Car damaged during recovery

popeye20vt

Firstly, this may be a little long winded but thank you (in advance) to those who read through and offer advice.

Last June I had an issue with my vehicle where the suspension collapsed.  The RAC were called and patrol mechanic attended.  Due to the collapsed suspension the vehicle needed a recovery truck.  This was outsourced a to a 3rd party (Walls trucks).  Whilst unloading the vehicle, at a garage, blocks of wood were used to raise the height of the car in order to limit damage to the bumper.  Unfortunately, one of the blocks of wood raised at one end and tore into the bumper causing damage.  The recovery driver drove the car forward in order to dislodge the block of wood and asked that I retrieved the wood.  Whilst doing so, the recovery driver, somehow, managed to drive forward again crushing my left hand.  After finally unloading my vehicle i took a trip to A&E to find I had broken 2 fingers.  Due to the nature of, and requirement to wear gloves at, work i was required to take 5 weeks off at a financial loss.  I raised a complaint with the RAC and received an email reply in September stating that Walls trucks had confirmed the events and accepted responsibility. At the request of the RAC my vehicle was taken to a repair shop to have the damaged assessed and a quote for the repair compiled.  This was then forwarded to the RAC.  The RAC then asked for the contact address and details of where the car was so that they could arrange an inspection.  Fast forward to today and the vehicle remains at the repair shop awaiting inspection and (as of 10th oct) has incurred a £25 + VAT a day storage fee, has yet to be inspected or repaired and the RAC, having sent several email replies suggesting that Walls truck insurer will be in touch shortly, have stopped replying all together.  I have given the RAC a notice of 28 days (ending 28th March) to resolve the issue before I explore legal avenues. 

Having spoken to citizens advice, they have advised not to pursue for the vehicle damage through the court as the insurance company would be regulated. 

But that still leaves me £3500 in damages, £25 + VATa day storage, salary loss due to sick, and personal injury, out of pocket.

Does anyone have any advice on what my next course of action should be, I'm getting really fed up with the lack of customer service from the RAC.

Thanks
Tony

Aylesbury_Duck

popeye20vt said:

Firstly, this may be a little long winded but thank you (in advance) to those who read through and offer advice.

Last June I had an issue with my vehicle where the suspension collapsed.  The RAC were called and patrol mechanic attended.  Due to the collapsed suspension the vehicle needed a recovery truck.  This was outsourced a to a 3rd party (Walls trucks).  Whilst unloading the vehicle, at a garage, blocks of wood were used to raise the height of the car in order to limit damage to the bumper.  Unfortunately, one of the blocks of wood raised at one end and tore into the bumper causing damage.  The recovery driver drove the car forward in order to dislodge the block of wood and asked that I retrieved the wood.  Whilst doing so, the recovery driver, somehow, managed to drive forward again crushing my left hand.  After finally unloading my vehicle i took a trip to A&E to find I had broken 2 fingers.  Due to the nature of, and requirement to wear gloves at, work i was required to take 5 weeks off at a financial loss.  I raised a complaint with the RAC and received an email reply in September stating that Walls trucks had confirmed the events and accepted responsibility. At the request of the RAC my vehicle was taken to a repair shop to have the damaged assessed and a quote for the repair compiled.  This was then forwarded to the RAC.  The RAC then asked for the contact address and details of where the car was so that they could arrange an inspection.  Fast forward to today and the vehicle remains at the repair shop awaiting inspection and (as of 10th oct) has incurred a £25 + VAT a day storage fee, has yet to be inspected or repaired and the RAC, having sent several email replies suggesting that Walls truck insurer will be in touch shortly, have stopped replying all together.  I have given the RAC a notice of 28 days (ending 28th March) to resolve the issue before I explore legal avenues. 

Having spoken to citizens advice, they have advised not to pursue for the vehicle damage through the court as the insurance company would be regulated. 

But that still leaves me £3500 in damages, £25 + VATa day storage, salary loss due to sick, and personal injury, out of pocket.

Does anyone have any advice on what my next course of action should be, I'm getting really fed up with the lack of customer service from the RAC.

Thanks
Tony

Surely it's this.  Having made the threat, you need to follow it through.  Given the value of your claim (£3,500 in damages, c.£8k in storage charges, personal injury, loss of earnings) you must seek proper legal advice.  Some things are simply not practical to do on a DIY basis, nor to rely on the thoughts of strangers on an internet forum.

Get some proper legal advice now, and they'll advise next steps.

born_again

Do you have legal insurance on your car insurance. Might be one for them. As pretty sure that there is a fixed tariff for injuries.
Also your ins co will/should need informing on the damage, which was lucky that collapsed suspension did not damage bumper.

Okell

popeye20vt said:

... Having spoken to citizens advice, they have advised not to pursue for the vehicle damage through the court as the insurance company would be regulated...

Sorry but what does that mean?

ThumbRemote

I suspect you have two claims: one against RAC for the car issues, and one against Walls trucks for personal injury. For the latter, you may want to consult a no-win-no-fee solicitor - they have the experience in how much to claim in damages. 

popeye20vt

Okell said:

popeye20vt said:

... Having spoken to citizens advice, they have advised not to pursue for the vehicle damage through the court as the insurance company would be regulated...

Sorry but what does that mean?

I have no idea and they didn't elaborate 

popeye20vt

ThumbRemote said:

I suspect you have two claims: one against RAC for the car issues, and one against Walls trucks for personal injury. For the latter, you may want to consult a no-win-no-fee solicitor - they have the experience in how much to claim in damages. 

Yeah, a no win no fee is what I was thinking king for that aspect.  But I'm really struggling to find an answer to getting my car repaired and returned.  

Thanks

Aylesbury_Duck

popeye20vt said:

ThumbRemote said:

I suspect you have two claims: one against RAC for the car issues, and one against Walls trucks for personal injury. For the latter, you may want to consult a no-win-no-fee solicitor - they have the experience in how much to claim in damages. 

Yeah, a no win no fee is what I was thinking king for that aspect.  But I'm really struggling to find an answer to getting my car repaired and returned.  

Thanks

Speak to a solicitor about that, too.  You've accumulated over £8k in storage charges alone, so spending a few hundred quid to put together a sensible claim together would seem worth it.

Tucosalamanca

Taking this on yourself clearly isn't working. Nine months!
Any reason why your insurers haven't been involved?
Even at this late point, they would seem to be the obvious solution.

popeye20vt

I've been strung along with promises that the third party insurer will be in touch shortly bit nothing has materialised.  I think a solicitor and/or insurance company is the way to go.  I was hoping to avoid either of the options but I feel they've now left me no choice.

Thanks

Okell

popeye20vt said:

Okell said:

popeye20vt said:

... Having spoken to citizens advice, they have advised not to pursue for the vehicle damage through the court as the insurance company would be regulated...

Sorry but what does that mean?

I have no idea and they didn't elaborate 

Well didn''t you ask them to elaborate?   

What you've said that CAB told you literally makes no sense.   Go back and ask them to explain.

You need advice as to whether you should sue the RAC and/or the recovery company, Walls Trucks.  If you only sue one of them your total claim must be close to or above the £10000 "small claims" limit.  You can get advice from CAB for free but you'll have to pay to get it from anybody else - unless legal advice is covered by your insurance policy.

Have you asked your insurer for advice?

Remember you need to claim for the cost of the damage caused by Walls Trucks, storage costs, loss of earnings and personal injury.  And after 5 months you might be asked why you haven't acted quicker to reduce the storage costs.