Drunk driver crashed into my car today

gemmylouise

I have not responded the the husbands 'how much cash' to fix it and I have started a claim with my company admiral. They asked me to have the car picked up and taken to a garage for assessment or to send photos of the damage.. I have opted to send photos for now to see if they class it a total loss from photos. I'm so worried they will not offer me the true market value and I won't be able to avoid to buy the same equivalent car 🙁

Blackbeard_of_Perranporth

Check your legal cover.

Also, if car is on finance, you should have gap cover to pay any shortfall if car is written off, then you can use finance again to replace your car.

Otherwise, you would have to use your legal cover raptors recover rather incidental losses.

We done for starting the claim. The insurance company carries a bit more clout against the other driver, than you do. They will want to recover their losses in the same way as you!

magpiecottage

I think you ought to go with your own insurer in the first instance - if only because you have recourse to the Financial Ombudsman Service if any repair is unsatisfactory.

As the other driver was drunk, she will be liable so your insurer will take it up with the other insurer. The other insurer can then look to get the money back from the other driver if they so choose - but it is not your problem.

jobdone1

She in for a big Bill. When his trade policy pays out they will then claim the money back from her as it invalidates her policy when she drinks and drives. This does not affect the third party being payed out it as said means they will recover costs from her ouch

lush_walrus

Things may have changed but 15 or so years ago I was hit by a drunk driver. He was prevented from running off by a local person who held him Police came arrested etc. He was insured however his policy was null and void by the fact he was drunk. I had to employ a solicitor (an independent one not linked to my insurance) and they argued the case for me. It took 3 years to settle in the end and in the last 4 months of that was the first moment our solicitor managed to argue his insurance was not null and void on a technicality. Our situation was complicated by both my passenger and I were in the car at the time and had broken bones as a result of it. The man who hit us was in prison for drink driving within a week of hitting us after a prior drunk accident where he killed a young girl so a bit more extreme.

Given the choice to go back I would have taken the cash rather than involve insurance and got it over and done with especially as no injuries were sustained. Maybe find out who their insurer is anyway and look into their policies on cover for drink drivers before you decide one way or other.

wongataa

lush_walrus wrote: »

Things may have changed but 15 or so years ago I was hit by a drunk driver. He was prevented from running off by a local person who held him Police came arrested etc. He was insured however his policy was null and void by the fact he was drunk. I had to employ a solicitor (an independent one not linked to my insurance) and they argued the case for me. It took 3 years to settle in the end and in the last 4 months of that was the first moment our solicitor managed to argue his insurance was not null and void on a technicality. Our situation was complicated by both my passenger and I were in the car at the time and had broken bones as a result of it. The man who hit us was in prison for drink driving within a week of hitting us after a prior drunk accident where he killed a young girl so a bit more extreme.

Given the choice to go back I would have taken the cash rather than involve insurance and got it over and done with especially as no injuries were sustained. Maybe find out who their insurer is anyway and look into their policies on cover for drink drivers before you decide one way or other.

Insurance companies cannot get out of paying 3rd party claims - which yours was. If their driver was drunk then they may not pay out for their driver and then sue them for the third party costs.

My insurance documents states that if I am drink driving they will pay all the third party costs, not pay me for any damage to my car and then reclaim all the costs of me.

magpiecottage

I would look into what loading was likely to be added to my own insurance over the next five years as a result of the incident and add that to my claim.

Also add any costs due to your own car being unavailable to you.

huckster

People have tried in court to get the increased costs of Insurance due to loading and have failed. Judges can only deal with current losses and won't consider an unknown. People won't know increased Insurance costs because Insurers won't have calculated rates years ahead. Also it is always up to claimants to mitigate potential losses, by in this case shopping around.

Andrew_Ryan_89

Don't insurers have a time limit in regards to claims? Needing to be informed within 48 hours or so of the incident being discovered? I would say just go through the insurance but if it looks like the guys life will be ruined, go to a garage, a BMW specialist ideally and get a quote and give him 24 hours to pay it.

The drunk driver will be off the road regardless.

Blackbeard_of_Perranporth

To be fair, yes the Drunken Clot is not insured, but OP is. They should and will use their insurance to cover their losses.

The insurance company carries a lot more clout, and hence will certainly go after the other party to reclaim their losses.

In simple terms, this is why you pay insurance.