Car insurance problem

JaguarUK

I took my car to the garage for an MOT. While the garage had the car in their possession, they had an accident about which I know very little, as I was 18 miles away. I only have the garage owners account of the incident to go on.

My insurance company paid for the repairs and are now wanting to reclaim those costs. I have been told by their solicitors that I have to attend court in the case against the person that hit my car. This is very difficult as I was not present at the accident. Also, it seems some of the details of the case are wrong (spelling of defendants name and location of accident). I can only assume this might prejudice the case.

I have told the solicitors that I think the case should be between the garage and the defendant, however they disagree. They say that they can't pursue the garage as they have no evidence of negligence. If I lose the case, they have told me the accident will go down as a fault claim against me which will obviously increase my insurance costs. I don't feel this is fair as the car had been entrusted to the garage and I was not in possession of it at the time of the accident.

Does anyone have any suggestions or helpful information on this incident? All help much appreciated.

DUTR

The garage has trade insurance why do you have to claim on your policy?

Aretnap

In insurance jargon a "fault" claim simply means that your insurer was unable to recover its costs from an at-fault party. It doesn't necessarily mean that anyone is claiming that you were to blame for the accident. So yes if your insurer lose the case it will likely go down as a fault claim (unless they can find a way to blame the garage, which is unlikely if the car was (say) hit while parked outside the garage, or if it was damaged by a third party on a test drive through no fault of the garage). It would also go down as a fault claim if it was damaged by a falling tree, or vandalised by an unknown person. I agree that the term is misleading, but it's how it's used.

As for the court case, all you can do is tell the truth. If all you can say is that you took your car to the garage and that it was damaged when you went to pick it up, say that. If you're asked what explanation the garage gave you, say what they said at the time. It may be that you're needed to confirm that the story the garage told you in the immediate aftermath is the same as the one that they're telling now.

AdrianC

JaguarUK wrote: »

I took my car to the garage for an MOT. While the garage had the car in their possession, they had an accident about which I know very little, as I was 18 miles away. I only have the garage owners account of the incident to go on.

My insurance company paid for the repairs and are now wanting to reclaim those costs. I have been told by their solicitors that I have to attend court in the case against the person that hit my car.

So what happened?

The car was parked up at the garage when it was driven into by somebody else?
If that's the case, then it really is your insurance versus the other driver. Did you park it there? Did they?

If your car was being driven by them at the time of the collision, then it should be their insurance.

This is very difficult as I was not present at the accident. Also, it seems some of the details of the case are wrong (spelling of defendants name and location of accident). I can only assume this might prejudice the case.

Y'know the bit about "the truth, the whole truth, and nothing but the truth"? Yeh. That. You can only say what you know. You need to say "I have no knowledge, as the car was not in my possession at the time. You cannot pass on the garagiste's version, as that's just hearsay.

The insurer need to bring the garagiste in, too, as the most relevant witness. Perhaps they are.

They say that they can't pursue the garage as they have no evidence of negligence.

This is sound theory. We have no way of knowing if it's true.

If I lose the case, they have told me the accident will go down as a fault claim against me which will obviously increase my insurance costs.

"At fault" simply means your insurer is out of pocket through having your policy.

foxy-stoat

DUTR wrote: »

The garage has trade insurance why do you have to claim on your policy?

That would of been my question. You shouldn't of let your insurers pay out.