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Car hit in the rear...advise please???

Hi

My Dad is a named driver on my car. Whilst driving, he stopped at some traffic lights and was hit from the vehicle behind. The boot section of my car has been 'caved' in, and the rear light smashed. Not yet sure if there is any 'unvisible' damage.

I've only ever one minor accident before, whereby I believed at the time it was preety much an open and shut case. But of course, the other person denied all blame and, what seems like always, the insurance company said they had to go 50/50.

So it's left me a little sceptical about the whole insurance route.

Are claims any more straight forward when someone hits you from behind?
Or am I likely to face another 50/50 situation if the other driver thinks up some random story?

Thanks for any advice :(
«1

Comments

  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if dad didnt drive backwards to cause collision then hes not 1% at fault
    if your insurers are useless use an accident claims company but make sure you indemnify yourself against any costs

    this approach always kicks insurers up the derrier

    of course if you take my advice as always on insurance for cars you will already have legal protection insurance
    these guys are the men
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Do you have any reason to think the other driver is uninsured or bent?

    I can't believe that even the cheaper insurers would listen to that tale and do anything apart from pay out.
  • s_b wrote: »
    if dad didnt drive backwards to cause collision then hes not 1% at fault
    if your insurers are useless use an accident claims company but make sure you indemnify yourself against any costs

    this approach always kicks insurers up the derrier

    of course if you take my advice as always on insurance for cars you will already have legal protection insurance
    these guys are the men

    Totally my thinking...just hope the insurance company look at it in this sensible way!

    I'm with Churchill and have been for about 4 years now, but never claimed with them before, so have not yet had that joyous encounter.

    Regarding legal protection, I have paid £26.50 on top of my premium for Churchill Legal Assitance Service. Is this who you mean? And do I only contact them if Churchill start waffling the 50/50 speech, or god forbid, worse?
  • colino wrote: »
    Do you have any reason to think the other driver is uninsured or bent?

    I can't believe that even the cheaper insurers would listen to that tale and do anything apart from pay out.

    Well I wouldn't have a clue to be honest. I just worry that, like in many accident cases, the driver at fault will come up with a fob story, and the insurance company will take the easy route of 50/50, like another insurance company did to me 7 years back.
  • Quentin
    Quentin Posts: 40,405 Forumite
    In these circs, you could claim directly off the third party insurers.

    See if they have an innocent third party claims dept, and if so when they hear the story they should want to help!

    You can get your car repaired at your choice of garage, and they will provide a replacement car if needed.

    Doing this will save you having to pay and reclaim your excess, as well as any problem over your NCD being temporarily reduced whilst your insurer awaits payment from the third party if you claim off your own policy. (Especially if your renewal comes whilst the matter is ongoing)
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Totally my thinking...just hope the insurance company look at it in this sensible way!

    I'm with Churchill and have been for about 4 years now, but never claimed with them before, so have not yet had that joyous encounter.

    Regarding legal protection, I have paid £26.50 on top of my premium for Churchill Legal Assitance Service. Is this who you mean? And do I only contact them if Churchill start waffling the 50/50 speech, or god forbid, worse?

    yes ring them let them sort it
    do you need another car?
    let them sort you one if you do
    this is what your legal cover is for
    it may well take even over a year to get your excess back etc but keep all paperwork and at the end you will be reimburrsed for this excess
    i wouldnt deal with 3rd party if i was with churchill, thats why you insured with them?, to do the dirty work if needed as now, rather than some offshore hopeless insurer only contactable by dodgy phone line
  • Quentin
    Quentin Posts: 40,405 Forumite
    s_b wrote: »
    yes ring them let them sort it
    do you need another car?
    let them sort you one if you do
    this is what your legal cover is for

    No it isn't! You are mistaken.

    "Legal cover" is for reclaiming uninsured losses.

    They don't act as a claim handler! (But the insurer may pass you on to a claim handler (for a commission!) once they discover the liability all rests with the third party)

    If the OP finds the third party insurer doesn't want to help out over this, then mentioning you will use a claim handler may change their mind!
  • Ahhhh to go through Churchill or claim directly off the third party insurers? Different advice.

    Will Churchill make me pay the excess prior to the decision of who's fault it is? What would really 'P' me off would be to pay the excess, with the thinking that I will get my excess back eventually, and then Churchill hitting me with 50/50 or something else.

    Blimin' annoying though, that even when not at fault, you have to be out of pocket for such a long time!!
  • Quentin wrote: »
    No it isn't! You are mistaken.

    "Legal cover" is for reclaiming uninsured losses.

    They don't act as a claim handler! (But the insurer may pass you on to a claim handler (for a commission!) once they discover the liability all rests with the third party)

    If the OP finds the third party insurer doesn't want to help out over this, then mentioning you will use a claim handler may change their mind!

    When you say claims handler, who is this? (Apologies for my lack of knowledge on this matter)
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Quentin wrote: »
    No it isn't! You are mistaken.

    "Legal cover" is for reclaiming uninsured losses.

    They don't act as a claim handler! (But the insurer may pass you on to a claim handler (for a commission!) once they discover the liability all rests with the third party)

    If the OP finds the third party insurer doesn't want to help out over this, then mentioning you will use a claim handler may change their mind!

    Used legal asisstance via my insurers 3 times now, all been settled quickly to my satisfaction, they do all the paperwork including getting vehicle repaired if necessary or negotiating with 3rd party payment for salvage

    no accident was my fault
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