MK5 Golf GTI
General => Random Chat => Topic started by: stealthwolf on September 01, 2013, 01:03:56 pm
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Need some advice please.
Insured with Brentacre at the moment. Been in my first accident today (pics will follow once I've sent them to insurance company). Apart from the gutwrenching feeling of it, am just about coping okay. The biggest issue I have is work and commuting. Workplace is out in the sticks and public transport isn't really feasible.
I don't think I have hire car on my policy though will have to double check (do have one with RAC breakdown cover).
The options the insurer gave me were:
- they could pass my details to to Enterprise rent-a-car, who can get in touch.
- the insurance repair company can give me a hire car
The concern I have is basically avoiding being screwed over by having to pay the charge for myself. I've heard of problems where the hire company can't claim costs from the other side, so I would end up paying them.
Any recommendations?
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Was it your fault?
If not, then you're perfectly within your rights to accept a hire car off the people repairing yours and it'll be charged back to the other person's insurance. I assume it's going into VW too? They will be more trustworthy, so to speak, than one of these dodgy insurance approved Haward B'stard places.
I know this is a big money making racket and they'll stuff the other person extortionately for lending you a Micra or something, but if you need a car, you need a car.
I'd go through the paperwork with a fine toothed comb, don't accept any liability for it and give them no card details etc.
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No not my fault. I was driving fairly slow maybe 15-20mph and he pulled out of a side road. Admitted liability. I'm still undecided about what to do with respect to repairs. They've just picked the closest insurance repair company. My insurance excess is around £300.
Pics:
(https://www.mk5golfgti.co.uk/forum/proxy.php?request=http%3A%2F%2Fdaz.co%2Fmedia%2Fv55%2Fstealthwolf%2F53C7904A-BF2D-445E-8EF2-D1FF3E382008-26116-00001781F8D158BF_zps4b3dba02.jpg&hash=c47049be0ceb13b7b0a19e8e355a5d74427fa183)
(https://www.mk5golfgti.co.uk/forum/proxy.php?request=http%3A%2F%2Fdaz.co%2Fmedia%2Fv55%2Fstealthwolf%2FAE021B44-A9C4-4837-8425-6BCB74358102-26116-00001781F2D8D19F_zps3380c184.jpg&hash=0fe66f87e657f8a22a6b7caec38e6c317f417d46)
(https://www.mk5golfgti.co.uk/forum/proxy.php?request=http%3A%2F%2Fdaz.co%2Fmedia%2Fv55%2Fstealthwolf%2FDAB5F100-1A78-4B99-860B-5173FF062EEB-26116-00001781ECC0D7DF_zps4997f026.jpg&hash=7cd060e7aa79be624cd00471ca27b55fafd95c2c)
Complete gayness as there's damage to the Monza alloy. I was planning to take them off on Tuesday and stick the standard Pescaras back on.
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sorry to see mate. as you need your car for work (home visits and the like) i do not think you're out of order to demand a hire car from the 3rd party's insurer, tho as above if you take it to a VW approved garage (which again I feel you're within your rights to request) then you normally get a courtesy car anyways.
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Courtesy car tab is picked up by third party
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It won't cost you your excess, it's a 3rd party claim.
Personally I'd take it to VW or A.N.Other trusted bodyshop, the other person has absolutely no say in where you choose to have your car repaired. Pick the best.
Ensure they check the alignment too, a little knock can easily bend a wishbone, trackrod etc.
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Get the phone number of the other drivers insurance company and ring them direct . Tell them the situation and tell them that you don't want to rip them off but you are entitled to hire a car of equivalent quality to yours and bill them direct . I have done this twice before and they are only too pleased to deal direct as they caqn then use their car hire people , which costs them less .
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Bingo ^
Maybe also point out you're not being a scutter and putting in an injury claim too, they may lend something from the posh range :wink:
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The repair company is one that Greeners knows and the hire car company is Enterprise rentacar. Asked them about what happens if the other side's insurance doesn't cough up and they said they just take the car off me and won't charge me.
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Well that's a result in anyone's book! :happy2:
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i could probably write a reply here which would take many pages, so please PM me if have specific questions.
be careful though as its not legally as simple as some of the advice offered above my members would make it sound. the advice from garrard makes sense, if the third party insurer will supply the hire car this leaves you in a much better position that getting a credit hire car from ERAC through your own insurer.
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So when I rang my insurers yesterday, they told me the car was insured. When I rang today, they told me the name of third party's insurers. When I rang the third party's insurers, they state that the vehicle is not insured by them. :fighting:
So either he's not insured, or I have the wrong third party insurance company.
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Check here mate: http://ownvehicle.askmid.com/
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It's on there and it's the right car. I suspected it was just a cock up from my own insurers.
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The MIDIS is fairly accurate but is not a 100% true picture of whether insurance in in place or not because sometimjes the insurer may have cancelled the policy and not yet had themselves removed from the database.
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When I rang my own insurance company yesterday, they confirmed the third party had insurance. Would they have just used the same website?
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Okay so I rang another insurance company and they were able to confirm the third party was insured by them, but third party haven't rung them to put in a claim or anything, so haven't been able to ask them about hire cars etc.
Meanwhile, my insurance company state they've passed details on to the repair company but if when I rang the repair company, nothing's come through!
:fighting: :fighting: :fighting:
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Or the bloke gave false details? :surprised:
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Did wonder that. The third party insurers have confirmed the car is registered with them. But obviously they won't verify his details because of "data protection". So we know a car was registered with an insurance company but I really have no idea whether the guy was genuine or not. If my car was drivable, I would have gone and checked out his address to see if the car was there or not.
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Depending how long he's been there and a bit of luck, check Google Maps Streetview, lol. Let the hunt commence.
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It would help if googlemaps didn't blank the number plates. There are a couple of cars that match but difficult to tell.
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I had something like this happen to me a few years ago with my scooby,guy drove in to the back of me at traffic lights but was only minor damage but I rang his insurance company who said yep he is insured and rang mine and both said yep he is covered for me then to ring them the day the car was going into bodyshop to check insurance on guy and all was good, I then went to collect car a few days later to find out he was not insured its just the Mid database was not accurate to that day so guess what I had to pay my excess :fighting: :fighting:. I went down every step to try get my money back but that was not happening as both me and my insurance company was out of pocket and as the car owner was no longer in ownership of the car and could not be located I got facked for it as I did not involve the police for something so minor as a cracked bumper and a damaged exhaust. You can't trust anyone :fighting:
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Well in this situation, the third party vehicle is ensured with the correct insurance company - rang them direct.
Just spoken to my insurers for the third time and managed to get someone who rang the repair company whilst I was on the phone and has confirmed they have received the instruction. Now I have to wait for the repair estimate guy to come round (today or tomorrow) and check things over. Hopefully will be straight forward and then I can speak to the hire car company and get rolling.
But am tempted to take Berg's advice and just hire a car directly and take it from there.
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Yep that's how mine went all up to when I picked it up in fact it might have been a week after I picked it up it was then I found out oops guys not insured but I am sure you will be fine I just got a knob head :fighting:
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it might have been a week after I picked it up
Yikes! Didn't know that could happen. Particularly as I'd rung the third party's insurer direct. Assumed it would have been up to date on their computers even if not on the MID.
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He probably is insured but just has not reported it, happens all the time.
Even if he is not insured on that vehicle as long as he is identified the insurer has to deal as RTA insurer. eg Joe Bloggs gives you his details and address but it turns out Joe had taken his mates car without his permission and has not insurance whatsoever = insurer has to deal.
Vehicle is insured but keys taken from communal flat whilst policyholder was in the shower and he is not sure which of his flat mates took the car and you cant ID the driver who fled the scene = insurer does not have to deal and you must put claim through the Motor Insurers Bureau under the Untraced Driver Scheme.
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Yep tried the mib but unless its reported to the police at time of accident they don't want to know but they did try to trace the guy who hit me but could not find him
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stealth - did you take any photos at the scene? & did you snap the driver?
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Took pics of everything but in my haste forgot to snap the driver. Have already forwarded everything on to the insurance company.
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Sorry to see this chap. Why not pay the bodyshop a bit "extra" and get them to do the whole side? ;)
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I had something like this happen to me a few years ago with my scooby,guy drove in to the back of me at traffic lights but was only minor damage but I rang his insurance company who said yep he is insured and rang mine and both said yep he is covered for me then to ring them the day the car was going into bodyshop to check insurance on guy and all was good, I then went to collect car a few days later to find out he was not insured its just the Mid database was not accurate to that day so guess what I had to pay my excess :fighting: :fighting:. I went down every step to try get my money back but that was not happening as both me and my insurance company was out of pocket and as the car owner was no longer in ownership of the car and could not be located I got facked for it as I did not involve the police for something so minor as a cracked bumper and a damaged exhaust. You can't trust anyone :fighting:
Your Insurance company should have persued your losses throught the Motor Insurers Bureau , they all pay into it to cover uninsured drivers and their customers ......Seen this was covered already ! I'll get my coat ! :innocent:
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The damage is only to front wing and bumper. Imagine wing needs replacing. Need to ensure they blend it but otherwise would be happy with that. Alloy may need refurb/replacing too.
Going to Enterprise first to pick up hire car.
Repair company coming to pick up car on friday.
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i thought black didn't really need blending?
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It's diamond pearlescent black so need to make sure pearl is blended.
Anyway, went to Enterprise Rent-a-Car. I'm not entitled to a hire car on my own insurance but they were planning to claim it against third party. I argued that the F class car they were going to give me (something like a Vauxhall Insignia) was too large to fit in my garage so they've given me an A class car (some crappy chevrolet I think, very plasticky and very high driving position). The rate is something like £30/day which isn't too bad if I had to pay out of my own pocket. Brand new car with no marks of any kind.
Running into problems with repairer. They need to pick up car as it's not drivable (offside front wheel wobbles when driving) but couldn't do it initially until next week. now they say this week but it's a problem with taking time off work as lots of patients already booked in and can't cancel them - already had to do that for monday and this morning. Do these companies work at the weekends? Or could I insist on another company? Or is there any way I can push for the repair company to speed things up?
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Did you try and speak to Del Jaz?
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The girl on the phone was new and didn't have a clue. :sad1:
Was planning to speak to Del about the paintwork once the car was in but do you think it's worth chatting to him before the car's picked up?
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The girl on the phone was new and didn't have a clue. :sad1:
Was planning to speak to Del about the paintwork once the car was in but do you think it's worth chatting to him before the car's picked up?
I doubt he'd be pleased that they can't get out quick enough to collect a car! Thats what they do to make money for christ's sake! :rolleye:
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Well spoke to Del. Don't think it helped much at all - because it's going through insurers, he was very strict about the way things would be done (eg I suggested if an alloy wheel repair is what delays things, then I have the pescaras to stick on so not waiting forever).
Guess I'll have to wait until Friday when they'll pick it up and we'll go from there.
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So sitting at home waiting for the recovery vehicle. It sounds as if they only have one and I feel like I'm being prioritised last. Was assured it would arrive between 1100-1500 today (only time frame I can be home). 45 mins left. If it's a no show, can I just go back to the insurers and get another repair company involved? It's been 6 days since the accident and the car's still in my garage, undrivable.
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So sitting at home waiting for the recovery vehicle. It sounds as if they only have one and I feel like I'm being prioritised last. Was assured it would arrive between 1100-1500 today (only time frame I can be home). 45 mins left. If it's a no show, can I just go back to the insurers and get another repair company involved? It's been 6 days since the accident and the car's still in my garage, undrivable.
its your car so you get to choose the repairing garage not your insurer.
6 days no car = 6 days loss of use = £60-75 in your pocket to be included in your small claim against the insurer in contract
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So sitting at home waiting for the recovery vehicle. It sounds as if they only have one and I feel like I'm being prioritised last. Was assured it would arrive between 1100-1500 today (only time frame I can be home). 45 mins left. If it's a no show, can I just go back to the insurers and get another repair company involved? It's been 6 days since the accident and the car's still in my garage, undrivable.
its your car so you get to choose the repairing garage not your insurer.
6 days no car = 6 days loss of use = £60-75 in your pocket to be included in your small claim against the insurer in contract
scratch that, as you have your hire car now dont you? so you cant claim loss of use apart from any days when your car was off the road before the hire car was provided to you, which will be miniscule/de minimis
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Looks like you've been royally screwed by both the repairers and the ins.
Third party claims should always get a hire car. The other ins pay for it. Like wise no excess should be paid but that will depend on if you've felt with an accident manager firm or your own ins.
Once the garage receive the work order they should inspect the vehicle the very next day, non drivers should be placed in a courtesy car immediately.
Authorisation for repairs usually takes a few days and the repair should be complete and returned to you within a week no hassle.
It should be a new wheel as it's diamond cut. Hopefully your repairng garage know this or it'll just get painted silver.
Hth
Jake
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I made a claim in Jan 2008 for flood damage to a car, insured at time with Highway through Brentacre.
From what i remember i, had a hire car within 48 hours, assesor did take 8 days to view the car that was sat at VW, returned repaired after 5 weeks. New engine as it went swimming :signLOL:
Couldnt fault the service.
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Well car was collected at 1430 in the end. I will have to pester them and the insurance co to get things fixed. Don't see why I should wait five weeks for a repair. Any way I can speed things up?
Apparently I have to pay excess to garage on collection and then insurance pays me? Am with highways through brentacre.
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Not now really as they have the car.
You can choose who repairs your car regardless.
You will now have to claim your excess back
Should this ever happen again. Don't inform you ins and speak to a company like Collison solutions. A family run firm like ours who will deal with the claim. They make money from the car hire. Not personal injury.
Your car should of been fixed 4 weeks ago.
All you can do is write a letter of complaint. Unless Brent care know put issues they can't resolve them.
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4 weeks ago? The accident was only 6 days ago.
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Sorry didn't realise. Just with you saying you shouldnt have tonwait five weeks for repairs. And you shouldn't.
Just make sure they blend it there's about 14 shades of black magic now.
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Never use an accident management company, their clauses are always written so if the insurance company refuse to pay they claim it directly from you! It is the claimants duty to minimise costs such as hire, while an accident management company does the complete opposite!
There are also plenty out there currently under investigation by insurance companies and the IFB and they will delay the claim because of their investigations.
Easiest option if you are not at fault is to approach the other persons insurance. They will want to keep the cost down so will supply the hire car and get your car repaired etc.
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Not now really as they have the car.
You can choose who repairs your car regardless.
You will now have to claim your excess back
Should this ever happen again. Don't inform you ins and speak to a company like Collison solutions. A family run firm like ours who will deal with the claim. They make money from the car hire. Not personal injury.
Your car should of been fixed 4 weeks ago.
All you can do is write a letter of complaint. Unless Brent care know put issues they can't resolve them.
You have to inform your insurer, even if for notification purposes only, otherwise you are in breach of the policy terms and conditions and run the risk of your insurer failing to indemnify you, which if they had to deal with a third party claim under their Road Traffic Act obligations could lead to them claiming the money back from you if the successful claimant signs a form of assignment and agreement giving them a right of subrogation, or if they have already cancelled your policy for not cooperating you could end up with a CCJ against your name. Of course, these are worst case scenarios.
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Just spoken to the assessor/estimator. Wing will be replaced and painted. Alloy wheel is going to A1 wheels and they will get a new tyre on there. I've asked them to look at the bumper because there were scuffs on wheel arch. Tracking was fine. Estimate has been submitted to the insurance company so just waiting for that.
Will get on to the insurance company this week and see if we can push things along.
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So to update so far:
Rang them on tues and they had submitted the estimate to the insurance company.
Insurance company approves same day
Car won't be ready until Thurs at the earliest.
:sad1:
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Atleast its now moving along, what did they do about the car hire
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The repairers offered one but they couldn't pick up my car for about a week. Hence went to Enterprise who plan to claim it off the other side. That bleedin' Chevvy Spark has been playing havoc with my back.
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Car is ready now. It was supposed to be ready yesterday but I can't pick it up until the weekend.
So plan is to go in tomorrow to inspect the work and pick it up. ERAC have also rung up to say that they've been told the car is ready to pick up and hence want to collect the hire car.
Two questions:
1. What happens if I'm not happy with the work? Do I reject it? Or tell them it's not right, but drive home? What about the hire car?
2. I have to pay the excess on collection. How do I claim this back from the third party?
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If you have legal protection on your insurance then use it to reclaim the excess.
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Just picked up the car this morning. Wheel refurb was a little disheartening - absolutely perfect except the outer lip is slightly wider. I can notice it but no one else did until I pointed it out. The wing looks okay in terms of paint but ever so slightly wider panel gap where the wing meets A pillar.
Better news is that my back is now 100% better since sitting in the GTI. Miss that lumbar support.
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Just picked up the car this morning. Wheel refurb was a little disheartening - absolutely perfect except the outer lip is slightly wider. I can notice it but no one else did until I pointed it out. The wing looks okay in terms of paint but ever so slightly wider panel gap where the wing meets A pillar.
Better news is that my back is now 100% better since sitting in the GTI. Miss that lumbar support.
Should have rejected the repair until it was perfect.
Repair firm don't get paid until you sign it off and say you are happy.
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Go back and get them to do it correctly. Or pop over and I can sort the panel gaps.
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I was gonna sort out the panel gaps wth you alex anyway.
The main concern is the refurb. The lip is a lot larger than when I first spotted it because of the thicker tyre wall/rim protection. Can I still reject it despite having collected the car?
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Okay to update, just received a letter from my insurance company asking me to fill in a written description of the accident and the damage, as well as third party details.
Is this normal or is this an indication that the third party is now denying the accident?
I already sent them photos of both cars and several times verbally confirmed the details of events over the phone.
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Okay to update, just received a letter from my insurance company asking me to fill in a written description of the accident and the damage, as well as third party details.
Is this normal or is this an indication that the third party is now denying the accident?
I already sent them photos of both cars and several times verbally confirmed the details of events over the phone.
Anything is possible with an insurance company - under staffed - overworked - just crap - awaiting police report - or what you suggested.
In my opinion - If you contact them make sure it's in writing and recorded delivery for all documents, ask for a progress report and what is delaying the case moving to completion!
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it is normal for most insurers to request you to fill in an ARF - Accident Report Form - but surely this should have been sent to you about 6 weeks ago??
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We had one were the third party who was at fault found a witness and our customer was liable for the claim. He's still fighting it. Basically if you don't admit liability they can't claim off you unless it's super clear cut
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this should have been sent to you about 6 weeks ago??
That's my point and...
...if you don't admit liability they can't claim off you...
...that's my concern.
I've no idea why it's taken so long but am worried the third party might have turned around and denied the accident. I've got the photos of the damage on both cars and can easily draw an accurate diagram but does this sound like it's going down to 50/50? Or is this Highways/LV being just a bit slow/lazy?
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The whole not admitting liability thing is a red herring - your insurer (on a private motor policy, commercial policies are different) has a right of subrogation ie they can admit liability on your behalf even if you swear blind it was not your fault or dont communicate with them in the hope that they cant do anything without your consent. So... if the other party is advising his insurer he was not a fault they need to investigate the matter. You need to get on the blower to your insurer and speak to the claims handler and ask them for pp on liability from the third party insurer's point of view.
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ask them for pp on liability from the third party insurer's point of view.
Stupid Q: what's PP?
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sorry, present position
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Not heard anything for two months so rang up and find that the third party is alleging that I pulled out from a parked position. :fighting: This is on a main road that is relatively narrow so parking would mean obstructing an entire lane of traffic. They're waiting on the third party's insurance and asked if I was willing to proceed to court, which I am.
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Pm me if any questions
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So not hearing anythign for months, I now get a letter from my insurance co stating that third party is still disputing liability. They claim I pulled out from a parked position. This is despite the fact that opposite the junction are double yellow lines and railings so I couldn't park without obstructing traffic (in which case he would have seen me). LV want to settle 50/50 but may abandon claim if they reject due to lack of evidence.
Feckers.
So what can I do?
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Just on my phone at mo ill try type a proper reply later when kids are in bed
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Right, you need to be quite bullish with your insurer and advise that they are not to prejudice your position. You have paid a premium for them to indemnify you and you expect them to stand by you and not run for the hills just because liability is disputed. I presume you have already pointed out the factual points you have stated above which should lead them to believe that your version of events is far more likely on the balance of probabilities. Do you have any uninsured losses to recover such as insurance excess? If so, would you be prepared to issue proceedings through the small claims court and attend court to give evidence to fight your corner. As it would be a small claim you dont need to worry about legal costs if you lose.
Unfortunately, if you dont show to the insurer that you are willing to attend court then they can agree to the 50/50 withut your express consent as the insurer has a right of subrogation. :fighting:
It is a sad reflection on society when people cant just hold their hand up when they genuinely know that they are at fault :sad1:
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More than happy to go through small claims. Do I do this through my insurer or separately?
I already wrote in my statement that I would be prepared to go to court if necessary.
Edit: from the looks of things it seems like they just said "well TP is contesting it and there's no evidence so we'll just roll over". If they visited the area or looked at the pics from google earth of the junction that I sent, they would have been able to see the railings and yellow lines. Even if they say it happened on a different part of the road, the nature of the damage would be different.
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More than happy to go through small claims. Do I do this through my insurer or separately?
I already wrote in my statement that I would be prepared to go to court if necessary.
Edit: from the looks of things it seems like they just said "well TP is contesting it and there's no evidence so we'll just roll over". If they visited the area or looked at the pics from google earth of the junction that I sent, they would have been able to see the railings and yellow lines. Even if they say it happened on a different part of the road, the nature of the damage would be different.
You would have to do it yourself through Money Claims Online, or do you have a broker who referred you to LV? Some brokers have strong links with solicitors who will deal with your claim without getting paid as a favour to the broker to keep them sweet. You must make sure that the insurer does not undermine you though. If they agree a 50/50 on liability this would be binding and prejudice your position.
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Insurance is through brentacre with LV as underwriters. Have legal cover as well though would need to check what it covers. Will ring LV on monday.
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Have a moan at brentacre and see what they say
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Right after a bit of faffing around, told LV what I wanted to do. Spoke to Brentacre and went through the legal option (I paid the legal premium) who've directed me to Winn Solicitors. Not sure if it was the right option but they're aware it's to reclaim the excess.
EDIT: Looks like they're one of those "no win no fee" solicitors.
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Right after a bit of faffing around, told LV what I wanted to do. Spoke to Brentacre and went through the legal option (I paid the legal premium) who've directed me to Winn Solicitors. Not sure if it was the right option but they're aware it's to reclaim the excess.
EDIT: Looks like they're one of those "no win no fee" solicitors.
Winn solicitors are a big firm in the North East I think? Every solicitor is a "no win, no fee" solicitor as after 1st Aprl 2013 the success fee element of the CFA switched from the Defendant having to pay it to the successful Claimant ie if you win, your solicitor charges up to 25% of your damages, if you lose you pay nothing.
However, as your claim only comprises property damage in the form of the excess this agreement will not apply and it will be governed under the terms of the arrangement between Brentacre and Winn's.
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Thanks for that. Didn't know about the change. Do you think I did the right thing or should I have just stuck to doing it myself? When I spoke to brentacre, they said I could go through Winn's.
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Thanks for that. Didn't know about the change. Do you think I did the right thing or should I have just stuck to doing it myself? When I spoke to brentacre, they said I could go through Winn's.
Yeah may as well let them fight your corner, you may still need to be fairly bullish though and say that you wont be looking to accept a 50/50