Problem with car insurance after accident that was not my fault

Jen19999

facade said:

Jen19999 said:

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(looks as though it is just damage to the front panel and bonnet and door) 

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 At the moment I am getting taxis to work but I will need a car very soon as I am going on holiday 

If it is just panel damage, why can't you drive it?

Or is it still buried under a wall (in which case can't you get someone to help you move the bricks)?

As you say, I need the bricks moved and am trying to organise that with the housing association. However, although the tyre is still inflated and I am assuming there isn't massive damage I think it needs checking before I drive it. I also suspect the insurance company would want it checked in case it isn't road worthy and I cause an accident! 

Ectophile

Insurance claims can be slow, especially when the other party doesn't want to accept liability.  The whole lot may not be finished for months.

As a motorist, you should be able to tell if your car is fit to drive without somebody else giving you permission.

sheslookinhot

Ectophile said:

Insurance claims can be slow, especially when the other party doesn't want to accept liability.  The whole lot may not be finished for months.

As a motorist, you should be able to tell if your car is fit to drive without somebody else giving you permission.

Some people might not have the confidence make that decision, without some help. Nothing to do with driving skills or being a “motorist”.

Apodemus

DullGreyGuy said:

Apodemus said:

In the OP's case, I wonder if the claim for damage is against the property owner whose wall landed on the car, with the property owner then having a claim against the car insurance of the lady who hit the wall?

How do you fathom its the wall owners fault? If that had landed on my desk would have had a good laugh with some colleagues and then send the standard repudiation letter.

Well, firstly I was questioning, not making a statement...

Secondly, I'm not saying it was the wall owner's fault.  Sometimes there is a chain of liability, with the claims being passed up the line to the ultimately liable party.  I'm simply wondering if this might be one of these cases - if Car A did not directly hit Car B, then there is a question whether each party needs to claim from the next party up the chain.

DullGreyGuy

Apodemus said:
 Sometimes there is a chain of liability, with the claims being passed up the line to the ultimately liable party.  I'm simply wondering if this might be one of these cases - if Car A did not directly hit Car B, then there is a question whether each party needs to claim from the next party up the chain.

No there isn't a chain of liability, and the property insurers would be stupid to settle the claim as they could be left holding the can if it turns out that the vehicle was uninsured/indemnity issues and the driver doesn't have the means to pay. As it would effectively be a gesture of goodwill and not a legal liability they'd be unable to litigate to force an RTA insurer to act so that insurer would be laughing all the way to the bank. 

In exceptional cases where there is a dispute on liability between two or more parties but there are clear innocent parties then occasionally insurers may agree to settle the innocent party's claim between them to avoid litigation costs etc being added. 

Jen19999

Can I ask for more advice please?

The other party's insurance has accepted liability.

My insurance company has deemed my car as too expensive to fix and therefore a write off.  I did try to negotiate that they get the other insurance company to pay for fixing the car but unfortunately the garage was too swift and it has been sent for scrap already.

What they are paying me is probably a fair price of what the car is worth but bearing in mind dealer's fees I will not be able to get another car of the similar standard/age/etc for what I will be paid

Can I claim an additional cost from the other party's insurance company and if so can you give me any tips on how to go about this?

My insurance company won't assist as apparently I would need Motor Legal Protection insurance for this service. I apparently have to claim all my costs for taxis and hire cars from the other insurance company myself 

Mildly_Miffed

Jen19999 said:

What they are paying me is probably a fair price of what the car is worth but bearing in mind dealer's fees I will not be able to get another car of the similar standard/age/etc for what I will be paid

Can I claim an additional cost from the other party's insurance company and if so can you give me any tips on how to go about this?

What you're owed is precisely "a fair price of what the car is worth".

You should be able to buy a similar car for that - but that might not be the same as the prices that are advertised, because the assumption is that you can negotiate on the advertised price.

Jen19999

Thank you, but I will end up in a worse position because the amount they are giving me is what I might get selling the car to a dealership.  Obviously the dealer needs to make a profit and there is no way that I could negotiate that away.

I thought that in a no fault situation like this I should end up in the same position as before the accident? 

400ixl

By dealership, do you mean a main dealer of a general motor sales dealer?

They put you back in a position to buy from a general motor sales establishment typically. If they are not paying this then find some examples that match the car you are replacing and negotiate.

born_again

Jen19999 said:

Thank you, but I will end up in a worse position because the amount they are giving me is what I might get selling the car to a dealership.  Obviously the dealer needs to make a profit and there is no way that I could negotiate that away.

I thought that in a no fault situation like this I should end up in the same position as before the accident? 

They are for that point in time.
Not back to when you bought the car.

So if you think it's worth more than you have been offered, then you need to find like for like to prove your case, only just don't use the selling price on ebay.