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Not at fault car accident - AMC

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abazat
abazat Posts: 30 Forumite
Part of the Furniture 10 Posts Combo Breaker
After many years of driving its been along time me I've ever been involved in an accident and had to make a claim. So i was Stationary at give way and a guy hit me thinking he had enough room to get through. He admitted fault at the beginning, but is now saying( lives a few roads away from me and i've bumped into him since) he might not take the full blame.
When it happened put the Claim through Admiral Online and got a call back from Accident Management company saying I’ve been referred by my insurer saying and I don’t have to pay excess and the rest. So, I’ve went with them and signed their online agreement because the other party admitted fault. I’ve made it clear I won’t be needing a Replacement car as I have access to other cars which they weren’t happy about, and this just to repair the damage which looks minor. As it stands all that has happened is an Engineer was sent out to me to see the damage and the work has been approved.

My Question is now that I know the other party might not admit fault not sure I want to go down the AMC Route which might requre me to go to court. Can I cancel the Agreement which does state 14 days cooling off period and go back to Admiral ( still have over 2 days to decide ) as i think it will be less stressfull . No work has been carried out as car is at home, but if I cancel would I have to pay anything as an engineer did inspect the damage and what if they have ordered parts as Repair has been approved.



Any advice would be much appreciated  











Comments

  • Car_54
    Car_54 Posts: 8,855 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    You might have to go to court whichever route you take. However, it is extremely unlikely.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    If an engineer has visited there are now costs incurred; you would need to read your agreement as cooling off periods can be ended by services commencing or can remain but you have to pay for costs incurred to date etc. Once you've understood what you've signed up to then speak to the organisations and discuss your concerns.
  • I hate it when insurers pass the insured off to a 'claims management company'. This is never in the customer's interest. I think you have the right to insist that the insurer deal with it and that is what I would do.
  • abazat
    abazat Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I'm only worried because the other party might not admit fault now. In terms of what the contract say under cancellation. It says if performance has began then pay us an amount with respect to the repair which is in proportion to that which has been performed until you have communicated to us your cancellation comparison with the full coverage of the contract and you will pay for the engineer’s fee, any storage and collection charges we funded for you and for any non-returnable parts and materials.

    For me as it stands I think only the engineers fee apply which I believe is £60. Would you guys carry on the claim with a Amc (some do a fantastic job when it's clear cut) knowing the other party might not admit fault anymore.
    Could I insist they find out TP admit fault before any repair work is carried out. 
    Can I get the third party insurance from my insurance and phone direct or for data protection are they not allowed to give me that. My guess is TP has not informed insurance of accident. 

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Your insurers or AMC can give you the details of the third party insurer and reference number (you can also buy it from MID if you want - you just have to self certify you have a legitimate reason for needing it, namely a claim against the vehicle).

    You may also want to double check what happens if you go through with the claim and liability is ultimately settled on a split basis. Most agreements the wording is very oddly put for a lay person (they are trying to create a legal fudge but no need to go into that) but basically say that as long as you havent acted fraudulently and support them through the claim that you're liability to them is limited to the liability of the third party.... ie if it was decided that the TP was 75% to blame then you owe them 75% which gives them the legal right to then get that money from the TP/TP insurer (the fudge) and the remaining 25% is written off.

    The main risk with credit claims are:
    1) You get bored/have had enough but the credit company want you to go to court etc
    2) On big claims the need for credit/reasonableness of the bill gets challenged... there are cases of £40k hire bills for a £5k car that was written off etc

    Always double check what the agreement actually says though as these things do vary between providers.
  • abazat
    abazat Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The fact that I've not had any contact from the at fault party insurance could mean he hasn't told them. 
    Will request what the cost of the repair is when the garage contact me, with it just being a paint job and a small dent and With no hire car can't imagine the claim will amount to alot, still good to know what I could be paying in a wort case.
    If I can clarify if the other party will admit 100% fault will go ahead and if not  Will ask the amc what cost I will incur if I cancel. 
  • Car_54
    Car_54 Posts: 8,855 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    abazat said:
    For me as it stands I think only the engineers fee apply which I believe is £60.
    That sounds astonishingly cheap

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