Advice Request - Victim of Non-Fault Accident

SampleX

AdrianC wrote: »

...and if the established arbitration procedures (the financial ombudsman) haven't been exhausted, the court will not view it kindly. If they have been, and you're still arguing, then the court will really not view it kindly.

Yes, and I wouldn’t go small claims anyway. I could win. And then she could decide not to pay.

It’s a system that’s only as good as people being prepared to submit to it. By experience it easily becomes a long nightmare of constantly forking out for never ending efforts to make them pay which are still no guarantee of meaningful payment anyway.

Ombudsman has been spoken to, and am aware of the procedures and how long they are.

AdrianC

SampleX wrote: »

Yes, and I wouldn’t go small claims anyway. I could win. And then she could decide not to pay.

And then she's got a CCJ and bailiffs to deal with.

It’s a system that’s only as good as people being prepared to submit to it. By experience it easily becomes a long nightmare of constantly forking out for never ending efforts to make them pay which are still no guarantee of meaningful payment anyway.

The alternative is... what? Sending some DIY heavies in to intimidate and threaten? That rarely works well, does it?

EdGasketTheSecond

SampleX wrote: »

Yes, and I wouldn’t go small claims anyway. I could win. And then she could decide not to pay.

It’s a system that’s only as good as people being prepared to submit to it. By experience it easily becomes a long nightmare of constantly forking out for never ending efforts to make them pay which are still no guarantee of meaningful payment anyway.

Ombudsman has been spoken to, and am aware of the procedures and how long they are.

No that is not correct. Assuming she is insured, her insurers would take on her case and pay out any settlement decided by the judge or even make a pre-hearing offer to you.

Sparkychap

SampleX wrote: »

Please help...

I need advice.

I’m a private hire driver and operator licensed under my local authority.

My car is my business and has a vast amount of investment beyond its market value.

I have a specialist private hire insurance policy.

At the beginning of December I was hit in the side by an inexperienced driver engaged in a dangerous and unlawful maneuver. Photographs establish clear liability.

However, my insurers assigned claim management firm have tossed around for a month and done nearly nothing for me. I didn’t get a rental vehicle until the 27th. They’ve just told me they’re writing my 2010 7 seat full size top spec MPV off and are paying me £3000.

This is going to put me out of business.

They’ve told me the money will buy me an identical vehicle.

First, it won’t. Cheapest identical spec at identical age I can find on average is £7k.

Second, my local authority won’t licence a vehicle over 4 years of age. Cheapest equivalent 4 year old 7 seat full size MPV for my airport transfer business is around £13k plus about £500 licensing fees...

This driver’s actions have literally put me out of business at my expense, and my insurer doesn’t give a toss... they’re stuck on trying to fast track me into accepting £3k plus whatever they can claim for a mild neck/shoulder discomfort. They’re reluctant to even talk to me about loss of earnings.

Surely I have a right as the victim of a non-fault to expect to be restored to full working capacity before this driver’s stupid actions?

Can you advise me, please?

I know someone who bumped into a taxi driver. It was their fault they were coming out of a side street. Minor scratch on taxi could have been covered with a sharpie pen. At fault driver, slight scratch on wing mirror not worth claiming for but they did report the accident to their insurance company within the hour. Was really nice of the taxi driver to claim £3000 for personal injury (especially as he was out on the road in his taxi the next day and the next day!) Sadly the insurance company decided the evidence he submitted from a private doctor for his injuries entitled him to personal injury compensation.

stator

SampleX wrote: »

Yes, and I wouldn’t go small claims anyway. I could win. And then she could decide not to pay.

It’s a system that’s only as good as people being prepared to submit to it. By experience it easily becomes a long nightmare of constantly forking out for never ending efforts to make them pay which are still no guarantee of meaningful payment anyway.

Ombudsman has been spoken to, and am aware of the procedures and how long they are.

You take her to court, she forwards the paperwork on to her insurer, they take over the case. They will almost certainly send you a revised settlement offer. If that's not acceptable you go to court. The judge makes a decision. The insurer pays you what the judge orders.
As long as you obey the rules and act reasonably, you'll be fine.
If you act unreasonably, the judge may penalise you. But this is rare.

debtdebt

Give us a clue and tell us the make, model, trim level and mileage of your exec mobile.

JMW77

I could of written this myself, I was too in an accident last week and had my minibus that cost £12,000 + Vat two years ago ago written off, not officially had the word yet but was spun on the motorway and damaged three sides so undoubtedly unrepairable.
This vehicle only had 100,000 miles on the clock and we would of expected to get another two years out of it at least as we run them till 250,000 as a rough guide line.

We now know will will get a payout which will mean we are massively out of pocket , and will need to find a new vehicle and have to find thousands + the VAT which we can't claim back.

So I understand the original posters frustration as not the guilty party having to loose out financially.

It is going to cost us a fortune to get back on road .

AdrianC

It might have cost you £14,400 two years ago, but what was it worth at the time of the collision? That's the amount the insurance should be paying, plus directly incurred costs (so long as you've taken reasonable steps to mitigate them).

NBLondon

AdrianC wrote: »

It might have cost you £14,400 two years ago, but what was it worth at the time of the collision? That's the amount the insurance should be paying, plus directly incurred costs (so long as you've taken reasonable steps to mitigate them).

Thinking again - you may have hit the key point back in post #14

AdrianC wrote: »

A thought - are already-licenced cars transferable between drivers? If so, then the question is a far simpler one. What would your 210k 8yo taxi be worth being sold to another driver? Because THAT is it's market value.

Does the professional insurance define market value as the value of the physical vehicle or the value of a licensed vehicle of that make/model/condition? Or are there multiple options or providers with different premiums and customers may be effectively under-insured without realising it.

Herzlos

JMW77 wrote: »

I could of written this myself, I was too in an accident last week and had my minibus that cost £12,000 + Vat two years ago ago written off, not officially had the word yet but was spun on the motorway and damaged three sides so undoubtedly unrepairable.

If the subframe hasn't been bent then there's no reason it wouldn't be repairable, though it's hard to tell if it'd be worth doing Vs the value. Presumably if you're in the same situation regarding replacement it's worth pushing them for a repair and making some concessions such as paying the difference or not using a claims management company? Sure, it seems unfair to pay out on it, but you need to look at the bigger picture and it may be cheaper to do that than have a written off and replaced.