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Please Help

Hi all I really hope someone can give me some honest answers and advise me on what to do.

On the 04/11 a car pulled out of a t junction without looking and went into the side of out car he admired liability at the scene and we swapped details. My husband then called up our insurance (we are fully comp) and once he had explained what had happened they said as he is clearly not at fault they were passing him on to easidrive who would sort everything out for him.

So this is what happened they delivered a courtesy car the same day and sent someone out to assess the damage to our car a couple of days later all ok we thought, the on day 4 when we called for an update we were told that the other driver in fact is not admiring liability as he said that he was already pulled out in the road and we tried to go round him onto head on traffic! Easidrive said it's a ludicrous claim and even if that had happened he would still be liable so they are still perusing it. I asked what would happen if his insurers never admit liability and they said worse case scenario it goes 50/50 as there was no witnesses I asked who paid for this hire car we currently have and have repeatedly been told they recover that from the third party if it went 50/50 they would recover 50%of the costs from third party and take the other half on the chin as they only take cases on that they are confident they will win and the cars they are hiring out belong to them anyway.

It's note 17 days on and we are no nearer conclusion and I've read horror stories about hire cars being claimed back from the claimant when theses accident management companies fail to recover it back from the third party. I asked for this in writing and they just keep repeating that the only time it would come back to us would be if we gave fraudulent information but are refusing to put that in writing.

What can I do now I don't know how to get out of this as from my understanding if we insist on them taking the hire car back now we would have to pay the 17 days we've had it (760).

Please can someone advise me on what to do I wish we had just claimed through third party now but the insurance company made it sound so simple and cut and dried so we just went with it.

Comments

  • forgotmyname
    forgotmyname Posts: 32,952 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    17 days is nothing in insurance. My mum had a no fault accident with several witnesses and that took 2 years to settle.

    You wouldnt have been able to claim directly from the 3rd party because they now deny liability. You would have had to do all the chasing yourself.

    Just let the insurance keep at it and keep rejecting anything less than 100% their fault.
    Censorship Reigns Supreme in Troll City...

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'd be on the phone to the guy asking what he's playing at.

    Not sure how his statement changes things though.
    1. If he had already surely damage would have been to his rear quarter rather than what I suspect is his front?
    2. If he pulled out it would be reasonable to want to swerve around him surely? Still his fault
  • Aretnap
    Aretnap Posts: 5,871 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The horror stories are in the main just horror stories. The terms of the hire agreement will be in documentation which you (presumably) signed when you collected the hire car. In the vast majority of cases they only give the hire company the right to recover hire charges from you if you misled them, ie if you led them to believe that your case was stronger than it actually was, or if you don't assist them as necessary when they come to recover the money from the third party insurers.
  • that reminds me of a claim I had years ago which eventually went in my favour.


    I was driving down a single track road(photo below) at night when a car drove straight out of the junction to my left smashing my front wing and knocking me into the wall to the right.


    kjhjkhkj_zpsd9b47481.jpg


    He was all apologetic at the scene but then as per your situation, when he saw how much a fault claim was going to cost him, he decided to lie.


    His statement to the insurance read "I came to the junction, looked to my right and it was clear so I turned left. Within seconds I heard the scream of an engine and then a car tried to overtake me and crashed into me". Its a single track road so impossible to overtake but he was obviously desperate to shift the blame onto me.


    After a year or arguing through the insurance, he finally remembered what happened when he received a court date.


    Due to that accident I know have a dash cam installed. Hopefully I wont need it but if something happens again like that, I will be so thankful that I spent £60 on a dash camera.


    Good luck with your claim.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kirkofski wrote: »
    that reminds me of a claim I had years ago which eventually went in my favour.


    I was driving down a single track road(photo below) at night when a car drove straight out of the junction to my left smashing my front wing and knocking me into the wall to the right.





    He was all apologetic at the scene but then as per your situation, when he saw how much a fault claim was going to cost him, he decided to lie.


    His statement to the insurance read "I came to the junction, looked to my right and it was clear so I turned left. Within seconds I heard the scream of an engine and then a car tried to overtake me and crashed into me". Its a single track road so impossible to overtake but he was obviously desperate to shift the blame onto me.


    After a year or arguing through the insurance, he finally remembered what happened when he received a court date.


    Due to that accident I know have a dash cam installed. Hopefully I wont need it but if something happens again like that, I will be so thankful that I spent £60 on a dash camera.


    Good luck with your claim.

    Yep, hopefully never need to call up on one, other than to relive some fab journeys. I feel uncomfortable without mine on the go now.
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