Non Fault Accident - Albany Assistance Advice Please.

Nessica81

Hi there,

I really hope someone can help me as soon as possible as am now worrying a lot after doing a google search...

I was in a non-fault accident last Monday where a girl drove into the side of my car. She admitted liability at the time and I believe that she has admitted fault to her Insurance Company too (Diamond) I contacted my insurance company (Hastings Direct) who directed me to Albany Assistance to deal with the repair and hire car.

My car is now in the Garage and is a potential write off. I signed a credit agreement with Help Hire through Albany Assistance on Tuesday to get use of the car. It's only after sitting down tonight and reading everything properly (I know...) that I have found out that I am liable for the cost of the hire car if the 3rd party believe the costings are too high. The hire car is being costed at £113 per day!

I received another letter from Albany yesterday regarding the completion of repair to my car/write off info if relevant. There is a legal form to sign with it and am wondering wether I should go for it or not?

The 3rd party insurers contacted me but Hastings and Albany told me not to speak to them in any circumstance. I've also received a letter from them saying they will sort repairs/give me a hire car at no charge etc....

I've googled Albany Assistance tonight and am sitting here petrified that I am going to have to pay out lots of money (which I categorically don't have!) for an accident/hire car that is not my fault.

Has anyone had any experience of them and clues as to whether I continue with them or send the hire car back tomorrow (who would bear the cost for hire since delivery last Wednesday?!?!) or do I contact the 3rd party insurance and ask them to send me a car???

I'd really appreciate some help on this one as really have no idea where to turn or what to do next.

I'm also panicking that the valuation for my car will be low if written off and how to then get a similar and if it is written off how soon would I get funds?

Many thanks in advance for any wise words.

Vanessa

dacouch

Are you claiming for injuries?

Nessica81

I've not pursued anything at present. Both myself and my mother who was in the car sustained whip lash but haven't done anything as yet.

Does that affect what I do?

thefishdude

i have been with albany assistance all way through to the very end sitting infront of a judge proving i couldnt afford my own car.


bascially they get youa credit hire car this is so they can make money. i had to sign a form with guaranteed i did not and would not have to pay anything of my own money even if they provd i could afford a car of my own ( which i couldnt)

the two sides will battle it out albany will sort stuff and there will be a fee for the car, the other side will probably object to the charges. even ually if two sides cant come to agreement you have to go to court with a solicitor from albany and give them as much help as you can to prove why you needed a credit hire car. its more of ameeting in judges chambers but there is bascially you your lawyer other sides lawyer and the judge. the other side will argue that the costs for the hire car were extorinate basically and if they win the case albany dont get to charge ther eprice and are stuffed how ever as i said early you will have all ready ( should have ) signesd form that lets you off all this and it should of al been explained to you.

i ended up in court and my side won tbh it was a little stressfull but i really couldnt afford to be with out a car or afford my own hire car while things were sorted due to no money lol.


the main issue is that the other side will say they could of got youa a car cheaper and its yoru duty to try and limit the costs involved in the case. and if it goes to court this is partly there main attack at you and they will also ask to see all your financil bank accounts and wage slips so as to prove you baically arnt rich and could get your own car.

MAKE sure you have this immunity thing wich guarantess you wont have to pay anything. check with albany get it clarified if you have tha even if you lose case you dont pay but its in the contract with alban that you have to assist them anyway you can to get there money back ie go all way to court.

if court is on the cards then you loooking upto 12 months before its finally settled and my insurance company kept the excess untill this was all sorted.

dacouch

As you have seen from your search of the Internet, Albany are somewhat slow in dealing with things.

Often with Albany handling the repairs / write off, this will take a lot longer than normal, obviously this racks up higher credit hire car charges which a cynic might form the opinion was intentional.

You can go direct to the other Insurer, who will fall over themselves to get you out of a car costing £113 a day for which they could probably hire the equivalent car for nearer £35 a day. They will normally agree to pay any charges to date run up with Albany.

The other Insurers will even handle the write off of your car.

They will offer to handle any injuries, in theory they would settle injury claims at the maximum you can get. In reality you generally get less.

You can use whichever legal company you want for the injury claim, you may have a local solicitor, or if you're a member of union they will normally have in house legal team to do it for free, there are even companies who will give you cash back if you use them. (Claims companies often pay £500 commission to the provider of business for them eg Hastings, some will cut out the middle men and give you a hefty slice of this).

BertTheRaccoon

To the original poster...

Albany are very unlikely to come after you for any contribution towards the hire, so long as you co-operate with the claim and do not take any action which could prejudice their position, such as take your time with stuff which causes a delay with the write off settlement for your vehicle. By this I mean delaying sendig in documents that may be needed such as vehicle documents (as this could cause them to have to accept a reduced period of hire charges from the other side).

Yes, on paper you have signed a rental agreement that makes you personally liable for the charges (and you get 51 weeks credit before the charges could be sought from you, but this very very rarely happens). You have to have a liability for the charges so that they can be recovered as a loss you have sustained.

The rates charged by companies like Helphire are above average rates for the equivalent car from a high st operator, because they take a risk in hiring to you when there is no absolute guarantee they will recover the charges from the other side. Plus they have to wait a while to get paid by the insurers.

The reason the chap above ended up in court on behalf of Helphire was that the third party in that case challenged the rates of the hire company and to get the full rate awarded by the judge, the hire company (and you) have to show you were impecunious (of limited means). The argument being that if you could not have reasonably afforded to hire yourself in the open market place without incurring exceptional sacrifices financially, then you were justified in hiring from a credit hire company.

If you have a load of savings, a court would rule you could have afforded to hire on the "spot market" and Helphire would only be awarded the equivalent high st rate.They do not then come back after you for the shortfall.

If you are days from getting a write off settlement, you are probably just aswell staying put as the above points I have made about the rates will come up anyway. What I would do is just keep hassling Albany/ Helphire about news of the inspection and write off valuation.

You can still tell Helphire you are going to approach the third party insurers directly and that you do not want their car any longer. You have a 14 day right of cancellation under the terms of your rental agreement. Send the notice back to them if you want to cancel, send it by recorded delivery and possibly fax it. Only do this if you are 100% certain the other side are admitting liability otherwise you'll end up with no car if the other party's insurer is not accepting liability and isn't interested in helping you.

BertTheRaccoon

If your injuries are minor and you reckon they'll be gone in a few weeks, then by all means deal with her insurers directly (but be aware once you accept an offer of say £1500 they will probably make to you without seeing any medical evidence, that is your injury claim settled "full & final"). If your symptoms last for in excess of 4 months or so, or deteriorate, you have short changed yourself and can't revert to them for any more compensation later on.

If you are in any doubt as to what to do on the injury side of things, speak to an independent solicitor.

newfoundglory

My experience of Albany was back in mid-2010 after a non-fault accident (someone into back of my car at roundabout)

Admiral passed me onto Albany.

Due to complexities of the issue at the time (namely, I didn't get the NAME of the person who was driving) - After several weeks it transpired Albany couldnt handle the case, and passed it back to Admiral (who were fantastic, I might add, and didnt charge me my £500 excess). Everything was wrapped up within about 3 or 4 months I recall, and liable party paid up.

Now, firstly, I don't really understand the point of Albany. Just because you claim/didn't claim on your own policy might not impact on your premiums in the way you expect - you still have to declare the accident - and those in non-fault accidents are in fact charged higher increased premiums over those who are actually AT-fault. I checked this myself.

Admiral charge me £25 for legal cover, yet receive "commission" from Albany.

At the time my manager at work also had issues with Albany for a non-fault accident that had been ongoing for well over a year!! Issues with overcharged car hire etc. and were told they would have to go to court!

In the end I was glad Admiral sorted it; i'm still not sure "legal cover" is really what it appears to be.

chanz4

Albany will say not to deal, as they have £££'s to make by telling you this. Hastings will also be getting a back hander. p.s photo your car as they will try and claim damage.

Hastings_Direct_company_representative

Hi Nessica81,

Thanks for posting, I hope that you have found answers to some of your questions. If there is anything that I can do to help please feel free to get in contact with me. I will ensure that our team runs through the process with you to reassure you on any points of concern. [EMAIL="socialmedia@hastingsdirect.com"]socialmedia@hastingsdirect.com[/EMAIL]

Many Thanks,
Jamie

chanz4

Hastings_Direct_company_representative wrote: »

Hi Nessica81,

Thanks for posting, I hope that you have found answers to some of your questions. If there is anything that I can do to help please feel free to get in contact with me. I will ensure that our team runs through the process with you to reassure you on any points of concern. [EMAIL="socialmedia@hastingsdirect.com"]socialmedia@hastingsdirect.com[/EMAIL]

Many Thanks,
Jamie

Why does Hastings use a company that puts peoples insurance up, by charging such ott rates?