can I insist on a loan car?

soolin

I have done a quick search but can't see this having been covered recently.

I was involved in a serious car accident last night, I was slowing and indicating to turn left into a side road from a main road when a car hit me from behind. The smash was so bad that he pushed me quite a distance along the pavement (I was already at a slight angle due to the turn so didn't travel straight along the main road), I came to rest on a pavement against a wall. The other car had both its airbags go off due to the force of the smash.

My car is written off, it is twisted and I had to be helped from the car as I couldn't open my door due to the force pushing the back of the car into the front at an angle.

The other guy kept saying 'I didn't see you, I took my eyes off the road and didn't see you'. HOwever, no doubt when it comes to it the story will be different.

My question is, is there anything I can say or do to get a loan car from his insurance company? I have to phone the guy in a moment to get the details but am putting it off as I am still so upset. I don't think I can get a loan from my insurance company as my husband has checked the policy and it doesn't mention one at all.

I've also got severe whiplash injuries and was assessed at the hospital last night who have told me i will probably need physio and something else I can't remember.

All I can think of is that I need to get to work and need a car, also the school holidays started yesterday so on my days off I was planning to take the children out.

Sorry for rambling, I am still in shock I think.

Soo

maclean2

Hi - sorry to hear about your accident and the whiplash.I hope you soon recover from the injury.Very few policies include courtesy cars when your car is a writeoff.There are several large and well established companies who will hire you a car and claim back the cost from the other guy's insurance.Try driveassist or helphire who have websites giving more details.They can probably get a car delivered today if you contact them this morning.You are entitled to hire a similar size of car to your own and not just the smallest car.Phone numbers are 0500.224455 or 01827.319400.

As regards the whiplash I would contact a solicitor a bit later on as I imagine your first priority is to get hold of a hire car.

NB.You won't have to pay for the hire car.Helphire/Driveassist will arrange to get the money direct from the other insurance company.


Best of luck

BoltonMinx

We got a loan car from the claims company which was through BF's insurance AA even though he only had TP. It was one of those no win, no fee claims cases. The other driver however admitted liabilty straight off the bat which made things easier. We got our car within 2 days of the accident, so might be an option for you - HTH.

Poppy9

Soolin

So sorry about your accident and I hope you will feel better soon.

You maybe able to get a hire car from your insurers now as they will not yet have assessed your car as a write off. As previous posters have said you will need your insurers to claim back any cost from the other party. Do you have legal protection on your car or home policy. If so contact them asap. They will help with all parts of your claim including injuries.

Did you call the Police. I might be wrong but if anyone is injured in a road accident you have to call the police. Not sure if there is a time limit.

Take care.:grouphug:

Bossyboots

Sorry to hear about your accident. Mine pales into insignificance when compared to yours.

In my situation, the insurer for the other driver was Diamond. They confirmed they would provide a courtesy car but mine was still driveable. They did say they would provide a car when mine was being repaired in that case. (It is in fact written off and fortunately they have paid out very quickly so I have been able to replace it).

What happened with me, was that I notified my insurers of the accident and she presumably notified hers straightaway as well. Withing a few hours Diamond had telephoned with the offer of a replacement car.

If you cannot manage without a car, you will have to hire one and then claim the costs back as special damages. You must not hire anything excessive and they will probably only cover you until they have paid you out for your car or even when they indicate it needs to be written off.

As it will be obvious he hit you from behind, it doesn't matter what his story is, he is responsible. Liability should not be in question in these circumstances.

Diamond have made my personal injury claim easier by admitting liability immediately. My doctor has suggested physio but I am hopeful things will resolve. Most of my injury has cleared up, except my left arm and hand and a problem with the sciatic nerve although I still have to be careful of my back and neck.

soolin

Thanks for all the suggestions.

I have spoken to my insurers Direct Line, and they say as I was hit from the rear the accident cannot have been my fault at all, so even without talking to the other insurers they will arrange for a hire car at no charge.

They also said that there would be no excess for me to pay.

They've told me that they will deal with everything, the garage has already arranged to come and get the car on Monday morning and will let me know on Monday afternoon whether it is a write off or not. Since it is actually in pieces, I doubt whether there will be much to inspect.

I haven't thought about the personal injury side of things yet, I still feel a bit muddle headed.

Soo

nearlyrich

Soolin
Sorry to hear about the accident but glad you are OK, cars can be replaced good MSErs can't.;)

You have seen the doctor and presumably had your neck and back x rayed, next step is see a reputable solicitor on a no-win no-fee basis, try to avoid the ambulance chasers who will no doubt have a advert on your casualty appointment card:eek: .

I had a similar experience almost 5 years ago, the guy ran into me when I was stationary on the motorway in traffic, he also admitted he wasn't paying attention and it was all very straightforward with the insurance and the personal injury claim. Make sure you get the physio you need, you can go private if the NHS service is on a long waiting time and the other drivers' insurance will pay as part of the claim. That's where a good solicitor comes in handy, they will also claim their fees from the other party, some of the others seem to take most of the award for their fees.:mad:

Take care and if you feel worse tomorrow don't be surprised, as the shock wears off the aches and pains seem to increase, take a couple of weeks off work, get comfy and get the other half and children to look after you.:)


Edited to add: Sometimes coutesy cars or hire cars provided are very basic without power steering, bad enough if you are used to power steering but almost impossible to drive whilst you are sore and stiff. Ask the insurance company to provide a car that has power steering.;)

Bossyboots

I must admit, my run in with another car was much less than Soolin's and it was over a week before I could drive again. The main problem was the pain in my back and left arm which as nearlyrich says would have been less of a problem with power steering.

MarkyMarkD

Soolin

Very sorry to hear about the accident and glad that you are basically all right, if shocked and uncomfortable.

The third party's insurers are very likely to offer you a courtesy car, as it's cheaper for them to do it (where it's blatantly their customer's fault) than for you to sort it yourself and then claim back the cost from then. As the other posts say, you can certainly ask for this to be a comparable car - not just the standard base model Ford Ka or Nissan Micra which they seem to allocate - you obviously need sufficient space for the family and so forth as well as a car which is reasonable for you to drive.

The Helphire or similar route is an option but a lot more effort than letting the other insurer sort you out IMHO.

As it's an obvious write-off, they should make you an offer asap - but of course, once you accept that, they'll want the courtesy car back. So you really need to look for a new car asap too.

When my wife's car was written off by a third party, they gave us a car for a week as a fixed period, which didn't cover the period we were without a car. Luckily we could manage, but for many people this could be a right nuisance.

Take care!

MMD

soolin

Again thank you to everyone who has responded.

I do actually feel much worse as the days go on, at the moment I can't even think about cars and stuff without getting upset.

The guy who hit me phoned yesterday and said he had told his insurers that he had hit me, and they are happy to deal with all my claims if I want to talk to them. I'm going to let my insurance people do it all though. Luckily the other guy is being really brilliant about this, his only concern is whether i am OK or not.

It did occur to me as well, like someone said here, that once my car is officially written off that the loan car won't materialise, so first thing in the morning I'm going to get back onto my insurers and ask them about it again. I'm really worried about getting to work next week (although I don't have to go in until Wednesday) as I can't see me being able to get on a bus easily as I am in pain, I'm not even sure though whether I could drive, I'll have to see. I just thought that if I could get the car arranged for Monday, even if my own car is officially written of on Tuesday morning I might get to keep the loan car by default for Wednesday for work. I can manage after Wednesday as I will be working locally then and can walk.

Soo

Bossyboots

Take it easy soolin. I went back to work the next day, although light duties only, someone else did my job for the week. I really thought I was okay until I had to do my own typing again and my hand and arm are still very sore even typing this. My back is still sore if I sit for more than 10 minutes. I have just done a 30 minute drive and it is really playing up now.