Car crashed into my parked car. What are my rights re taxis and inconvenience

parkingissues123

Hello, 

A car registered to a rental company crashed into a bus, a few other cars and my parked car. Luckily no one was in my car!

Admiral collected our car for repair, and we went to collect the courtesy car. A few days later Admiral told us it would be written off, and we needed to return the rental. They said they'd give us £5400 (minus £500 excess, so £4900). Obviously this doesn't cover the cost of a like-for like, which is £6900 (used Toyota, same year same car, just like ours). 

We have legal included in our car insurance. It's all pretty rubbish, spending basically 2K on a car we shouldn't need, time on the phone, taxis, etc. My questions are: 

1. Advice on getting the insurance to give us a higher rate for our car?
2. I think the car was a rental, the guy got out and ran away (drugs were found in the car). I'm calling the police tomorrow to ask if they found him. There's a lot of 'ifs' but am I know I can claim for my excess, and probably taxis. Am I also able to claim for inconvenience (not having a car, spending hours on the phone looking for cars and arguing with insurance etc)? I'm concerned that even if I am 'entitled' to claim for travel, I won't get it.... what is the likelyhood that I'll get this money back, if he isn't insured, or if he is insured but its a rental car? If the guy doesn't have the money, I won't get it. So I'm worried to start taking taxis if I won't get the money back, I can't afford it. 

Thanks so much 

Undervalued

parkingissues123 said:

Hello, 

A car registered to a rental company crashed into a bus, a few other cars and my parked car. Luckily no one was in my car!

Admiral collected our car for repair, and we went to collect the courtesy car. A few days later Admiral told us it would be written off, and we needed to return the rental. They said they'd give us £5400 (minus £500 excess, so £4900). Obviously this doesn't cover the cost of a like-for like, which is £6900 (used Toyota, same year same car, just like ours). 

We have legal included in our car insurance. It's all pretty rubbish, spending basically 2K on a car we shouldn't need, time on the phone, taxis, etc. My questions are: 

1. Advice on getting the insurance to give us a higher rate for our car?
2. I think the car was a rental, the guy got out and ran away (drugs were found in the car). I'm calling the police tomorrow to ask if they found him. There's a lot of 'ifs' but am I know I can claim for my excess, and probably taxis. Am I also able to claim for inconvenience (not having a car, spending hours on the phone looking for cars and arguing with insurance etc)? I'm concerned that even if I am 'entitled' to claim for travel, I won't get it.... what is the likelyhood that I'll get this money back, if he isn't insured, or if he is insured but its a rental car? If the guy doesn't have the money, I won't get it. So I'm worried to start taking taxis if I won't get the money back, I can't afford it. 

Thanks so much 

Well the legal cover in your insurance should help you to recover your excess and necessary costs from the driver, assuming they can be found and have the means to pay. Also assuming the driver was mainly at fault and your car wasn't illegally parked in a potentially dangerous place.

Re taxis and / or hiring a car. It was once said to me that if it is essential then it is a valid claim. BUT as it is "essential" then you will be doing it anyway regardless of whether the other party can be made to pay! Sorry, I know that is not what you want to hear.

The general principle of a civil claim is that you have a duty to take reasonable steps to minimise your losses. The civil court will not support you in running the other party up as big a bill as possible to teach them a lesson! If they have broken the law then it is the job of the criminal courts to teach lessons.

Presumably the bus driver called the police? IIRC after any accident they are legally obliged to if carrying passengers even if nobody is hurt.

Brie

When my car was hit (not as badly as yours as not a write off) and they came back with a low offer I countered it with a higher one.  I backed this up with screen shots from autotrader showing my make/model/year/mileage care and what it would take to buy that as a replacement.  I didn't get that price but ended up compromising.  There was a lot of to and fro where they said "£XXX" and I said "no" and we repeated that about 10 times til they gave in to a better deal.

Can't recall anyone getting taxis paid for after handing back the courtesy car.

Ectophile

If it was a rental car, it will be insured.  If you have legal cover on your insurance, get in touch with them.  You can claim any reasonable expenses that were caused by the other driver, including the £500 excess.

As for your insurer, you need to haggle with them.  If they are unreasonable, then you have the option of escalating it to the financial ombudsman.  But you will need evidence that their offer is too low.

DullGreyGuy

parkingissues123 said:

1. Advice on getting the insurance to give us a higher rate for our car?
2. I think the car was a rental, the guy got out and ran away (drugs were found in the car). I'm calling the police tomorrow to ask if they found him. There's a lot of 'ifs' but am I know I can claim for my excess, and probably taxis. Am I also able to claim for inconvenience (not having a car, spending hours on the phone looking for cars and arguing with insurance etc)? I'm concerned that even if I am 'entitled' to claim for travel, I won't get it.... what is the likelyhood that I'll get this money back, if he isn't insured, or if he is insured but its a rental car? If the guy doesn't have the money, I won't get it. So I'm worried to start taking taxis if I won't get the money back, I can't afford it. 

1. Prove to them that the motor industry books on car values are wrong. Remember the advertised price is not the sales price and almost all vehicles sell for under the ticket price. 

2. It's surprising Admiral didnt push you to Auxillis which is their normal trick with non-fault claimants. 

The general rule of thumb is you are entitled to alternative transport for 5 days after the initial total loss payment is received. That could be a hire car (private or via your insurer), taxis/public transport or a claim for Loss of Use, it cannot be all of them. In my day we used to give 1 week because the cheque was sent out automatically and so we gave 2 days for delivery and then the 5 days. 

Inconvenience isn't a valid head of claim, the courts accept life just not great sometimes. 


What's going to happen will significantly depend on 1) if the driver is identified or not and 2) how the claims handlers for the hire car are like. If the driver is identified then their insurers will be the RTA insurers, some will deal with matters straight away, others will require a court order against the driver before they act (which is what the law requires). In my day were the driver unidentified there were no obligations because you cannot get a court order against an unknown person however the Court of Appeal in 2017 did allow an order be made against an unknown driver thus forcing the insurer to act as RTA insurer so things have moved on somewhat.