Car write off - help needed please

grumpyworkmate

Hello

My Son was involved in an accident a couple of weeks ago and my insurer , AXA, have said the car is a write off. They have now asked a lot of questions including how much do i think the car is worth. I have a sum in mind but want to know answers to the following and would be very grateful for some help.

1 Am i expected to haggle with them in regards to how much they award me?

2. They are saying that they hope to settle on a split fault basis. 80% the other driver and 20% my son. We have an excess on the insurance of £900(he is only 19). What does this mean for us?

3. It appears we have the the same insurance company. I understand this happens a lot but i am worried about the conflict of interest and he was an older driver probably no excess.

Any advise would be great. Single mum and not a clue about these things.

Thanks in advance,
GWM

TSx

grumpyworkmate wrote: »

Hello

My Son was involved in an accident a couple of weeks ago and my insurer , AXA, have said the car is a write off. They have now asked a lot of questions including how much do i think the car is worth. I have a sum in mind but want to know answers to the following and would be very grateful for some help.

1 Am i expected to haggle with them in regards to how much they award me?

Look on Autotrader for cars with a similar mileage and age, they should be basing their offer on the cost to you of getting a replacement car. The FOS have a good article on this.

2. They are saying that they hope to settle on a split fault basis. 80% the other driver and 20% my son. We have an excess on the insurance of £900(he is only 19). What does this mean for us?

It will mean they will initially deduct £900 from the settlement, and once resolved your son should receive back 80% of this - £720 - if liability is already resolved they may just deduct £180 (20%) from the settlement figure.

3. It appears we have the the same insurance company. I understand this happens a lot but i am worried about the conflict of interest and he was an older driver probably no excess.

There are procedures in place usually to ensure that the files are dealt with separately and that the same procedures are followed as with a normal case. You can always ask the file handler for more information.

grumpyworkmate

Thank you very much. Very helpful and i feel a bit better about it all now.

spacey2012

What are the circumstances of the collision.
In what way was he responsible for what happened.

Quentin

grumpyworkmate wrote: »

..........They are saying that they hope to settle on a split fault basis. 80% the other driver and 20% my son. We have an excess on the insurance of £900(he is only 19). What does this mean for us?...........

Apart from him being able to claim back 80% of his excess from the other driver, he will also be able to claim back 80% of all his other uninsured losses he incurs (any hire car/taxi fares/loss of earnings etc), plus if he has any injury to claim for, 80% of any compensation awarded.

As far as his insurance premium in future is concerned this will count as a fault claim, and he will lose some NCD (assuming it's not protected) - none will be awarded for the current year, and he will lose 2 years off any he had at the start of the current year.

Sgt_Pepper_2

Sounds like son was a named driver so the op stands to lose any unprotected no claims.

forgotmyname

Does the policy state young and inexperienced drivers are not covered under the protected no claims part?

Mine does. Anyone under 25 or with less than 1 years experience and its not protected.

Also you need to be careful now. If he has another accident they may question how much he actually uses the car and how often you use it.

grumpyworkmate

Thanks all,

In regards to the accident. He was coming out of a side road and waiting to turn right. A transit van was travelling down the road, slowed down, indicated and started the turn into the road. A car came from behind the van, crossed the road marking into the other side of the road to overtake the van. Son pulled out and the car smashed into the side of him. The van driver was a witness and we have photos which clearly show the car on the wrong side of the road.

He was a named driver therefore i am expecting to lose NCB.

He had to take a week off work with whip lash. Its fine now though so not sure if we should mention this to anyone. Is it worth doing so? he back at work now.

Quentin

Getting 80% of his lost earnings plus compensation will be a considerable sum!

forgotmyname

Silly mistake to make. He may have learned that already.

Never pull out unless you can see clearly. Seems to be in his favour because the other driver was on the wrong side of the road. I wonder if he had a different insurer would they be arguing that he still had right of way because he was on the main road already?

What is it was a bike overtaking who squeezed past the van and stayed on the correct side?

When he has recovered smack him over the head with something heavy and say dont pull out unless you can see its clear.

rs65

Sorry, don't mean to sound negative but this may go against your son. I'm pretty sure there is case law on this - the only one I can find is Harding-v-Hinchcliffe.

I appreciate the other car was overtaking at a junction (which he shouldn't have done) but he was on the major road and had right of way over your son. I reckon 80% your sons fault and 20% the other driver.

A bit of research into the value of your car would be advisable. Hopefully you won't have to haggle but best to be prepared.