|
||
|
20th August 2017, 18:06 | #11 |
I really should get out more.......
Mercedes C Class CDI estate (2003) Join Date: Sep 2012
Location: Gradina
Posts: 2,652
Thanks: 62
Thanked 137 Times in 119 Posts
|
For a start the owners and driver have committed an offence by not reporting the incident surely. Of course the driver is probably trying to save thier BACKSIDE....yea gods how pathetic!!! by not reporting it hoping that the reg number was not clocked. I would now be making a report to the Police even though they will more than likely be a waste of space and time on this but you have made the report and complaint which will be on file and strengthens your case wiht the highway men ......................... whoops sorry insurers!
Yes I would be expecting the claims company to be chasing those repsonsible that it what they are supposed to be paid for.
__________________
Classic SE CDT sadly lost in a severe collision. Last edited by Plezier; 20th August 2017 at 18:08.. |
20th August 2017, 18:34 | #12 |
Avid contributor
Rover 75 2.0 V6 Connossieur SE Join Date: Jul 2008
Location: York
Posts: 183
Thanks: 13
Thanked 12 Times in 6 Posts
|
Thanks, Plezier. The first thing I did after the accident was to ring the police, but because we were blocking a lane of the M1, the Highways Agency came out to move the car off the road and so the police didn't even bother to come out. As I reported it at the time, I'm not sure there would be much point in reporting it again. I do have an incident number if needed, and I also have photos of both the lorry and the damaged car; also the lorry driver admitted responsibility in the presence of the Highways Agency representatives, so there is no shortage of evidence if needed.
|
20th August 2017, 18:44 | #13 |
I really should get out more.......
Mercedes C Class CDI estate (2003) Join Date: Sep 2012
Location: Gradina
Posts: 2,652
Thanks: 62
Thanked 137 Times in 119 Posts
|
Having admitted it in front of witnesses then he is a total idiot from not reporting it. If he did and his employers have not acted on it and reported it then they are in the doo-do. The department take a dim view of operators not following the rules so push it as they have much to lose.
__________________
Classic SE CDT sadly lost in a severe collision. |
20th August 2017, 19:05 | #14 | |
Posted a thing or two
Rover 75 Join Date: Feb 2013
Location: Ingoldisthorpe
Posts: 1,114
Thanks: 731
Thanked 415 Times in 274 Posts
|
Quote:
I work for a large haulier and for smaller claims they do not normally go through the insurance company, certainly my employer has an excess in the many thousands. My advice is to take it direct especially if its one of the larger companies. |
|
20th August 2017, 19:48 | #15 |
Avid contributor
Rover 75 2.0 V6 Connossieur SE Join Date: Jul 2008
Location: York
Posts: 183
Thanks: 13
Thanked 12 Times in 6 Posts
|
Could do, though it might be a bit late now that my insurers have contacted theirs. As far as I know, there was no damage to the lorry, so the driver may not have reported it; it could be that they knew nothing about it then.
|
20th August 2017, 20:16 | #16 | |
Suspended
MG ZT 135+ Rover 75 CDTi Tourer, 75 2.5 V6 Saloon Join Date: Oct 2014
Location: County Antrim
Posts: 2,027
Thanks: 835
Thanked 882 Times in 557 Posts
|
Quote:
However, failing to report an accident to your insurance company within a reasonable time could allow them to invalidate your insurance, but only in respect of repairs to your vehicle, not the vehicle, property or animal you hit. Even though you're claiming from the other driver's insurance company they are able to declare the vehicle beyond economic repair (which would require them to pay you the value of your car). You can of course decline any offer they make, or issue a counter offer for a non recorded repair. |
|
20th August 2017, 22:16 | #17 | ||
This is my second home
1.8t Tourer Join Date: Oct 2011
Location: Tanelorn
Posts: 4,830
Thanks: 956
Thanked 1,148 Times in 916 Posts
|
Quote:
Quote:
I'm afraid it's not simple is it, it never is. you may well need to 'lawyer up' as the yanks would say. But first try a phone call to the haulier company and see what the response is. You have two goals with that phone call; first is to get them to supply the details of the insurance for that driver. The second is to get them to properly report the incident to the insurer. Don't even think of letting your insurance itself handle things. They are not on your side!! They exist to make a profit and to minimise their own losses, not to minimise yours. If it suits them they'll agree to whatever is needed to make end the case quickly and at the lowest cost to themselves. If you paid for legal insurance with your insurance then it may be ok to let the legal insurance team handle all the legal stuff, but you can't just leave them to it, or let them direct what happens. Again they aren't really there for you. My advice would be take independant legal advice and try and secure a bona fide accident lawyer to see the case through. I've some bad news there for you though.... Due to some changes in the legal system to streamline and speed up resolution in accident cases then the maximum amount that a solicitor can charge (add to the claim) is decided based on the probable total sum of the claim. For a car that's worth less than £2k and no injury that's not going to be a lot. A word about 'claims management' companies that your insurance will try to pass you on to. These (surprise, surprise) exist to make a profit from your accident. Not to help you. I had one of these return a vehicle after it was taken to them (advised by the legal insurance team). When their 'damage assessment' amounted to two very poor photographs, and incorrect as well as incomplete damage descriptions and advice to write-off despite neither the vehicle being valued or the cost of repair being estimated. I am sure that had I not insisted on return (and later insurance paid for repairs at 1/4 of the value, most of which were carried out in under 2 hours: following a proper inspection by a motor engineer) that the vehicle would have found it's way to auction and back onto the road in someone else's possession (after making the claims management co a tidy profit). They'll get you a payout by taking the easy route if you're comprehensive insured of claiming off of your own insurance - losing your no-claims bonus in the process. In summary: best option get your own solicitor, second best is to use the legal insurance (if you took it out with your motor insurance). But main advice is avoid accident management or claims companies: and direct all the proceedings yourself, to claim off of the other driver's insurance. It sounds like they may try and wriggle out of it, so be ready for them to try and blame yourself for what happened. Good luck.
__________________
Need a T4 ?: T4 Owners Map thanks to Stevestrat ( use at your own risk) Where?: https://en.wikipedia.org/wiki/Tanelorn Mods/Retrofits: PCV vortex 'filter'; bluetooth; inline thermostat; reversing sensors; plenum spyhole ; headlamp washers ; Diy mp3 player replacing CD multichanger; FBH with remote; Headlamp washers; black/chrome front grille, rear blind; Xenon projectors To do: puddle lights; 2 Din cd/nav to fit; boot release button |
||
21st August 2017, 03:17 | #18 | |
This is my second home
Join Date: Jul 2014
Posts: 5,428
Thanks: 3,123
Thanked 3,170 Times in 2,096 Posts
|
Quote:
Totally agree with Nobby - do not let the car go anywhere for assessment- you may not get it back. And if you have involved them and they try to force you then tell them that as they are regulated by the FCA they are obliged to "Treat their customers fairly" - and that you don't feel that their actions indicate that they are. That usually gets them out of their "Write off anything and everything" tick box mentality - especially when the accident is not your fault. |
|
21st August 2017, 03:32 | #19 | |
This is my second home
Join Date: Jul 2014
Posts: 5,428
Thanks: 3,123
Thanked 3,170 Times in 2,096 Posts
|
Quote:
But you can make them "behave". Gen up of what the Regulator - the FCA - requires of them And also be prepared to use a Subject Access Request under the Data Protection Act to force them to provide you with their decision making rationale in your case. They know that armed with that you would win any case you brought against them with the Financial Ombudsman and so they should start treating you properly. They get away with shockingly bad service NOT because they are poorly Regulated or that the Law allows them to do this - quite the opposite in fact. They get away with it because the majority of people allow them to. |
|
21st August 2017, 08:34 | #20 |
Avid contributor
Rover 75 Join Date: Aug 2014
Location: Cardiff
Posts: 162
Thanks: 151
Thanked 75 Times in 28 Posts
|
Hopefully you'll get it sorted. Sound advice given by group members too. Happy to read your ok but all the insurance parties are going to give you a whopping headache. Having all this amunition certainly puts you in a good position. Good luck and keep us posted.
|
|
|