Some of you might know I was rear ended on 7 July this year. Wasn't a problem because she decided to pay for the damage without the insurance knowing. We also have a mutual friend at the bodyshop who had seen the car just after the accident and had called her husband and explained that the paint alone would be £250. He agreed and was told he would get a quote from the bodyshop. Everything was amicable.
Because of holidays etc., I finally got the car into the bodyshop yesterday. I called the girl's husband (a supervisor mechanic) and asked about payment which would probably be needed at the end of this week. He said he thought it was going through the insurance and wouldn't pay anything near the minimum £450 bill and that I would have to go through the insurance (although he did hint at paying me the excess towards repairs). I told him I don't think the insurance will honour the claim after leaving it 2months and if they did, they would probably write off the car as the maximum bill would be about £700+. He said to just say the accident happened yesterday and said if they write off the car you can buy it back.... doesn't this still leave me with the repair? Would Adrian Flux still insure the car afterwards? I told him I would get back to him after seeing the full extent of the damage at the bodyshop today.
Do I take the excess and pay the rest of the bill myself and not involve the insurers?
Do I call the insurers and hope the claim is honoured 2months post accident?
Do I play hardball and show him the email his wife sent and tell him that would void his insurance for admitting the accident was her fault?
Do I take them to the small claims court
TWR full body kit, mesh grill, Custom paint: Bluish black, ice violet flake, CAI, Denso irridiums, Magnecors 9mm, SS headers Scorpion Exhaust, KYB shocks, Spax springs - lowered 35mm, HIDs, Reverse glow dials & chrome rings, Momo gear knob, RR Racing short shifter, 18" Team Dynamics RVRII alloys, Toyo T1R's, EBC Green stuff, Red calipers with Mazda decals, High performance engine mounts, Chrome boot struts, Genuine Isotta Vallelunga.
They admitted guilt and as such, are liable. That is common insurance law world-wide.
Tell him that you have taken legal advice and that advice is to claim from them the full extent of the damage. If HE wants to, he can claim that from his third party insurance. It is your choice whether to claim or not from your insurer. You merely choose not to for the reason that your car may be written off.
If he gets antsy, take him to small claims court and claim all costs. You have clear evidence, including the fact that you were rear-ended which makes the other party liable in terms with most places motor-law...
You can also tell him that if you did take it through your insurer, as they are at fault the insurer would demand from him the costs, and not just the excess in their recovery process.
Good luck.
Africa - It's like "zoom-zoom-stolen"
Quote:
Originally Posted by whitenoyz
let's say you and i are banging, but you're banging goat on the side. Now imagine goat is also banging adie, and adie comes over at night to get her throat coated. Imagine if I'm also hollowing out Mary in my free time, who is in turn sleeping with Zach.
You could also add that you have been advised to take the car off the road to prevent anything else happening to it (make out you are doing that for his benifit so you don't claim for any other damage that might happen) until all this is settled and will be getting a hire car and you'll be claiming the cost for that as well.
They admitted guilt and as such, are liable. That is common insurance law world-wide.
Tell him that you have taken legal advice and that advice is to claim from them the full extent of the damage. If HE wants to, he can claim that from his third party insurance. It is your choice whether to claim or not from your insurer. You merely choose not to for the reason that your car may be written off.
If he gets antsy, take him to small claims court and claim all costs. You have clear evidence, including the fact that you were rear-ended which makes the other party liable in terms with most places motor-law...
You can also tell him that if you did take it through your insurer, as they are at fault the insurer would demand from him the costs, and not just the excess in their recovery process.
Good luck.
Hi Davaro
You sound like you know what you're talking about. Are you in the business?
If it went to small claims court, would I be able to claim back the cost of getting to court in the settlement? I think it's £200 isn't it?
Mark
TWR full body kit, mesh grill, Custom paint: Bluish black, ice violet flake, CAI, Denso irridiums, Magnecors 9mm, SS headers Scorpion Exhaust, KYB shocks, Spax springs - lowered 35mm, HIDs, Reverse glow dials & chrome rings, Momo gear knob, RR Racing short shifter, 18" Team Dynamics RVRII alloys, Toyo T1R's, EBC Green stuff, Red calipers with Mazda decals, High performance engine mounts, Chrome boot struts, Genuine Isotta Vallelunga.
You could also add that you have been advised to take the car off the road to prevent anything else happening to it (make out you are doing that for his benifit so you don't claim for any other damage that might happen) until all this is settled and will be getting a hire car and you'll be claiming the cost for that as well.
Mark
P.s did anyone take photo's at the scene?
Hi Mark
Yes I took 1 photo of each car's damage in situ. In hindsight I probably should have taken a photo of the wider area.
Didn't get any witness details at the time either.
M
TWR full body kit, mesh grill, Custom paint: Bluish black, ice violet flake, CAI, Denso irridiums, Magnecors 9mm, SS headers Scorpion Exhaust, KYB shocks, Spax springs - lowered 35mm, HIDs, Reverse glow dials & chrome rings, Momo gear knob, RR Racing short shifter, 18" Team Dynamics RVRII alloys, Toyo T1R's, EBC Green stuff, Red calipers with Mazda decals, High performance engine mounts, Chrome boot struts, Genuine Isotta Vallelunga.
this happened to me in my missus Omega. I was hit by a focus, which then sent me into the car in front. The guy who caused the rear damage to Omega was with Churchill. They paid out for our car, and the car I hit, no questions. They paid £1000 compo for whiplash and a very good price for the car (write off).
If you were rear ended they dont have a leg to stand on, no-one in the land will side with them, witness or no witness.
As the car was put in on monday 7 sept they have now completed the repairs and are ready for respray.
I've talked to the girl's husband and he is still adamant about using his insurance, not his wife's, because it was his car and she's a named driver on the policy.
I want the car back on the road so I've told the bodyshop to go ahead with the respray. I think they start tomorrow.
The bodywork and bumper bar has been straightened. Should I tell them not to bother painting it so that a loss adjuster can see at least the damage to the paintwork?
I'm calling Adrian Flux to let them know the whole sorry mess tomorrow.
Elmer
TWR full body kit, mesh grill, Custom paint: Bluish black, ice violet flake, CAI, Denso irridiums, Magnecors 9mm, SS headers Scorpion Exhaust, KYB shocks, Spax springs - lowered 35mm, HIDs, Reverse glow dials & chrome rings, Momo gear knob, RR Racing short shifter, 18" Team Dynamics RVRII alloys, Toyo T1R's, EBC Green stuff, Red calipers with Mazda decals, High performance engine mounts, Chrome boot struts, Genuine Isotta Vallelunga.
You sound like you know what you're talking about. Are you in the business?
If it went to small claims court, would I be able to claim back the cost of getting to court in the settlement? I think it's £200 isn't it?
Mark
Hi Mark,
Yes I am in the business but in South Africa so some of the "rules" may be different. Here is SA there is no charge for the small claims court so I cant advise you on that.
Regarding the damage and the repair process, just make sure there are complete and detailed photos of the process. Tell your insurers for record purposes.
Follow it through with his insurers, stay on their case as you have a strong one. Threats of media exposure tend to help a great deal I am sure this will all come around for you.
Dave
Africa - It's like "zoom-zoom-stolen"
Quote:
Originally Posted by whitenoyz
let's say you and i are banging, but you're banging goat on the side. Now imagine goat is also banging adie, and adie comes over at night to get her throat coated. Imagine if I'm also hollowing out Mary in my free time, who is in turn sleeping with Zach.
If this was me I would be ready to pay for the repair myself. Once you have got that in your head anything else is a bonus.
I would get the repair done and present him with the bill, document everything as suggested. If he presents it to his insurance company they will probably refuse it as they didn't authorise the repair to go ahead, then you can present the e-mail that confirms he agreed to pay for the repair and it's only because he changed his mind that the repairs were done without authorisation. Be careful what you put in any document i.e. e-mail etc that could confirm you were aware of his intentions about putting it through insurance before the work was done.
If he is adamant about not paying put it in the small claims court as a bill that just hasn't been paid. If it goes your way it's up to him to sort out how he pays the bill, but if things look like they are going pear shaped be ready to pull out at any minute, lick you wounds and walk away.
Called Adrian Flux. Told me to call Highway Insurance and advised me that the liable party had the same insurer. I've just to pay the bill and send them the scanned copy of the bill.
Picked up the car tonight and found a bad run in the paint so will have to take it back for a touch up.
Alls well that ends well. Although my situation was sorted by calling them I still don't trust insurance companies though.... carinsuraphobia?
Thanks for all your support guys.
Moderators please delete this thread and, if you can, delete my whole year?
Elmer
TWR full body kit, mesh grill, Custom paint: Bluish black, ice violet flake, CAI, Denso irridiums, Magnecors 9mm, SS headers Scorpion Exhaust, KYB shocks, Spax springs - lowered 35mm, HIDs, Reverse glow dials & chrome rings, Momo gear knob, RR Racing short shifter, 18" Team Dynamics RVRII alloys, Toyo T1R's, EBC Green stuff, Red calipers with Mazda decals, High performance engine mounts, Chrome boot struts, Genuine Isotta Vallelunga.
Something I will never understand... the other guy driving gave you all the hassles and the run-around yet you still end up having an issue with the insurance company???
Africa - It's like "zoom-zoom-stolen"
Quote:
Originally Posted by whitenoyz
let's say you and i are banging, but you're banging goat on the side. Now imagine goat is also banging adie, and adie comes over at night to get her throat coated. Imagine if I'm also hollowing out Mary in my free time, who is in turn sleeping with Zach.
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I am sure this will all come around for you.
