Jump to content
Impact Bumpers
Richard Bernau

Insurance question...

Recommended Posts

Unfortunately my wife was involved in an offset head on accident just over a week ago. Our BMW was confirmed written off on Friday. Long story short, but the other car was going fast and came onto the wrong side of the road leaving my wife with no options and no time to even brake. It was very close to our home on a country road. No witnesses. 

Two questions. First the insurance company seems to have little interest in apportioning fault meaning we will have an at fault claim with all the consequences that flow from that. The position of the cars afterwards indicates the other driver was in the wrong place. Our car almost entirely off the road and the other car entirely on the road. How do we push the insurers on this?

Secondly market value. What’s the strategy on getting the highest market value?

Thankfully, my family are fine, so big picture is ok and the car did its job to protect them. Doesn’t change the fact I am likely some thousands out of pocket and it was 100% the other guys fault. As much as I hate the idea of ambulance chasing lawyers, I might just need some help. Or I might just be resigned to sucking it up and moving on. 

Wise words appreciated. 

Share this post


Link to post
Share on other sites

Sorry to hear this but glad the family are all OK.

From what I've heard from friends that have had a similar experience you need to really demand (threat to speak and write to the CEO etc etc or go to the insurance Ombudsman) that they pursue a no fault claim against the other party. If no joy then formally lodge a complaint with the Ombudsman. 

Alternatively If you have legal protection on the policy can you not invoke this and ask them to pursue a claim on your behalf either directly or via a third party claims specialist.

Unless to make a BIG fuss it's easier and cheaper for the insurance company to award a 50:50.

All companies will try it on (I know I've been in their shoes but in a different industry) what they don't like is bad press/noise and need for  legal counsel THAT'S mega expensive!

 

Good luck

Share this post


Link to post
Share on other sites

When the wife wrote off the Saab years ago, the first offer was very low, I just supplied printouts from Autotrader of similar spec cars, ideally ones from high priced dealers and gave a summary of the cars condition prior to the accident with photos, abit like a for sale advert.  They increased the payout straight away to above what I paid for the car in the first place.

Fault wise, unless there is witnesses, video cam footage or police interaction I don't think you'll get very far beyond 50:50 blame.  They'll have their story and you yours no matter how wrong or right, the insurers are then stuck in the middle.

You just have to play the game.

Share this post


Link to post
Share on other sites

Glad to hear everyone is OK. 

What was the other parties view on things at the time of the accident?

How was the Third Party statement recorded - any indication of fault?

Insurance stinks, they will use your claim to offset other claims and unfortunately they have the final say. As Nige has started unless the other driver admits to the fault (doing so can void insurance) aim for 50:50 anything more is a bonus. However regardless of fault you will have a claim noted against your insurance records for the next 5 years.

The other depressing thought - by the time they beat the value down on your car, remove any XS then sell it for salvage they are hardly out of pocket.

Share this post


Link to post
Share on other sites

No witnesses or dashcam. Just the position of the cars afterwards. 

There was police, fire and ambulance in attendance and I saw the police with cameras on tripods recording everything. However, I don’t think police in the U.K. say anything definitive. 

And that’s the rub - the guy knew what he had done (and my wife told him in no uncertain terms) but he denied any liability. He was very sheepish and disappeared pronto before I got to the scene. 

I reckon we are screwed but will just pursue the market value side. Not to say I won’t apply pressure. 

Share this post


Link to post
Share on other sites

Sorry to hear this and thankfully no one was hurt.

 

My wife had a similar experience when hit BEHIND!! by a Range Rover - insurance company said it was 50:50!! but didn't tell us until 12months later when renewing our insurance - and we had instructed them not to pay a penny out to the other party!!

 

i now have front and rear dash cams in our cars!

Share this post


Link to post
Share on other sites

Just a thought, but where do you stand on pushing the Police? This sounds very much like a due care and attention situation, or perhaps a momentary lapse of concentration.  If you can get something definitive then it is power to your elbow when arguing with insurers. Life has taugh5 me tha5 sometimes you have to shout the loudest and stamp your feet before people take note.  Sad indictment of the times I fear.

Share this post


Link to post
Share on other sites

Have contacted the police this morning looking for the report. He lied to them at the time about who was on the wrong side of the road and the car positions post accident should make that clear but who knows. 

Share this post


Link to post
Share on other sites

In that case, perhaps there is more hidden as well.  Maybe the legal expenses cover could facilitate a swift letter that will move things in your favour.

i had a similar non-fault incident last year.  The other party were denying the incident until the Solicitor asked a few awkward questions.  They changed their position very quickly.

Share this post


Link to post
Share on other sites

When an idiot drove into my mother's car while it was parked I eventually went to a company called collision solutions in Rochdale (recommended by repairer). They went after the drivers insurers and got a full acceptance of blame at no cost to us. May be worth a call to them or a similar bunch 

Share this post


Link to post
Share on other sites

If the police attended there should be some sort of report on file, this will be your best defense. If you have legal cover hand it over to them ASAP, I know its not nice but they will work as hard at getting you and them a result as his insurance will work at getting out of it. Lovely world we live in now.

Good luck Baz

Share this post


Link to post
Share on other sites

Same story from me I'm afraid!

My wife's  beloved Mercedes A Class was written off when a farmer in an old Nissan ran into the side of her car and badly damaged every panel from drivers door to rear door. He claimed she was in the middle of the road when he came around a blind bend in a narrow country lane. I tried to explain to the insurance company that if this were true, impact would have been head on but they just weren't interested and we ended up 50:50. Circumstances were such that it was definitely the other drivers fault but the only witness was his passenger! 

Like others I used Autotrader and sent screensaves of all similar cars -spec/mileage/dealer history etc and at least I got back what I thought it was worth. 

Very frustrating seeing the increased premium despite protected NCB😡

Main thing is that nobody was hurt. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...