Car Insurance and Repair

NEETF69

Hi all, just after some advice please. 
Car accident last week, long story short I was reversing off drive, I'd helped to check road (husband also stood near gates checking road didnt see her due to her speed) girl bombing it down road crashed into my passenger side rear bumper and sent me crashing into next doors car. 19 plate Civic, all back bumper was hanging off, all the sensors hanging down etc. damage to boot and both rear lights. Girl immediately admitted liability and dad who turned up a few minutes later said she was only doing 30, before i informed him 20 mph zone.Rang RAC insurance ( I'd never use them again!) but at this stage they took it as a no fault on my part correctly and put things in motion. Car collected and took to garage etc. Friday got a text saying it's an uneconomical repair. I knew hire car would be taken any time soon so but a returnable deposit on a car. Yesterday git a link from the Incident management company with an offer and a statement saying if no problem with my insurance company would pay out in 72 hours. I put the additional 350 deposit on the new car as I'm going away Sat and need a car. Then today got an email saying third party insurers disputing it (I mean don't they always!) so Incident management company can't pursue and can't pay out. Also got an email from car hire saying car has to go back tomorrow.  I was directed to Aviva not RAC. Aviva didn't know anything about the claim apart from a notification sent by RAC stating it was a notification only, I.e. I'm not pursuing anything.  Had to log a claim with Aviva. Aviva, even though I'm insured with RAC won't accept the write off from the garage or the Incident management company.  They need to look send their own engineer. No idea when this will be. Potentially I'll now be left with a car which gets fixed but I've now lost confidence in and I'll lose my 500 deposit on the replacement.  Aviva won't give me a hire car as its not in one of their garages and they don't know when it will be taken there. Looking at my RAC policy they state I'm entitled to a courtesy car until mine is fixed or written off, but RAC keep saying I've got to go to Aviva. I'm talking to a brick wall. Original quote for work was 8500 (did seem excessive) market value was 11210. Is it likely that Aviva will also write off do you think? Also anyone been in this situation before, my RAC policy doesn't seem to be worth the paper it's written on (what's new!) especially with the hire car. I've now either got to cancel my weekend or hire a car myself when the only thing that has changed is her insurance company have denied liability.  I mean who'd have guessed that! I was not liable in anyway for the accident,  yet find myself disadvantaged,  out of pocket and having to spend 4 hours on the phone this afternoon absolutely knackered. Sorry for long post!

NEETF69

Sorry don't know how to edit! Not helped to check road, halted!

Ayr_Rage

Irrespective of the alleged speed it is your responsibility to make sure the road is clear so I can see why they are disputing liability.

cw8825

NEETF69 said:

Hi all, just after some advice please. 
Car accident last 

Unfortunately if you were reversing off your drive. This is going to be a fault claim

You will need to fully inform and assist your own insurers in defending the claim

bare in mind if your defence is that she speeding that is not going to be able to be proven. 

You have admitted you were in the process of reversing off the drive. 

She’s correctly proceeding down the road. 

You need to prove her negligent. 

With those figures it’s almost certain to be written off. 

You are only entitled to a courtesy car if you car is being repaired by one of the RAC garages. Fairly common procedure unless you pay for an upgrade to the policy 

RAC are not the insurer just the broker selling aviva policy’s. When first notified if you told them another car hit you and admitted fault they will
direct you to which ever company is agreed to act as their accident management

Hoenir

NEETF69 said:

I'd helped to check road (husband also stood near gates checking road didnt see her due to her speed)

From the gates was there clear visbility of the entire road or was the view obstructed by parked cars or a bend in the road? 

Southend_2

Ayr_Rage said:

Irrespective of the alleged speed it is your responsibility to make sure the road is clear so I can see why they are disputing liability.

Also....

Highway Code, Rule 201. Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.

NEETF69

Hoenir said:

NEETF69 said:

I'd helped to check road (husband also stood near gates checking road didnt see her due to her speed)

From the gates was there clear visbility of the entire road or was the view obstructed by parked cars or a bend in the road? 

There were parked cars but I could see. I had halted but was not manoeuvring at that stage as I was looking up road, was just about to look the other way when she hit me. She admitted she wasn't looking at the road was looking at her dash as her under inflation indicator was on and wiggling her wheel. 

400ixl

Unfortunately the speed of the other driver does not remove your responsibility for not reversing out onto a road and into their path. Probably the best scenario will be a 50/50.

By the sounds of it, your policy broker is RAC and the insurance underwriter is Aviva. The RAC incorrectly advised you it would be a non fault claim and passed you to a 3rd part accident management company. They in taking your side have tried to claim off the 3rd party directly giving you an expensive credit hire vehicle which is where they make their money.

On discovery of the 3rd party not accepting responsibility, and knowing the likely hood that they are correct, the claims management company know they will not get their money so want to cut and run as soon as possible.

This passes you back to the RAC as the broker who now want to pass you to the underwriter in Aviva.

Sounds like you only have the basic courtesy car cover which is supplied by the repair network, not Aviva. They will where available provide you will a car only when the vehicle is with them for assessment and repair and up until there is a write off settlement. Unfortunately the car is not with them at this time, so they will not provide a car as you are not entitled to one until it is. And even then maybe not if it is a write off.

Unfortunately we see more and more of these examples where insurance brokers (and insurers themselves) are passing people to claims management companies without the due diligence themselves, or explanation of the different scenarios that could happen to the claim.

Sorry to say you are likely liable (maybe not wholly) for the accident, but have been given a real run around caused by the belief that you weren't.

Hopefully Aviva will get you sorted quickly. The main thing to get sorted is getting the car to their approved repairer, or an assessor out to where it is.  

NEETF69

cw8825 said:

NEETF69 said:

Hi all, just after some advice please. 
Car accident last 

Unfortunately if you were reversing off your drive. This is going to be a fault claim

You will need to fully inform and assist your own insurers in defending the claim

bare in mind if your defence is that she speeding that is not going to be able to be proven. 

You have admitted you were in the process of reversing off the drive. 

She’s correctly proceeding down the road. 

You need to prove her negligent. 

With those figures it’s almost certain to be written off. 

You are only entitled to a courtesy car if you car is being repaired by one of the RAC garages. Fairly common procedure unless you pay for an upgrade to the policy 

RAC are not the insurer just the broker selling aviva policy’s. When first notified if you told them another car hit you and admitted fault they will
direct you to which ever company is agreed to act as their accident management

It would appear they have implemented a credit hire and repair agreement without making that clear to me at the time I reported it. I've been on to them numerous times and even asked them how their organisation can be so complicated and at no time did they mention this. I thought I was claiming under my own insurance.  So that has also complicated matters.

cw8825

NEETF69 said:

cw8825 said:

NEETF69 said:

Hi all, just after some advice please. 
Car accident last 

Unfortunately if you were reversing off your drive. This is going to be a fault claim

You will need to fully inform and assist your own insurers in defending the claim

bare in mind if your defence is that she speeding that is not going to be able to be proven. 

You have admitted you were in the process of reversing off the drive. 

She’s correctly proceeding down the road. 

You need to prove her negligent. 

With those figures it’s almost certain to be written off. 

You are only entitled to a courtesy car if you car is being repaired by one of the RAC garages. Fairly common procedure unless you pay for an upgrade to the policy 

RAC are not the insurer just the broker selling aviva policy’s. When first notified if you told them another car hit you and admitted fault they will
direct you to which ever company is agreed to act as their accident management

It would appear they have implemented a credit hire and repair agreement without making that clear to me at the time I reported it. I've been on to them numerous times and even asked them how their organisation can be so complicated and at no time did they mention this. I thought I was claiming under my own insurance.  So that has also complicated matters.

It might not have been explain but it would have been in any paperwork signed on delivery of the car. 

This has deists you by a few days but you know know it’s a likely total loss. A potential value so that should help going forward. 

400ixl

NEETF69 said:

It would appear they have implemented a credit hire and repair agreement without making that clear to me at the time I reported it. I've been on to them numerous times and even asked them how their organisation can be so complicated and at no time did they mention this. I thought I was claiming under my own insurance.  So that has also complicated matters.

Unfortunately too common a scenario these days. Should be very clear conditions and explanations given IMO.

Sorry you were reeled into this bad practice.