Insurance accident via third party major issues

Ratters002

Hi everyone,

Sorry if this is in the wrong section.

I’m looking for some advice as I’m not sure where I stand legally.

About a year ago, my van was damaged by a forklift while goods were being loaded. The business verbally accepted responsibility at the time, and the claim was passed to their public liability insurer. After a lengthy dispute, they eventually accepted liability, recovered my van for repairs and provided me with a hire van. The hire van was much smaller than my own van and, despite asking for a like-for-like replacement, they refused.

A few weeks later my van was returned and the hire van collected. It wasn’t until I had a proper chance to inspect my van that I discovered numerous issues. The paint was a completely different shade, there were multiple defects, and, most concerning of all, the repairer had cut and welded part of the vehicle’s structure even though this wasn’t necessary for the original damage.

I immediately complained to the insurer. They agreed the repairs weren’t up to standard and arranged another hire van while they investigated. They instructed an “independent” engineer to inspect my van. He agreed with every issue I raised, although his inspection was only visual.

The insurer then wanted to send my van back to the original repairer. I refused because I’d completely lost confidence in them. I also asked why the structural repair had been carried out in the first place. The only response I received was that the workshop manager who authorised the repair no longer worked there, so they couldn’t answer my questions.

After several weeks with no updates, the insurer eventually found another repairer nearly two hours away and asked me to drive the van there. I explained that the van wasn’t roadworthy because warning lights and safety sensors were constantly flashing and beeping. They then arranged recovery.

About a week later I was told that the second repairer was unwilling to carry out the work, so the insurer said their only option was to offer me a cash-in-lieu settlement based on the independent engineer’s report.

The problem is that the amount they’ve offered is significantly lower than the estimates I’ve obtained from other repairers. Every repairer I’ve spoken to has made it clear that their figures are only estimates until the vehicle is stripped down and work begins, as the full extent of the damage can’t be determined beforehand. They’ve also all told me they cannot guarantee returning the van to its original manufacturer standard because of the poor workmanship and unnecessary structural repairs already carried out. Despite this, the insurer has refused to increase their offer or consider the likely additional costs once repairs commence.

They have also said they will not cover my loss of earnings or any compensation, and will be ending the hire van immediately. That leaves me with a one-year-old van that, in my opinion, isn’t roadworthy and no replacement vehicle to continue working.

I’ve tried explaining this to the insurer, but they keep saying they have no other option other than paying the cash-in-lieu amount.

The original damage was limited to the passenger door and sliding door, along with some scratches. At the time, the doors wouldn’t lock properly, the collision warning lights were on, and the interior lights weren’t working.

The van has now come back in a far worse condition than when it went in for repair. It now has:

• Different shades of silver paint across the vehicle.
• A structural section that has been cut and, in my opinion, poorly welded back together.
• Warning lights and safety system faults still present.
• The sliding door no longer staying open by itself.
• Misaligned body panels.
• Mismatched plastic trim.

Has anyone dealt with something similar or can offer any advice on what my next steps should be? Should I now involve my own insurer, even though I never notified them at the time because the third party accepted liability? I realise that may have been a mistake.

Thanks in advance for any advice.

Ectophile

You should have notified your insurance already, even if you had no intention of making a claim through them. They may be unhappy when they find out.

Your best bet may be to take legal advice and then sue the business for all the costs you have incurred, including any that their insurance is currently refusing to pay. You sue the business, not the insurance company, because it's them who caused the damage. They should pass the claim to their insurers.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6676106/insurance-accident-via-third-party-major-issues

Problem with claiming off third party insurers is you have no statutory right of complaint nor the ability to take it to the Ombudsman.

As repairs have already occurred your own insurers certainly won't be stepping in at this point so your most likely course of action is to commission your own engineers report which should comment on the state of the repairs, what would be required to fix it and a cost estimate inc parts (rather than their sometimes lazy approach of saying parts at manufacturers list price)

You would then send a letter before action to the insurer, including the engineers report and give them a reasonable timeframe to pay up else you will be going to court (14-21 days is normally reasonable).

How much are your current estimates? I am assuming they are under £10k? If it's above that then things become slightly more risky as limited legal fees can be included so if they call your bluff and go to court and win then you could end up paying towards their lawyers fees.

Ratters002

https://forums.moneysavingexpert.com/discussion/comment/82068693#Comment_82068693

Any recommendations for a company to provide an engineers report?

I’ve attempted to get quotes from 6 different body shops, once they have seen the quality of the repairs and structural cuts/welds they have all refused to quote. However verbal quotes have been between 5-9K. With no guarantee they can get it back to original standards.

At this stage I’m not bothered about claiming for loss’s just want the repaired but they aren’t bugging on a cash in lieu offer of £2,350.

MyRealNameToo

https://www.iaea-online.org/find-an-engineer

You dont need a bodyshop, you need an engineer, the link above is one of the main bodies for such engineers and they will provide links to local firms or there is the likes of https://www.hoopers.org.uk/ who are nationwide.

They will know how to write a proper expert witness type report