liable for the incident. There are cases of people being held partially liable for excessive/ unreasonable braking but these are very few and generally not bothered about when there isnt a large Personal Injury claim attached (no point risking £6,000+ of legal fees over an argument about £200)

If the vehicle is declared a total loss there is little she can do to contest it. Generally if you are wanting to avoid it you are better taking pre-emptive action such as taking it to a "back street" bodyshop or ask for Cash In Lieu of repairs. Insurers will typically ship it off to a high street who will quote on the basis of doing an A1 job using original parts evidently making the risk of a T/L much higher.

Mikeinho

Firstly, well done to all who managed to get to the end of my post and still have the strength to reply! Piccolo Mondo! Turns out that the woman who collided with my sister's car is my wife's old hairdresser. Anyway, that's neither here nor there.

The mechanic's report came back with a quote to repair, but was rather cagey with the details and would not offer a full breakdown of the quote. Suffice to say, the quote was more than 100% of the value of the car, so it's probably going to be a Cat C write-off. Apparently, there was a concertina effect inside the boot as well as the usual bumper, panels, lights, etc., so I've told my sister to walk away from it now... no telling how badly the chassis is buckled without having it examined further.

I was interested to read that you don't have to call the police unless someone was injured. I always thought that if there was damage to property (i.e. the car itself), the incident had to be reported in all events.

Will post again with the result if anyone is interested in a conclusion?

Doodlebug_

I would be interested in the conclusion as the same thing happened to me last week, I was stopped with my indicator on to turn right, and a girl crashed into me from behind. she has admitted full responsibility and both cars hav been declared write offs. I am just waiting for her insurance to pay out. I was also wondering how do I go about claiming for personal injury? any help would be appreciated as I hav never had to go through this before. thank god

mikey72

Mikeinho wrote: »

Firstly, well done to all who managed to get to the end of my post and still have the strength to reply! Piccolo Mondo! Turns out that the woman who collided with my sister's car is my wife's old hairdresser. Anyway, that's neither here nor there.

The mechanic's report came back with a quote to repair, but was rather cagey with the details and would not offer a full breakdown of the quote. Suffice to say, the quote was more than 100% of the value of the car, so it's probably going to be a Cat C write-off. Apparently, there was a concertina effect inside the boot as well as the usual bumper, panels, lights, etc., so I've told my sister to walk away from it now... no telling how badly the chassis is buckled without having it examined further.

I was interested to read that you don't have to call the police unless someone was injured. I always thought that if there was damage to property (i.e. the car itself), the incident had to be reported in all events.

Will post again with the result if anyone is interested in a conclusion?

A lot of garages who estimate costs for insurers retain the salvage in write offs. So if you think they are not being forthcoming about the damage, it could be worthwhile having a different garage give you a proper estimate. If you do decide to try to retain the car and have it repaired yourself, you need to take it back asap, as often the car disappears very quickly without informing you.

Crazy_Jamie

Doodlebug_ wrote: »

I was also wondering how do I go about claiming for personal injury? any help would be appreciated as I hav never had to go through this before. thank god

Injuries are an uninsured loss so you will have to instruct a firm of solicitors to act on your behalf. The case should be taken on a 'no win no fee' basis (called a Conditional Fee Agreement officially). The choice of firm is entirely up to you.

What are your injuries, out of interest? Are you still suffering with symptoms now?

Doodlebug_

Crazy_Jamie wrote: »

Injuries are an uninsured loss so you will have to instruct a firm of solicitors to act on your behalf. The case should be taken on a 'no win no fee' basis (called a Conditional Fee Agreement officially). The choice of firm is entirely up to you.

What are your injuries, out of interest? Are you still suffering with symptoms now?

Thank you for your help, I had sore shoulder and arm which are now not too bad. the most pain is in my back.....

Mikeinho

Update on the situation...

My sister has her car back now. She is still driving it, although the boot will not lock due to the damage to the rear. The insurance company came up trumps and offered her the full claim value of the car. However, I've seen the full extent of the damage for myself, and all I can say is the mechanics quote to repair is a complete joke! I'll name & shame if I get his details.

As it's xmas, she hasn't done much about anything over the past couple of weeks, but I've suggested to her that she get a couple of 'fair' quotes for repair. I'm not a mechanic myself, but I've estimated the repair bill to be around a third to a quarter of the initial quote (based on what I know about panel beating, parts, and respray costs). Apparently, there's no damage to the suspension or subframe, and the tracking is also fine. So, apart from a bumper, some internal bodywork, and a light cluster, the little fella is still good to go!

I've mentioned to her if she can keep the bill under 50% of the value of the car, then there's a good chance the insurance company will pay for the full repair and she can hold on to the car.

Anyway, I'll post again once things have moved along.

Mikeinho

Doodlebug_ wrote: »

I would be interested in the conclusion as the same thing happened to me last week, I was stopped with my indicator on to turn right, and a girl crashed into me from behind. she has admitted full responsibility and both cars hav been declared write offs. I am just waiting for her insurance to pay out. I was also wondering how do I go about claiming for personal injury? any help would be appreciated as I hav never had to go through this before. thank god

Before you rush in to a claim for personal injuries, please reflect on the fact that we all end up paying for your claim through increased insurance premiums.

For years, I have suffered from periodic neck and back pain, so you have my deepest sympathies if in fact you are in great pain. However, you may wish to concentrate on your health first, and have it properly diagnosed before proceeding with a personal injury claim.

As an example, if you are paid out a sum in relation to temporary symptoms, multiply this by 3 to 5 times to calculate the real life cost of the claim (inc. admin, legal, and health consultant fees, etc.), all of which has to be paid for by someone... that 'someone' unfortunately is all of us who buy insurance.

Perhaps there is someone here with more knowledge that will be able to tell you if a personal injury claim is time-barred. If so, you could give yourself that amount of time to see if you are free from pain before putting in a claim.

Anyway, I wish you a speedy recovery in any case.