Insurance Claim & Courtesy Car hassle
Discussion
Hi all, posting for any advice I can give to my father who is having a bit of a nightmare with an insurance claim at the moment.
Last month, he was in a supermarket car park when a third party decided to cut in front of him at speed, whilst my Dad was also moving. Contact occurred between the front nearside of my Dad's car and the offside rear of the third party's vehicle. The third party then, after a lovely hand gesture out his window, fled the scene, again at speed.
All captured clearly on my Dad's front and rear dashcams, there was no prior interaction between them (I've checked all the footage!).
I got the third party's ins co details from MID, and turns out it's a Motability car insured by Direct Line for Motability. DL initially accepted full liability, my Dad's ins co said 50/50 (WTF?). We have sent them both the footage, as well as the Police. Typically, Esure couldn't find the footage and asked us to resend it.
DL have now disputed liability, and Esure are trying to hold DL fully liable. In the meantime, Esure referred my Dad to Enterprise to arrange a car whilst his is being repaired but Enterprise have refused due to the liability dispute.
Esure can now only offer a tiny runabout which my Dad can't get in and out of due to medical conditions. He drives an SUV solely for the extra headroom. We did take out an extra "Hire car benefit" but that only covers like-for-like for theft or total loss.
So we're now in a stalemate. Esure can't get my Dad a suitable car whilst his is repaired. I've suggested requesting the drivers details from DL but doubt they'll give them up. If we could get them, I was going to suggest my Dad pays for a suitable car and claims the cost from the third party but without a name and address we can't do that.
Does anyone have any advice?
Last month, he was in a supermarket car park when a third party decided to cut in front of him at speed, whilst my Dad was also moving. Contact occurred between the front nearside of my Dad's car and the offside rear of the third party's vehicle. The third party then, after a lovely hand gesture out his window, fled the scene, again at speed.
All captured clearly on my Dad's front and rear dashcams, there was no prior interaction between them (I've checked all the footage!).
I got the third party's ins co details from MID, and turns out it's a Motability car insured by Direct Line for Motability. DL initially accepted full liability, my Dad's ins co said 50/50 (WTF?). We have sent them both the footage, as well as the Police. Typically, Esure couldn't find the footage and asked us to resend it.
DL have now disputed liability, and Esure are trying to hold DL fully liable. In the meantime, Esure referred my Dad to Enterprise to arrange a car whilst his is being repaired but Enterprise have refused due to the liability dispute.
Esure can now only offer a tiny runabout which my Dad can't get in and out of due to medical conditions. He drives an SUV solely for the extra headroom. We did take out an extra "Hire car benefit" but that only covers like-for-like for theft or total loss.
So we're now in a stalemate. Esure can't get my Dad a suitable car whilst his is repaired. I've suggested requesting the drivers details from DL but doubt they'll give them up. If we could get them, I was going to suggest my Dad pays for a suitable car and claims the cost from the third party but without a name and address we can't do that.
Does anyone have any advice?
With liability in dispute, you aren't going to get a courtesy car. And his own car insurance, as per contract, only supplies a very basic hire car in the event of the car being damaged (not written off or stolen).
I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
TwigtheWonderkid said:
With liability in dispute, you aren't going to get a courtesy car. And his own car insurance, as per contract, only supplies a very basic hire car in the event of the car being damaged (not written off or stolen).
I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
Hi Twig, thanks for your response. Sadly, I thought that would be the case. I thought that adding the hire car benefit would cover this but of course I didn't read too much into it!I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
He has no problem with hiring a car himself, but how would ge go about claiming the cost back without the third party's details? AFAIK, he can't sue their insurer (which would be much easier!)
kestral said:
Make a complaint to the police that the person driving did not stop and give their name and address.
It is a legal requirement sec 170 RTA 1988. failing to stop/report accident.
and
Highway code rule 286.
Then you will have the name and address of the driver.
Already reported, and the Police were looking to prosecute for DWDC and failing to stop at the scene. They would not disclose the name and address at the time. It is a legal requirement sec 170 RTA 1988. failing to stop/report accident.
and
Highway code rule 286.
Then you will have the name and address of the driver.
From previous experience of Motability, the vehicle is registered in the Motability customers name (which DL did let slip but I doubt my Dad remembers it), but at Motability's address which could pose a problem. I might put a request in to the DVLA and go from there.
kestral said:
Make a complaint to the police that the person driving did not stop and give their name and address.
It is a legal requirement sec 170 RTA 1988. failing to stop/report accident.
and
Highway code rule 286.
Then you will have the name and address of the driver.
Given the time frame here, this may be too late now.It is a legal requirement sec 170 RTA 1988. failing to stop/report accident.
and
Highway code rule 286.
Then you will have the name and address of the driver.
Best option is to hire a car for the duration of the repair and then get Esure to pass on to DL for onward transmission.
If there is Legal Protection in the policy, then make use of this to try and claim funds back. The issue may be that the other party has not admitted liability despite the evidence.
Powerfully Built Company Directors Secretary said:
TwigtheWonderkid said:
With liability in dispute, you aren't going to get a courtesy car. And his own car insurance, as per contract, only supplies a very basic hire car in the event of the car being damaged (not written off or stolen).
I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
Hi Twig, thanks for your response. Sadly, I thought that would be the case. I thought that adding the hire car benefit would cover this but of course I didn't read too much into it!I don't see there's much you can do, other than your dad to hire a suitable car himself and foot the bill. Then, he ca claim back his outlay if the claim is settled non fault, or 50% of his outlay if settled 50/50.
He has no problem with hiring a car himself, but how would ge go about claiming the cost back without the third party's details? AFAIK, he can't sue their insurer (which would be much easier!)
You don't have to sue everyone who owes you money. Most of the time, they'll pay you what they owe quite happily.
Hi all, thanks for the replies!
After all of that, the repairing garage put a car from Enterprise on their account (apparently at the instruction of Esure), so he's got a 73 plate Peugeot SUV to drive around in. I assume Esure will then pick up the entire tab, and can fight it out with DL accordingly.
After all of that, the repairing garage put a car from Enterprise on their account (apparently at the instruction of Esure), so he's got a 73 plate Peugeot SUV to drive around in. I assume Esure will then pick up the entire tab, and can fight it out with DL accordingly.
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