Third Party Accident

Juliette100

I was hoping for some guidance.   My property was damaged by a driver who ran into my property.   Severe damage was caused and the driver admitted fault and wrote a letter to me sharing all his details.   The driver's insurance company has also admitted fault and asked for repair quotes which I have provided.  However my property is very precarious but the insurance co is being very slow.  My question is - am I in my rights to get the necessary repairs done and sort this out with the insurance co or shall I wait.  I currently have no facilities and cannot wash, cook or leave my property (as it is not secure) and with the winds the other night I had to get the side of my house supported but the insurance co seem to want to barter which is fine but do we do this pre or post repair now they have the quotes.  I am not sure where I stand.  My focus is to get my property secure and get building work underway but will this dilute my position with the insurance co.              

born_again

Contact you ins co & get them to sort it for you. They can then deal with 3rd party.

GrumpyDil

I would speak to your home insurance company if you have not already done so. 

Juliette100

Thank you both.  I did call my insurance on the date of the accident and they recommended I call the insurer direct.  They said I had a few options 1) claim and my premium would increase 2) deal with the insurance and they can support me with legal support if they get sticky.  As the other party admitted fault my insurance said it was purely a case of getting repairs agreed.  I had written and video evidence of the accident and offenders. 

Juliette100

I am keen to get my repairs underway but I am not sure if I should wait.  I am not sure how much wiggle room I have as I have been living a horrible life for 2 weeks and I am fine paying for the repairs and getting the money back but not sure if that will be a struggle   

XRS200

It might be a struggle but if the damage is as you describe, get it fixed if you can.  How much will it cost?

Juliette100

The insurance company admitted fault and wrote to me to asking for 3 quotes.  These have been submitted and now they have appointed a claim assessor to visit  to  - in their words ' negotiate' to reach a conclusion.   The work is going to be in the region of 25k.  The insurance company will be visiting after Easter, appointment TBC - but its been 2 weeks and I was not sure if I just went ahead and figured it out after or given that I have waited this long just hold - despite not being overly comfortable with no water etc - and seeing what they say.      

Juliette100

I guess the human side is to just get the work done and keep the receipts as I have children and my mother living with me so life is tough with no washing machine or tap water but then I feel I may put myself into a corner with getting repayment and I may as well wait let them see the damage in real life - as they have been given pictures and the videos - and then go from there.  Out of the 3 quotes i am happy to opt for the cheapest one but I want to get him booked as he's in demand     

Aretnap

You do not have many actual rights when claiming through the third party insurer - you are not their customer and ultimately they work for the driver, not for you. You don't have a right to good "customer service" as such; their only legal responsibility to you is to pay any sum that a court awards you against the driver. Everything else is a matter of negotiation.

If they don't agree to the repairs then yes you can get them done and claim reasonable costs that you have paid - and note that reasonable does not necessarily mean cheapest available. However if they argue the toss about the costs or are slow in paying then the only way you have if forcing the issue is to take them to court, which is obviously a slow process.

If claiming from the third party is looking even slightly complicated then my suggestion would be to go back to your own insurer and claim from your policy instead. This is the sort of thing that you pay them good money to deal with, and yes the claim may affect next year's premium, but £50 on next year's premium is small change compared to the damage that has been done.

Your insurer should also be arranging emergency stopgap repairs to make the house secure, and alternative accommodation if your house is uninhabitable (which it sounds like it is, pretty much).

Other advantages of claiming through your own policy are (1) if you're not happy with the service you receive you can use the insurer's complaints procedures and then the Financial Ombudsman rather than having to use the courts and (2) the third party insurer will only have to pay for damage on an indemnity basis (essentially the second hand value of the things that were damaged) whereas your own policy will probably include a large element of new for old cover.

CouldntResist

You pay for your own insurance, this would seem to be one of those occasions where it would be sensible to use it premium rise or not

ThorOdinson

You are required to minimise costs, but also aren't expected to live without facilities to wash and cook.

So what is the cheapest way to address those things? Same with security. It's unlikely that getting a hotel room and someone to house sit would be cheaper than starting repairs.

Call the TP insurance and tell them you need those things, and that if they can't provide them you will proceed with getting them sorted yourself.