[new driver] questions about not at fault claim_Auxilis & third party payment

kh00488

Because I am a new driver, I am not sure about what procedures the "not at fault claim" involves. I tried to find relevant info online but everything is quite vague and doesn't tell me the exact steps or what I need to be aware of when dealing with insurance companies in such case.
In brief, 2 months ago I had an incident, in which a car in front of me reversed and hit the front right of my car. My driver side wing was scratched and bent. I took photos and also exchanged contact details with the driver (somehow I didn't think of solving this issue privately that time!). Then I contacted my insurance company Admiral about it and did necessary paperwork.
Admiral passed me to Auxilis. The mechanics at Auxilis wrote off my car (CAT N). They provided me with a quote that I am satisfied with. Afterwards, car salvage agent arranged collection of my car. However, after my car was collected, I only received a cheque from the car salvage agent. I sent emails to ask Auxilis about the payment and they never replied. Yesterday, out of sudden, they sent me a diagram and description form to fill in. But I feel suspicious about it. Weren't they supposed to send me this form before they collected my car?  In their email, they also said they would liaise with the third-party (the driver's insurance company I guess).
So, is not confirmed whether the third party will pay?? But my car was collected already...
What if the third party does not agree on this payment? I also requested car hire and i have the car with me for more than 2 weeks now.
Although I every time I contact Auxilis they re-assure that I am not the one who is going to pay for the car hire, I still feel insecure. If the third party did not agree on the payment, why would they agree on the car hire cost? The car hire cost per day is very expensive!

[Deleted User]

Sounds like the third party is contesting liability. Unless you have witnesses or dashcam footage it can be hard to prove.

MovingForwards

Check the paperwork you were provided when lent the car to see if it's a credit hire vehicle or hire vehicle.

If it's a credit hire vehicle:
-- did you have use of another vehicle?
-- did you have savings / credit card to be able to hire a vehicle yourself?

They are asking for a statement as it sounds like the third party are disputing liability. 

Your statement / damage to your vehicle will be reviewed, whatever is received from the third party will be compared to what you have said, then negotiations will begin to try and resolve liability in your / her or both favour.

The reason you got a payment for your car is the scrap value was purchased from you. 

Until liability is resolved, if that is the sticking point, you won't get the pre-accident value, less salvage cost you received.
-- the credit hire / hire charges will also not be recovered.

If Auxillis are not happy / do not think you will get 50% + liability in your favour with your statement / diagram / photos and any other evidence / information you send, they will take the car back from you and not assist further.

Wanted to give as much information to start with, but will provide more if appropriate re: hire vehicle.

missile

I too was offered a hire car from Auxillus. In their paperwork there was a clause which clearly stated if the 3rd party was found not liable then I would have to foot the bill. I declined the hire car. 

You are in a difficult situation. A car reversing in to you will be very difficult to prove and unless you have independent witness?

kh00488

MovingForwards said:

Check the paperwork you were provided when lent the car to see if it's a credit hire vehicle or hire vehicle.

If it's a credit hire vehicle:
-- did you have use of another vehicle?
-- did you have savings / credit card to be able to hire a vehicle yourself?

They are asking for a statement as it sounds like the third party are disputing liability. 

Your statement / damage to your vehicle will be reviewed, whatever is received from the third party will be compared to what you have said, then negotiations will begin to try and resolve liability in your / her or both favour.

The reason you got a payment for your car is the scrap value was purchased from you. 

Until liability is resolved, if that is the sticking point, you won't get the pre-accident value, less salvage cost you received.
-- the credit hire / hire charges will also not be recovered.

If Auxillis are not happy / do not think you will get 50% + liability in your favour with your statement / diagram / photos and any other evidence / information you send, they will take the car back from you and not assist further.

Wanted to give as much information to start with, but will provide more if appropriate re: hire vehicle.

Thank you so much for your reply! It is a credit hire. I dont have another vehicle and I dont have money to hire a vehicle myself...the daily rate for the vehicle they gave me is 67GBP excluding the delivery and collection charge of 80GBP. I dont know what to do if the third party doesnt cover the cost... The point is I have the vehicle for a month already and seem like I cannot cancel it after 14days of the car hire agreement based on the statement they provided me. Every time I called Auxilis and asked about it, the assistant always say the cost will be covered by the third party. But seems like it is not all the truth! Also, the car salvage agent already collected my car. Although the salvage agent has sent me the payment already, it was just 300GBP. If the third party not gonna accept the liability and Auxilis is not gonna pay me then what happen next? Is it legal to take away my car and not paying me back ??? I am so stressed... it means I lost the car and I will need to pay the car hire cost. Thanks so much

dacouch

Auxillix guarantee that they will not ask you for the money providing a) The description of the accident you gave was accurate b) You agree to assist them should the matter go to court

MovingForwards

Did you have fully comprehensive insurance?
If so, ask your insurance company why they haven't settled the pre accident value, less salvage and excess.

That way you can go out and replace your car, return the credit hire vehicle then worry about liability after.

kh00488

MovingForwards said:

Did you have fully comprehensive insurance?
If so, ask your insurance company why they haven't settled the pre accident value, less salvage and excess.

That way you can go out and replace your car, return the credit hire vehicle then worry about liability after.

Thanks for your reply. Admiral cancelled my policy for my car earlier as my car was already written off and I dont know whether they will still assist me, plus they are the one who passes me to Auxilis... And then Auxilis need to get the payment from the third party...The point is I don't know whether the third party will accept the liability and pay me through Auxilis. 

MovingForwards

Did they cancel it after this accident?
Were you insured fully comprehensive?
If so, there is nothing stopping you putting your claim through Admiral, claiming off your policy and getting the pre accident value, less salvage, less excess from them.

Until Auxillis resolve liability, you will not be getting a penny for your car, you need to mitigate your losses as at the moment you are not.

kh00488

MovingForwards said:

Did they cancel it after this accident?
Were you insured fully comprehensive?
If so, there is nothing stopping you putting your claim through Admiral, claiming off your policy and getting the pre accident value, less salvage, less excess from them.

Until Auxillis resolve liability, you will not be getting a penny for your car, you need to mitigate your losses as at the moment you are not.

Yes, they cancelled my policy after Auxilis sent a mechanic to write off my car. Are they still responsible to assist me in this case?
I am confused. So actually what is the position of Auxilis if Admiral can do the same thing?

MovingForwards

Admiral are your insurance company as you were covered by them at the time, their obligations do not end because your policy was cancelled.

Did you pay your insurance premium yearly or monthly? Did you get any refund?

Auxillis are an accident management company, who have put you in a credit hire car and trying to get their money back for that as their priority, with your losses off the back of that.