Car write off - help needed please

BertTheRaccoon

There are always exceptions and distinguishing features to each accident, depending on the vehicles involved etc.

I agree that the overtaking driver copping for 80% liability here is a good result for the kid pulling out.

Harding v Hinchcliffe(1964) was a 50/50 outcome but involved a motorbike overtaking a bus that was turning left

Farley v Buckley - the overtaking vehicle got clobbered for 100%, but the court of appeal upheld the decision duly stating the original trial judge was entitled to come to that decision, whilst at the same time commenting that the vehicle emerging wasn't entirely blameless.

rs65

BertTheRaccoon wrote: »

Harding v Hinchcliffe(1964) was a 50/50 outcome but involved a motorbike overtaking a bus that was turning left

Are you sure? All references I can find say 100/0.

BertTheRaccoon

rs65 wrote: »

Are you sure? All references I can find say 100/0.

Indeed you are correct, I must have had a brain fart there (was rushing to type a response before running out to pick up a takeaway) :whistle:

I meant Worsfold v Howe (1979) But as you can see, many of the cases have features that can be distinguished.

vaio

Farley v Buckley is the most up to date and, if followed, would place all the blame on the overtaking car.

It's what I'd be arguing if I was the OP

Argos74

Am surprised the insurance company are asking you what you think the value of the vehicle is. My understanding is that the assessor would take a value from industry price guides - Parkers, Glass - and make adjustments for mileage, condition, and so on. This sounds like a novel approach, certainly one I'm going to suggest to my supermarket - "How much do I think I should pay? Well...."

Liability / circumstances. No clue. I'm always ultra-cautious when coming out from a minor into a major road though. Better to have five minutes on my journey than five months in traction.

As regards both vehicles being insured by same company, the handlers cannot look at the other party's claim record, and have to treat the third party insurer exactly as if they were another insurance company altogether, i.e. phoning, writing and disputing/discussing circumstances and liability. Is not unknown for proceedings to be issued in some intracompany cases.

grumpyworkmate

Thanks everyone. I agree that he has some fault here and think we got a good deal with the 20/80. Think his inexperience has shown its self here.

Just waiting to see what they come back with. Had a look at Parkersburg guide and asked for a bit more than stated so shall see how it goes.


Really pleased with all the help on here. It's been great. Thanks guys

grumpyworkmate

just got this from the insurance company

Themarket value of the car has been assessed at £1900.00, from which we willdeduct your policy excess of £900.00 leaving a settlement figure of £1000.00. However, we will also deduct the remainderof your annual premium and/or finance owed by you relating to this vehicle,where applicable and in accordance with the Terms and Conditions of yourpolicy. Please note that your policy will then be fully paid, and as youhave made a claim, you will not receive a refund. However, you may change thevehicle on cover for the remaining duration of the policy.is from the insurance company.

can they do this with the excess when it has not even been sorted out yet?

chanz4

yes, you then have to recover the excess for the percentage

Quentin

grumpyworkmate wrote: »

just got this from the insurance company

Themarket value of the car has been assessed at £1900.00, from which we willdeduct your policy excess of £900.00 leaving a settlement figure of £1000.00. However, we will also deduct the remainderof your annual premium and/or finance owed by you relating to this vehicle,where applicable and in accordance with the Terms and Conditions of yourpolicy. Please note that your policy will then be fully paid, and as youhave made a claim, you will not receive a refund. However, you may change thevehicle on cover for the remaining duration of the policy.is from the insurance company.

can they do this with the excess when it has not even been sorted out yet?

Your excess isn't covered under your policy.

Contact the third party to claim back your 80 %.

Before buying a new car first check with your insurer that they will cover it.

grumpyworkmate

Thanks

Still very confused by this all and insurance company not being very helpful!

How do you know that the excess is not covered in my insurance policy. Have i missed something?

Thanks again