Car Write Off Claim Advice

Danger_Mouse

Hi, I came home from work last year (April) and while parked outside my house, a large van had somehow crashed into my car and at least two others. My car ending up being a write off and I got a payout. As there was at least one witness, and the van had hit multiple cars, I thought the claim would be put to bed by now but its still ongoing as the van driver denied fault. Im now getting a new car and the fact the claim is still outstanding is meaning I have to declare that I have an open claim so my premiums will be higher.

I'm wondering if other people have been through something similar and can advise on how long it took for the claim to be settled? and anything else I should be aware of?
P.S. The solicitors my previous insurance company use to handle the claim are terrible so I thought'd I'd get more constructive feedback on here

Thanks, Matt

Aretnap

It's a pain but it's not untypical for even a relatively simple claim to take several months to settle, even before Covid. 

If you have to pay higher premiums at renewal because of the open claim then your insurer should recalculate the premium and give you a partial refund once it is settled in your favour. If you stay with the same insurer this should be fairly automatic. If you change insurers it is best to confirm with them beforehand that they'll do this - and be prepared to do a bit of chasing up yourself when the claim is settled as your old insurer won't automatically tell your new insurer that it's done. 

AdrianC

April 2019...?

Wow, that is dragging. How is the van driver claiming he's not at fault?

Danger_Mouse

AdrianC said:

April 2019...?

Wow, that is dragging. How is the van driver claiming he's not at fault?

I have no clue because the solicitors are so bad and my insurance company arent much better (at least I got the payout for the car though). It's a tight street with cars parked either side and according to the witness, he was in a big removal type van, hit one car, tried to do a manoeuvre down a side road (hit another) and just lost his head and went careering down my section of the road and somehow wrote my car off when the one behind barely had a scratch.

The van was from a rental company so not sure if this is what's holding things up or just incompetent solicitors, based on the reviews of the solicitors, I'd say the latter

George_Michael

It's possible that the driver is trying the automatism defence by claiming that it was an unexpected medical problem that caused them to crash. If this is accepted, it's generally the case that no one is held to blame for the accident as it wasn't something that could have been foreseen or avoided.

Danger_Mouse

George_Michael said:

It's possible that the driver is trying the automatism defence by claiming that it was an unexpected medical problem that caused them to crash. If this is accepted, it's generally the case that no one is held to blame for the accident as it wasn't something that could have been foreseen or avoided.

Potentially but he just drove off after hitting the cars so I'd hope that defence wouldn't get him very far

AdrianC

Danger_Mouse said:

AdrianC said:

April 2019...?

Wow, that is dragging. How is the van driver claiming he's not at fault?

I have no clue because the solicitors are so bad and my insurance company arent much better (at least I got the payout for the car though). It's a tight street with cars parked either side and according to the witness, he was in a big removal type van, hit one car, tried to do a manoeuvre down a side road (hit another) and just lost his head and went careering down my section of the road and somehow wrote my car off when the one behind barely had a scratch.

As excuses go, that's so lame that I'm really surprised they're entertaining that for a minute...

The van was from a rental company so not sure if this is what's holding things up or just incompetent solicitors, based on the reviews of the solicitors, I'd say the latter

And it was on the rental company's insurance? Even more surprised, then, that they haven't simply put their hands up and said "Yep, this one's on us."

I'd definitely be talking to the ombudsman, or do you have any legal expenses insurance?

jimbo6977

Automation 
Unforeseen medical issue
Unforeseen mechanical issue

Driving off could also be explained by any of the above if one were creative enough. 

Not that I necessarily approve.