Insurance claim Advise needed

[Jim Jamieson]

Sorry to here about this and hope you get things sorted out.

You've got plenty of good advice on here but I would invest in an in car camera for the future. It's the best witness you could have.

[Ravinder]

Thanks everyone for their advise. So, the car is booked in to be assessed on Monday. I will make sure I am there the whole time while they assess it and I will drive it back home when their done.

With regards to this payment in lieu business and the car not being written off, can I still discuss this after the assessment? What I mean, is that when they see it on Monday, will they decide there and then it's a write off and I have mo choice? Or can they say it's a write off but then I can try and negotiate it with the insurance company?

I claimed through diamond insurance as that's who she is with. I'm wth admiral but was told over the phone by diamond that they're part of the same group and that it will all be done internally. I've had contact from both diamond and admira advisors. So, I'm now unsure who its going through?

Someone mentioned above that the other insurance company can't write it off since it's not their car it's insured with but where do I stand with this?

Thanks also, Jim. I didn't call the police as there was no damage to the road or anything else apart from my car.

I did bump into an officer at the local petrol station near where it happened and asked for his advise. He was very polite but said there wasn't anything he can do and that I had to go through the insurance and let them deal with it. But, when he saw the damage he immediately knew it was no fault of my own which was reassuring. I also told the insurance company this.

[carl]

you can basically say no im not accepting that at any point - until you accept their offer its still your car -

you can ask about payment in lue after the assessment - the insurance will tell you the cost of repair is more than the cars value or its uneconomical to repair it - at that point say "ill take payment in lue of damage " - they may say no and offer a write off and for you to retain the salvage - if they still say no its a write off and we want it - cant see that TBH

then say i need to take advice - then ring your insurance and expalin the car is going to be total loss but you want to retian the salvage - your in sirance may offer to pay you out and you keep the car - then claim back from the third party (thy will also add a fee to their bill for the hassle )

[davel22]

make sure you keep the car in your passion ,no matter what if it needs inspecting get them to come to you, they might try and write of and will try to take it away keep the car get money in lieu of repairs and sort your self

[lady zed]

Originally Posted by carl

you can basically say no im not accepting that at any point - until you accept their offer its still your car -

you can ask about payment in lue after the assessment - the insurance will tell you the cost of repair is more than the cars value or its uneconomical to repair it - at that point say "ill take payment in lue of damage " - they may say no and offer a write off and for you to retain the salvage - if they still say no its a write off and we want it - cant see that TBH

then say i need to take advice - then ring your insurance and expalin the car is going to be total loss but you want to retian the salvage - your in sirance may offer to pay you out and you keep the car - then claim back from the third party (thy will also add a fee to their bill for the hassle )

Yip. Remember.... IT'S YOUR CAR. You're claiming to help you repair the car, you don't have to, it's always your choice. Equally, it's the insurance companies choice to help you repair or offer you cash to write it off if they don't see it as good value but it's still YOUR CHOICE whether you accept. Worse case scenario is your pay for the repairs yourself and don't go through insurance at all.

[lady zed]

Originally Posted by davel22

make sure you keep the car in your passion ,no matter what if it needs inspecting get them to come to you, they might try and write of and will try to take it away keep the car get money in lieu of repairs and sort your self

See I don't quite get this. If someone takes my car for inspection then doesn't give me it back, that's theft surely????

[Avulon]

Originally Posted by Ravinder

Thank you for the advise.

There's no witnesses, unfortunately.

I have one person who didn't see the accident but was present when the other person admitted fault.

I'm not sure if there is any CCTVs. I don't remember seeing any as it was at a busy junction.

There's nothing to admit at my end as I wasn't at fault at all. She shunted me.

I got her name, address, DOB, insurance details etc and pictures on my phone.

I actually called her insurance company first and reported a claim this way. The guy on the phone was really good and says it will be claimed on her policy and not mine and it won't affect my no claims etc. He said he will now try and call the lady to her side of the story before getting back in contact with me.

It's almost certain it's going to be a write off. All I can do is hope for the best.

I will do as advised and make sure the car doesn't leave my house. Also, how do I go about getting an independent assessor? Is this something I have to do through insurance or someone I have to find myself and pay for?

If you can, go back and look to see if there are any CCTV either council/highways or local business that might have covered the scene of the accident then make requests (might need a freedom of information 'FOI' request) for the footage (supply date and times).

Originally Posted by kevin75tourer

Sorry to here about your bad luck,. How ever carefully we drive we cannot allow for the person behind use!


1. Do not let then take it way/ out off you site. I would make them come to me at their cost unless it needs to go up in the air.

2. Get a trusted local repair company to give a second quote to repair and the other company may only be interested in the write off value.

3. Ask for the repair costs as a cash settlement without it being written off as it was not your fault. Indeed insist on it! remember the assessor works for the insurance company and their job is to limit the costs. This rout can take a lot off time and hasel. Both Tom Pinney and H over on RCOC when though this Indeed Tom Pinney twice once with his tython ZTT and once with his 420 Turbo which took about two years.

The other routs are less hassle and time but will cost you more money.

4.When they value your car if you do not like their price challenge them to find a compassion in the market place in the same condition and milage and try and find some examples your self. If they cannot find one then you could argue a replacement in a different colour would be plus the cost off paint and a full respray. Then maybe settle for the cost off the paint on top off the value.

5. To avoid a cat C or D you could ask for a cash settlement but this would have to be less than the value off the car.

6. Do not take their first offer.


Good luck


Just one final point even if you are not going though your insurance company you still need to let them know that you have been involved in a accident and yes it will cost you but not as much as having your cover made not valued after any other accidents that might happen.

I am still having a claim sorted out from when someone when into my van in May 2015 so know how long it can take.

A lot of sound advice.

Originally Posted by carl

First thiing to say here is arnold clark might be the other parties prefered repairer - they arnt yours - its your car - you tell them where its going

Take it to somewhere of your choice and get a price for a green parts repair - thats insurance speak for using second hand parts - it will drasticly reduce the price of the repair (and reduce the chance of total loss)

The third party cant write it off as they dont insure it

your best out come may be to accept (or ask for ) payment in lue of repair - basically they say the cars not worth repairing so they pay out on it - less what youd pay to buy it back for a write off - but the crucial difference is its never been written off on paper

Firstly, if Arnold Clark are the other insurers 'preferred repairer' by all means let them inspect it and give an assessment and repair quote. I bet it won't be detailed enough by half. It'll be a price for repair or a simple statement that it's uneconomical to repair with no justification. Whatever they say take it with a pinch of salt. Also remember to log your time and mileage in taking it see them (this adds up in the losses column for you to recoup via your claim) 50p a mile and £15 an hour is reasonable - but if you actually get paid more than that and need to take time off work for this - then charge them your normal hourly rate. Don't leave the car with them!

If you don't like their judgement then tell the insurance that you want a second engineers opinion (a proper motor engineer: they do exist) not the opinion from some body shop - there may be more damage that can only be judged by careful measurement. they will either suggest an independent inspector or ask you to propose one.

Originally Posted by Ravinder

Thanks everyone for their advise. So, the car is booked in to be assessed on Monday. I will make sure I am there the whole time while they assess it and I will drive it back home when their done.

With regards to this payment in lieu business and the car not being written off, can I still discuss this after the assessment? What I mean, is that when they see it on Monday, will they decide there and then it's a write off and I have mo choice? Or can they say it's a write off but then I can try and negotiate it with the insurance company?

I claimed through diamond insurance as that's who she is with. I'm wth admiral but was told over the phone by diamond that they're part of the same group and that it will all be done internally. I've had contact from both diamond and admira advisors. So, I'm now unsure who its going through?

Someone mentioned above that the other insurance company can't write it off since it's not their car it's insured with but where do I stand with this?

Thanks also, Jim. I didn't call the police as there was no damage to the road or anything else apart from my car.

I did bump into an officer at the local petrol station near where it happened and asked for his advise. He was very polite but said there wasn't anything he can do and that I had to go through the insurance and let them deal with it. But, when he saw the damage he immediately knew it was no fault of my own which was reassuring. I also told the insurance company this.

Make sure it goes through diamond and not your own insurance - insist on it. I can't stress that enough: make sure there is no claim whatsoever going against your insurance - their (Admiral's) involvement should start and stop at being notified that a vehicle they insured was involved in an accident and the circumstances of that accident (and any eventual settlement by the other insurer). They aren't allowed to collude when they have a possible conflict of interest, that's cause for complaint to the ombudsman (and I thinks it's the FCA for insurance but don't hold me to that). - I would almost certainly think about a solicitor with experience in motor claims: especially if you want it repaired and that would cost less than a satisfactory replacement. (most will be handled by paralegals) the cost goes onto your claim (but is limited depending on the probable compensation amount). Once you have agreed a value for the repairs and it's less than the value you agree for the car then they can't write it off - but they can insist on only paying you whichever is the smaller sum - in this you have legal duty to keep costs reasonable, it's unreasonable to insist on £3k of repairs to a £2.9 k car I'm afraid: However as long as the repairs + all other costs would be less than the write off value + costs so far (i.e. at the time of settlement) you should stick to your guns. The point of taking payment to arrange repairs yourself is that this reduces the costs portion significantly (hire cars are expensive - but not necessary if you already have other options). Taking payment in lieu of repairs settles the claim without having to wait the extra time for the repairs to be completed (along with the extra costs that incurs). And that is what most people forget, it's not only the cost of repairs, it's all the other costs that add up because you don't have the use (amenity) of your vehicle.

On the note of colour - you can't usually specify that valuation depend on exact colour - until it becomes a rare colour that demands a premium price if that's what you have ( you did say it's a monogram didn't you) then valuation must take that into consideration.

Sorry another long post. Hope it's some help - Just be prepared for it to drag on for months - these things don't happen quickly when you refuse to get short-changed by the system of insurers-accident management companies-approved repairers-and the colluding insurers legal 'insurance' (worthless rip off). Not that it happens much quicker when you let them have their way either...

And did I mention : log everything - every mile every minute every cost, every email, every phone call, every letter, and save receipts -fuel, the lunch that you had to pay for whilst taking the car to Arnold Clark's etc.... On the phone always get a full name and company name in full. and log what is said while you are talking to them - even ask them to confirm that what you have written is what they intended to mean. It's very strange how two people can hear the same words clearly and distinctly with no ambiguous language and deduce two totally different meanings from a sentence - so always make sure communications are understood both ways (as far as anyone is able).

Best of luck, and I hope things get sorted quicker for you than I imagine they might.

right, off I go

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[carl]

Originally Posted by lady zed

See I don't quite get this. If someone takes my car for inspection then doesn't give me it back, that's theft surely????

Technically yes but they'll scrap it and blame a mistake if you go that one - your carless don't give them the opportunity

[Ravinder]

Thanks again for all the wonderful advise. I will make a call to my insurance company soon to get clarity on who's dealing with the claim. I want it go through her insurance company and not mine. Even if it is internal as they keep saying to me. The car will definitely be in my possession. I will make sure of that. I also have legal cover through my insurance so if I need to use this, I will as I have been advised in case they try and pull a fast one. I will also make note of everything as suggested, phone calls, etc.

[Rooney]

Good luck Rav, loads of excellent advice here.

Just one point, the freedom of information act doesn't cover cctv. The data protection act prevents businesses from releasing cctv footage unless you follow the correct procedure. You need to write to the business or individual concerned (the owner of the cctv system) and request it. They've then got 40 days to provide it and may charge you a small fee of no more than a tenner for doing so (although some will try and charge more).

Letters of request should be sent by recorded delivery