maries needs help help

mariecc_2

hi all can anyone help.... I was rear ended big style just over 2 weeks ago.. told insurance police did everything as did fire brigade and ambulance men.. scene

car hit me who was standing still propelled me 15 into other stationary car....

my insurance had what i knew which was nothing only what i heard at scene. I gave them what I thought was correct reg's police was involved.... passed to company called quindell who then deal with hire vehicle... they have refused because can't assetain fault.. ins didn't pass on any info. should i name my insurers who are pants and why should i have to teach and tell them what to do ????

So solicitors want to go through injusury claim as I was pretty well smashed up in face to claim off no one.. car valuer wants all details off services

My question is why? my car is a total right off services guys told me it did its job and saved me.... it is smashed at the back smashed at the front . in imacluate condition so why the questions???

claims solicitors quick off the ball but I don't know how long or if there will be any come backs on my injuries still swollen in face and sever pain in neck and lower back.....

anyone know wht i should do should i continue to hire care until ins company get some brains or what??? what are my rights and stuff

sorry to waffle... thanks

forgotmyname

Do you have comprehensive insurance or 3rd party?

If your policy is like mine then a car is only provided if my vehicle is being repaired or they can claim the costs back from the other side.
If the car is beyond repair or doubt on who was at fault then no car for me.

Insurance can be very slow, my mums non fault accident with several witnesses took 2 years to finally settle.

muppet610

Hi Marie,

It is awful to be involved in accident and this sounds like quite a bad one.

As the previous poster has sort of confirmed. Courtesy car cover (if it is included as some cheaper and some cheaper/ internet policIes don't) is only provided on Comprehensive policies (which cover damage done to the vehicle) for the duration of any repairs (subject to the insurer's approved repaired being used). The cars are provided by the repairing garage as a courtesy for using them. Therefore if there are no repairs, there is no courtesy vehicle.

Your representatives are however right NOT to put you in a hire car if they can't establish liability for 3 reasons and they are trying to protect you.

Firstly they may have to pay for the hire car and if they can not guaranteed to get the money back they may have to stand the money themselves which as nice as they as may be they won't do.

Secondly because any claim made against the other party would have to be made in your name as a loss by you, ultimately you could become responsible for the hire car charges.

Thirdly I'm not sure if it still applies but there used to be a credit hire law which meant that after 365 days, the bill becomes due (which is why companies such as sofa retailers can offer interest free credit with nothing to pay for the first year but after 365 days something must be paid). As such if the company does not establish liability, you may again become liable for the bill after 365 days.

Awaiting an admission of liability would mean that the third insurer will be prepared to pay the charges and if you have got a legal expenses or after the event policy, your representative can fall back on this even if the third party insurer refuses to pay for all of the hire car costs. (If liability is not established, they can not fall back on this policy)

Nb the admission of liability liability has to come from the other parties insurer so it is irrelevant as to whether your insurer have passed all of the information on. Until the other parties insurer are happy that their insured are responsible, they will not admit liability. It maybe that they need to speak to their client first to establish their version of events before they do and most insurer's will give a reasonable period of time before they make a decision over liability.

Imagine if you were involved in an accident which at best was a 50/50 claim and possibly not your fault but your insurer admitted liability on your behalf because you had not reported it within a few days (eg. you mat be in hospital and unable to do so). I'm sure that you would not be happy.

Whilst I appreciate this incident was not your fault, the third party insurer's were not there and need their clients version of events to ensure that if they do pay out it is on the right basis. nb A police or fire report may back up your version of events but there us a charge for the production of these reports and there is a usually a wait of approx 6 weeks from when the report is requested to it being received by an insurer.

I would however keep any receipts for any hire car charges that you have. If liability is established then your representative can attempt to claim the costs back. Please be aware however that as you are hiring before the third party has admitted liability that they may not agree with the hiring rate that you have got and as such may not make a full recovery of your outlay. Please speak to your representatives for more advice.

With regards to your comments about the insurer asking for service details. This will help them to assess what the vehicle was like pre-accident and any service history will help to show the immaculate condition and boost the write off value so I would give the insurer/loss engineer as much info as you can.

I do hope that you are insured with a broker and if so, go and have a chat to them. They are on your side and whilst they might not give you the answers you want to hear, they will be honest with you. If you are direct with an insurer or have done things online then unfortunately the same level support may not be there as this is one area that saves customer's in premiums but is no good if you have a serious incident.

Hope all goes well.

magpiecottage

Keep receipts for public transport if you are forced to use that as well.