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Advice needed! Car accident, disputed liablity and feeling conned!

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Comments

  • sh0597
    sh0597 Posts: 578 Forumite
    They have to pay you retail value unless they have genuine reasons for taking money off.
  • were there any independent witnesses to the accident??
    "You were only supposed to blow the bl**dy doors off!!"
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    edited 4 December 2014 at 1:54PM
    You could cancel the insurance claim with Admiral (you say damage is minor), and just carry on using your existing car while you claim off the third-party for damage to your own car. If the TP admits liabilty, it should go through his insurance, if not, and you have a good case, you could use the small claims court to pursue costs off the TP (who will pass it onto his insurer).

    I was in a situation once where I had to drive around with a badly dented wing for several months while pursuing the TP for damages and threatening court action because the TP would not report the accident to their insurers (didn't want to lose their NCB); eventually their insurers coughed up. Albany (un) Assistance didn't help I'm afraid once they learnt I wasn't interested in an over-priced lease hire that ultimately I could be liable to pay for.
  • Thankyou for all your advice, I have recieved a offer from admiral for substantially more than I was expecting them to give me. After a lot of arguing they have agreed to let me continue paying my insurance premium monthly so I will receive settlement minus my excess in the next day or so.

    I have hire car cover for total loss accidents, definitely the best thing I ever did, have a brand new car until middle of next week until I get sorted.

    Been looking at cars today and hoping to be in a position to purchase over the weekend, but will not buy a car for the sake of needing a car, want to make sure I'm getting a good deal. Thankfully my family and partner have been really supportive emotionally and financially so things are heading in the right direction.

    I have just started my claim against the other party for my excess, fuel and hire car damage waiver fee, the seem helpful enough but we'll wait and see!

    I willbe fighting liability all the way. Not accepting anything less than non-fault!

    Thanks for your advice again, I really appreciate it, been a stressful couple of days!!
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  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Your insurer should be fighting with and claiming from the third part for the full sum as they will then reimburse your excess and reinstate your NCB
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    arcon5 wrote: »
    Your insurer should be fighting with and claiming from the third part for the full sum as they will then reimburse your excess and reinstate your NCB

    Yes well what should happen and does happen can be very different things. In my experience you have to be prepared to do a lot of the work yourself if you don't want it all to end in tears.
  • Quentin
    Quentin Posts: 40,405 Forumite
    arcon5 wrote: »
    Your insurer should be fighting with and claiming from the third part for the full sum as they will then reimburse your excess and reinstate your NCB


    The excess you agree to pay if claiming off your policy is an uninsured loss, and not covered by your insurer.


    If you have any uninsured losses following a claim then it's down to you to reclaim these off any liable third party, and nothing to do with your insurer.


    If you have any "legal cover" with your policy you use that to recover your uninsured losses, otherwise either DIY or instruct a solicitor to handle it for you.
  • EdGasket
    EdGasket Posts: 3,503 Forumite
    'Legal Cover' with Admiral is with Albany Assistance and I already explained in my post above that they dont do anything to help reclaim losses, only want to sell you a hire car; as useful as a chocolate teapot.
  • Quentin
    Quentin Posts: 40,405 Forumite
    EdGasket wrote: »
    'Legal Cover' with Admiral is with Albany Assistance and I already explained in my post above that they dont do anything to help reclaim losses, only want to sell you a hire car; as useful as a chocolate teapot.
    You are mistaken.


    All admiral policies include legal cover for reclaiming uninsured losses. (Assuming you are likely to win a claim)


    (You do have to have an uninsured loss to use the service - you don't appear to have had one if your you refer to is #14)
  • Auxillis
    Auxillis Posts: 66 Organisation Representative
    Ninth Anniversary 10 Posts Combo Breaker
    EdGasket wrote: »
    'Legal Cover' with Admiral is with Albany Assistance and I already explained in my post above that they dont do anything to help reclaim losses, only want to sell you a hire car; as useful as a chocolate teapot.

    We would like to clarify that Legal Expenses Cover from Admiral is not provided by Albany Assistance Ltd.
    “Official Company Representative
    I am the official company representative of Auxillis. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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