Insurance claim help needed.

Insurance claim help needed.

Author
Discussion

p4cks

Original Poster:

7,006 posts

205 months

Monday 11th August 2008
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Coming home, along dual carriageway back in February of this year. Me, in right hand lane carrying on as normal. Green Almera, left hand lane with slower car in front of him.... I'm almost alongside the Almera when he indicates and pulls into my lane in same manoeveur, side swiping my new car, cracking the sill and ripping the turbo air vent (vx220) clean off. There's also a damaged offside rear alloy wheel due to my evasive attempt and minor scuffs to the front and back clams but no serious damage. Exchanged details after he said he couldnt see me because of the low sun. Contacted Europa Consultants as heard good things about them on vx220.org dealing with non-fault claims.

Now they have been (unsuccessfully) dealing with my claim since the accident however my car is still not repaired. The thing is I need to sell the car to be able to move house as it is my deposit but I cant sell a damaged car!

It is quite clear that the third party who hit me has been stalling for time and has now stated that it was my fault as I hit him (even though this does not explain why my offside rear alloy is kerbed!) so his insurers are a little dubious about his version of events and have asked him to have another think about what happened.

Now my dilema is, do I wait any longer for this to be sorted out, or do I contact my own insurers and let them fix my car then chase the other insurers for the reimbursement? I really do not want to settle 50/50.

bob-in-toon

423 posts

211 months

Tuesday 12th August 2008
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Mate exactly the same thing happened to me a few years ago. I'd just picked up a Merc SL a few days before and was driving down the coast rd towards tynemouth when a girl in a clio moved over into the outside lane (just by silverlink turnoff) when i was passing and took out the side of the car causing 5k of damage.

It was not my fault whatsoever and there was nothing i could have done to avoid it. In your case the guy is blaming the "sun". In my case she blamed some mysterious car (which i never saw) that supposedly cut her up causing her to vere off into the outside lane.

I got all her details and informed my insurance of what had happened. Ages went by and eventually i was asked to send in drawings of how i percieved the accident had occured. I then heard from my insurers that she was trying to blame it on me! Anyhow as it turned out when they asked her to provide similar details she refused to and the brief details she had previously given were doubted by even her own insurers as eventually they admitted liability and i "won" so to speak.

All in all the whole process from crash to settlement was about 16 months so all i can advise you to do is stick to your guns and play the waiting game as unfortunately insurance claims often take a long time to sort out. If it wasn't your fault at all then don't settle for anything less than the other party taking full liability.

bob-in-toon

423 posts

211 months

Tuesday 12th August 2008
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p4cks said:
Now my dilema is, do I wait any longer for this to be sorted out, or do I contact my own insurers and let them fix my car then chase the other insurers for the reimbursement? I really do not want to settle 50/50.
Also on this point. My insurers (Norwich Union) paid for the repair straight after the crash then chased the other side for reinbursement. Obviously successfully (eventually!)

gillcool

11 posts

195 months

Thursday 14th August 2008
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You should contact your own insurers, report the claim and let them deal with chasing the TP insurer for the cost. If you have legal cover included in your policy, use it. The legal team will go after the TP and the insurer to recover all your costs including the excess, courtesy car and any other cost you may have incurred.

G_Reaper2

39 posts

200 months

Tuesday 19th August 2008
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I have had a similar problem back in 1999 with my M100 Elan.
If I were you I would get an engineer to make a report on the damage to your car (in these reports they can work out angles and speed of impact etc backing up your claim) take loads of photos and get your insurance company to repair it. State clearly to your insurance company you wish your car to be repaired without prejeducing your claim of non fault against the third party. Tell them in no way will you accept a 50/50 settlement but your car has been off the road too long. I found it pays to be forceful with insurance companies.

In fact request that your insurance co. get an engineers report on your car to back your claim.

Good Luck

Mike Y