Insurance advice - help please
Insurance advice - help please
Author
Discussion

Tam Girl

Original Poster:

417 posts

285 months

Sunday 2nd November 2003
quotequote all
I posted this on General Gassing but may be more appropriate to post it here...

Some idiot hit my Tamora 3 weeks ago deliberately. He drove into the front offside ( I was turning the car - 3 point turn- in a driveway and was stationary when hit) and he then reversed up the road hitting a parked car and shunting that car into another parked car. His insurance company called me today saying that he is saying I pulled out on him, and I should contact my insurer to get my car repaired! The police attended and apparently he admitted liability to them (so they told me on the night) but his insurer is saying it could take months to get the police report. Does anyone have any suggestions of what I can do? His insurer is instructing an assessor to inspect the car on Monday.

j_s_g

6,177 posts

278 months

Sunday 2nd November 2003
quotequote all
Have no real advice to give except phoning the police & insurers to find out what details you can get/pass on that'd help speed things up. Just thought I'd say how awful - hope it gets sorted as soon as possible.

wedg1e

27,032 posts

293 months

Sunday 2nd November 2003
quotequote all
Sounds like one of those insurance scamming bs - they always drive some old heap and will do stunts like braking hard in front of an obviously-expensive car (typically on a roundabout, where you have to be looking all ways at once) without warning & for no reason. Then it appears that 'Mr. Flash' drove into the back of Twattie's wreck. Twattie claims, you and I lose out.

I know a guy who had this happen, luckily he has reactions like a cat (and ABS) and avoided the prat. Numbers were noted and I understand that a 'visit' was (or will be) made...

Ian

bilton_d

605 posts

294 months

Sunday 2nd November 2003
quotequote all
i beleive the liability only comes into play if it is writing but the other issue is if you were doing a 3 point turn and were on the wrong side of the road at the time of impact that is then your fault.

Tam Girl

Original Poster:

417 posts

285 months

Sunday 2nd November 2003
quotequote all
I wasn't on the wrong side of the road at the time of impact. I had driven down the road, stopped, and reversed into a driveway on the same side of the road. I was actually stopped and was changing gear from reverse into first when I was hit. The car drove down the same side of the road that I was on, hit me, and then reversed at speed into a parked car and shunted that into another parked car. He then drove off but came back again about 10 mins later. Now the little **** is saying I pulled out in front of him! The damage to my car is on the offside wheel arch.

>> Edited by Tam Girl on Sunday 2nd November 09:41

alans

3,743 posts

284 months

Sunday 2nd November 2003
quotequote all
IIRC your repairs will be paid for by your insurance, it's then up to them to reclaim the monies from the other parties insurers and you to reclaim uninsured losses ie excess etc.
It maybe worth having a chat with a solicitor.
Sorry to here the bad news, and hope it gets sorted ok

Alan

Tam Girl

Original Poster:

417 posts

285 months

Sunday 2nd November 2003
quotequote all
Bit reluctant to go through my insurance as the renewal is due in 3 weeks and I will have full ncd at renewal. By the time I pay my excess and the increased renewal (already sky high due to my postcode!) I may as well pay for the repairs and claim it back.

simpo two

92,570 posts

293 months

Sunday 2nd November 2003
quotequote all
Stick to your guns, don't cave in.

I suppose the parked cars pulled out on him as well - how is he explaining those?

Tam Girl

Original Poster:

417 posts

285 months

Sunday 2nd November 2003
quotequote all
Definitely not going to cave in. I'm not sure how he's explaining the parked cars. His insurer is trying to say they are a separate incident, but the police have treated it as one (as they gave me the insurance details of the parked cars) so hopefully the police report will say the same.

>> Edited by Tam Girl on Sunday 2nd November 17:33

tamago

532 posts

290 months

Sunday 2nd November 2003
quotequote all
jeez sonia, just read this thread and i really feel for you - what a series of bad luck with the tamora!

really hope all gets sorted out quickly and painlessly. don't let the numpty get away with this, I'll dig up my LPC litigation textbook if I have to!

Tam Girl

Original Poster:

417 posts

285 months

Monday 3rd November 2003
quotequote all
Thanks Tamago - it may just come to that!

>> Edited by Tam Girl on Monday 3rd November 09:35

hatchn

352 posts

312 months

Monday 3rd November 2003
quotequote all
Sorry to hear about this TamGirl, hope you get it all sorted soon !

Potts

48 posts

276 months

Tuesday 4th November 2003
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Can't believe the police will take "months" to provide a report... quiet word with the officers in question directly would probably be met with decent response.

gazzab

21,614 posts

310 months

Tuesday 4th November 2003
quotequote all
think you are best to get your insurer to repair you car and then let them do the legal battling.

icamm

2,153 posts

288 months

Tuesday 4th November 2003
quotequote all
Tam Girl said:
Bit reluctant to go through my insurance as the renewal is due in 3 weeks and I will have full ncd at renewal. By the time I pay my excess and the increased renewal (already sky high due to my postcode!) I may as well pay for the repairs and claim it back.
You don't really have a choice as you have to notify your insurers of the ongoing claim anyway. Plus the fact that the cost of fixing a TVR is pretty high.

Make the claim. Get solicitors involved and screw the b*****d for as much money as you can get. As he obviously did it on purpose see if you can claim for things like emotional distress (you are the victim of an deliberate attack after all) and your time taken to get quotes for repairs etc (at whatever you can show is a sensible rate - if you earn £10p/h but go on a Saturday the £15p/h is not unreasonable).

p7ulg

1,052 posts

311 months

Tuesday 4th November 2003
quotequote all
icamm said:

[quote=Tam Girl]Bit reluctant to go through my insurance as the renewal is due in 3 weeks and I will have full ncd at renewal. By the time I pay my excess and the increased renewal (already sky high due to my postcode!) I may as well pay for the repairs and claim it back.

You don't really have a choice as you have to notify your insurers of the ongoing claim anyway. Plus the fact that the cost of fixing a TVR is pretty high.

Make the claim. Get solicitors involved and screw the b*****d for as much money as you can get. As he obviously did it on purpose see if you can claim for things like emotional distress (you are the victim of an deliberate attack after all) and your time taken to get quotes for repairs etc (at whatever you can show is a sensible rate - if you earn £10p/h but go on a Saturday the £15p/h is not unreasonable).[/quote

Contact your insurance straight away, thats what they are for. They will not be to keen to payout to the other driver and hopefully will fight your case.Also how is he going to explain the damage to the rear of his car if you pulled out on him?

Tam Girl

Original Poster:

417 posts

285 months

Tuesday 4th November 2003
quotequote all
I have already notified my insurers and they have recorded the incident as 'non'fault' and have not adjusted my ncb on the renewal quote.

Is there any 'insurance ethics' reason why I have to pursue the claim through my insurer? Can I not chase this myself (I am a lawyer)? I sustained slight whiplash in the incident and so am claiming for that also.

I have no idea what he is saying about the damage to the rear of his car and the parked cars - his insurer is trying to say this is a separate incident - that is not what the police wrote down and they gave me the insurance details of the other drivers.

The third party insurer is sending an assessor to inspect the car this week. Surely by doing this, they cannot be saying they refuse to pay? Are they just trying it on? They have made no mention of claiming for his damage from my insurance - they just said I should get my insurer to pay for my damage - and I told them I was not prepared to do that.







>> Edited by Tam Girl on Tuesday 4th November 16:40

p7ulg

1,052 posts

311 months

Tuesday 4th November 2003
quotequote all


Is there any 'insurance ethics' reason why I have to pursue the claim through my insurer? Can I not chase this myself (I am a lawyer)? I sustained slight whiplash in the incident and so am claiming for that also.



And you are asking us for advice

>> Edited by p7ulg on Tuesday 4th November 15:57

Tam Girl

Original Poster:

417 posts

285 months

Tuesday 4th November 2003
quotequote all
Yes please

Insurance is not my specialism - fortunately!



>> Edited by Tam Girl on Tuesday 4th November 16:43

satman

2,455 posts

274 months

Tuesday 4th November 2003
quotequote all
Sorry to read the bad news...ar**oles like that need a good hiding...if your a lawyer, havent you got 'contacts' that you can call a favour, who might beable to advise you?...unfortunately these insurance wrangles tend to become a bit drawn out, hopefully this will get sorted quickly and without much more aggro than already experienced...all our thoughts are with you!