Advice needed on no fault accident - Hastings Direct

littlerock

My nephew was sitting stationary in a queue of traffic ten days ago when a car pulled out to overtake and hit another car causing it to spin and hit my nephews car. He was unable to drive it so it was pushed over to the side of the road and the AA came out and towed it to his garage. From there his insurance company (Hastings Direct) picked it up.

A few days later (not having been asked to complete any sort of accident report) he got a letter from his insurers saying it was not thought economic to repair it and it probably would have to be written off. (There was no indication of the damage found.) The letter said they would need to assess the value but he should be aware that his excess (£450) would be deducted from any valuation.

He was asked to send them his log book MOT and service record. By the same post he received a letter from the salvage company (ASG?) asking for his log book, MOT and service record.

He works as a chef so it is difficult for him to call in working hour but when he got through a few days later he was told the car had been written off two days after it was collected from his garage. He has still no idea on what grounds and has still not been asked to complete an accident report. His insurers have made no offer to reclaim the excess from the other driver.

Is this correct procedure? It appears they are treating it as his fault when he was stationary and not involved in any way except by being hit by another car driven badly.

PS He also had what he describes as a " very aggressive" call from a company offering to arrange a temporary car but he would have to give them 14 days notice that he wished to stop using it or be liable to pay the difference. He declined.

forgotmyname

Is he claiming from his own insurance or the 3rd parties insurance? He may have been better off claiming directly from the 3rd party.

Was he comprehensive or 3rd party?

Probably too late now. He will get calls offering him a free car because they will charge the insurance a fortune per day for it.

Which vehicle hit him the innocent one that got spun around?

littlerock

He informed his insurer that his car had been hit in a no fault accident and assumed they would deal with it. I think he was hit by the innocent car which was spun round. His policy is comprehensive.

atrixblue.-MFR-.

littlerock wrote: »

He informed his insurer that his car had been hit in a no fault accident and assumed they would deal with it. I think he was hit by the innocent car which was spun round. His policy is comprehensive.

did he provide the details of both the other vehicles, I assume when the accident occurred he got out and then collected both the vehicles registration numbers for his records and got details of witnesses?


I then assume he contacted his own insurance company and gave details of the accident and gave them the reg number and addition details of any witnesses?


If he took no information from the other drivers and provided no reg numbers to them they would treat it unrecoverable losses where he has to pay his excess unless he provides details of the at fault party.


paying an excess is standard until some admits liability then he will be refunded that excess once liability is established.

littlerock

Regarding the car being a write off, should he be given any reason for this and had any opportunity to challenge it?

Car_54

littlerock wrote: »

Regarding the car being a write off, should he be given any reason for this and had any opportunity to challenge it?

The only reason can be that the cost of repairs exceed the value of the car.

The insurer's idea of the car's value will probably be less than your nephew's. To challenge that, he needs evidence, like adverts for similar cars with the same age and mileage.

Quentin

He can't argue about their decision not to repair it.

But can challenge their valuation if he disagrees with it.

His excess is payable and he should pursue the liable third party to reimburse him along with all his other uninsured losses

If he has legal expenses cover with his policy he can get them to do this for him. Otherwise he will need to do it himself

littlerock

The car was not seriously damaged externally just would not drive. . Can he ask his insurer to tell him what damage was found and assessed cost of repair? His friend owns a garage and could possibly repair more cheaply if damage is not major What is potential for him to have the car inspected and recovered for repair (if friend could do it at economic price)?

He has not been offered a settlement yet let alone accepted one. would he be better off following up with other party's insurers?

atrixblue.-MFR-.

littlerock wrote: »

The car was not seriously damaged externally just would not drive. Nephew has friend who owns a garage. What is potential for him to have the car inspected and recovered for repair (if friend could do it at economic price)?

Then he should check his policy terms and conditions most likely for the privilege to take to his own repair garage it would cost him an additional £250 excess and his own recovery fee's, he is entitled to a second opinion of the estimated repairs. I must stress that even if a car looks and appear to be externally minimal damaged behind those exterior panels is the core of the car damage to these can be extremely costly and time consuming to repair, my suspicion is that the engine has taken some impact damage and this is the reason for writing it off, not because it looks fine externally. insurers are not in the business of "betterment" which would be putting a brand new engine in it. if the engine took a hit and has a crack there is no way to repair the crack in it, putting a new engine in it would fix the crack but also make it betterment as the usual wear and tear oil leaks etc would also be eliminated making it "betterment".

littlerock

Thanks for that. He realises there may be engine damage but at present he has no idea what the damage is and if there is even potential for a repair. He fears it may have already been taken to salvagers (in north east) although he lives in Bucks. Salvagers have written asking for log book Mot and service history which makes us wonder if they are planning to repair it

As he has not agreed any settlement could he withdraw claim and chase third party's insurers instead

atrixblue.-MFR-.

littlerock wrote: »

Thanks for that. He realises there may be engine damage but at present he has no idea what the damage is and if there is even potential for a repair. He fears it may have already been taken to salvagers (in north east) although he lives in Bucks. Salvagers have written asking for log book Mot and service history which makes us wonder if they are planning to repair it

As he has not agreed any settlement could he withdraw claim and chase third party's insurers instead

Until a payment is made for the vehicle its still his. its standard practice for the salvage yard to request the items from him as they already would have paid hastings salvage fee's but the car would not be touched until the salvage yard know the vehicle is rightfully theirs.


By withdrawing his claim now he maybe liable for the costs of the current insurers outlays, recovery, storage, and so on, he would then have to claim this from the third party insurers as expenses when they admit liability IF they admit liability. its all about the terms and conditions of his policy.


the car maybe in a local co-part salvage yard and head office up north who contacted him, they wont have trawled it half way up the country it will be located somewhere local to the accident site in a salvage yard.


this could end up in sticky mess if he's not careful, its OK to go through thirsparty insurers, but its a quick decision you have to make on the day, not change minds when insurers are about to pay you off for the car.