Damage by bin lorry

jk0 · 22 December 2017 at 9:39PM

Presumably o/p could just write a 'letter before action' to council for a nominal repair cost to his car? Is there even a need to quote its reg no. or year? Then there will be no need for o/p's car to be written off.

Robisere · 22 December 2017 at 9:51PM

A delivery van hit my stationary car outside my house, while delivering to a neighbour. He drove off, but 3 neighbours out on the street saw him and took his number. I approached the company and they refused to consider a claim, stating that "The driver is an ex-policeman and would not do something like that." I told them about 3 witnesses who were prepared to go to court and their position changed. They asked for my insurance details, I refused, asked for theirs and got them.

I then saw a solicitor, who obtained 3 witness statements and informed the company that a Civil Action would be taken against them, after police had been informed about an incident in which an offending driver had left the scene of an accident. The company's next move was to ask me to go to a repairer of their choice. No, I said - I will just report all this to my insurer and the Police. They caved in, it went to my insurer's repair shop and they paid.

The whole affair left me very annoyed with the kind of organisations that will do anything to avoid their obligations under the law. You have to be determined: make them pay legally and let them know you are not giving up.

bunglebear0 · 23 December 2017 at 12:36AM

Hi.
Thanks so much to you all for taking the time to reply.
I've kept the note they left just in case its needed.
I had called them all day on the day it happened, no one about so I left a message.
Got a call the next day which went like this
" I'm calling about the car that was scratched by one if our drivers, could I have your address and name of insurance company"
I give my address and tell her my insurance is with Quote Me Happy.
She laughs and says "Quote me happy, wonder if they will be happy when they need to pay out?"
I say to her what do you mean, it won't be my company paying out, it'll be yours. She then says " oh yes that's right, just the name made me laugh'
I've never had to claim insurance before so didn't really know what to expect.
I'll see if they are open tomorrow, if not I'll call them in the new year.
In in South Gloucestershire and it used to be council run. But I think a company called Suez took it over

debtdebt · 23 December 2017 at 1:12AM

Deleted_User wrote: »

Refuse the insurance company's first offer. Just because the car is old and worth nothing, why should it be written off especially when it's reliable and you know the history of it etc.

Insurance companies are scum and I have no loyalty to them.

The car being old and worth nothing is exactly why it would be written off. Why are you spouting such rubbish?

jazzy · 23 December 2017 at 1:33AM

Why not get a quote for the repair work and submit the bill to the council. It's up to them to sort out the payment, either through their insurers or to pay you directly. If they don't play ball then take them to the county court. To involve your insurance company will probably increase your annual premiums because an incident has been recorded. Good Luck!

debtdebt · 23 December 2017 at 2:47AM

jazzy wrote: »

Why not get a quote for the repair work and submit the bill to the council. It's up to them to sort out the payment, either through their insurers or to pay you directly. If they don't play ball then take them to the county court. To involve your insurance company will probably increase your annual premiums because an incident has been recorded. Good Luck!

The OP still has a duty to mitigate his losses. For example, if his car is valued at £500 and the repairs are £750, all he will get is £500 for a replacement comparable car. He can't demand to be paid for repairs if they cost more than the car. If the matter went to Court, the Courts would award damages in the same way.

The OP still has a duty to report the matter to his insurers even if he doesn't make a claim.

stator · 23 December 2017 at 11:56AM

Is the main damage to the doors or other removable panels?

If they pay out and you buy back the car you can get whole doors and panels replaced fairly cheaply by a car breakers. It won't look good but it'll be cheaper and let you keep your reliable car

System · 23 December 2017 at 2:14PM

bunglebear0 wrote: »

Hi Everyone.
I've had a note put on my windscreen from the bin men. They had put some really nasty scratches along my car. I called the number left and she just said all I need is your insurance details and address. That's it? What will happen now? My car is 15 years old, and only worth a few hundred but someone just told me it'll most likely be wrote off because it'll cost more to repair than what the cars worth. Thing is although its old, it works perfectly, flies through MOTs and is well looked after. For the money I would get I wouldn't get something as reliable.
Can anyone fill me in on what might happen.
Thanks

Throughout this process you'll still have your car but your car will be a financial write off. What you can do is "buy" the car from the insurance company, they'll give a reduced settlement which you can use to go get it painted. You can then continue to use it as you please. Nobody will come and take your car away from you without your permission.

loskie · 23 December 2017 at 4:47PM

to buy it back is around 8% of the write off value which you also get. I did this last year. Claimed directly of the other drivers insurer (Privilege) and only notified my insurer(Direct Line). No result in increased premiums. I rejected their first offer and it was upped by £200. Also able to claim £20 per day for loss of use and in lieu of a hire car.

Damage by bin lorry

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