Car accident

[carents]

Not related to business.

Had a car accident yesterday. A company van drove into our back at traffic light. Have reported the incident to our insurer. Big question is: how do I get my car repaired and get it paid by the other party's insurance?

Shall I use some no-win no-fee solicitor? or use someone like Auxillis?

Any help is much appreciated!

PS all occupants in the car were safe, some whiplash though. Damage is on the boot, lights and inner lining. Car is driveable.

 

[bodgitt&scarperLTD]

You let your insurance handle it mate, that's what they're for!

 

[carents]

You let your insurance handle it mate, that's what they're for!

Only have third part insurance.

 

[obscure]

Only have third part insurance.

That is for when you are at fault... your insurance only pays for the other party and you pay your own.

If someone runs into and are at fault their insurance pays.... you let your insurance company negotiate with their insurance to get it sorted.

 

[Newchodge]

You contavt the other driver with a quote for the necessary work. If there is claimable personal injury involved you contact a personal injury lawyer.

 

[carents]

That is for when you are at fault... your insurance only pays for the other party and you pay your own.

If someone runs into and are at fault their insurance pays.... you let your insurance company negotiate with their insurance to get it sorted.

Our insurance says, talk to Enterprise for accident management so they can deal with repair, hire car etc while car is gone.

Personally, I don't want the hassle of managing it myself. Why waste my time when someone else can do it and it won't cost me anything?

 

[Mr D]

Our insurance says, talk to Enterprise for accident management so they can deal with repair, hire car etc while car is gone.

Personally, I don't want the hassle of managing it myself. Why waste my time when someone else can do it and it won't cost me anything?

Great. Let the someone else do it and have it cost you nothing.

You know who is doing it for you?

 

[carents]

Great. Let the someone else do it and have it cost you nothing.

You know who is doing it for you?

Enterprise Rent A Car's accident management team.

"Great. Let the someone else do it and have it cost you nothing. ", sarcastic?

 

[Mr D]

Enterprise Rent A Car's accident management team.

"Great. Let the someone else do it and have it cost you nothing. ", sarcastic?

No sarcasm, was agreeing with you.
Its so much easier when you can drop the entire mess in someone else's lap and they arrange everything. Have dealt with the mess once where the insurance company messed about, every time since have had others deal with the problems.

 

[ecommerce84]

I’ve only been in one accident and I wasn’t at fault.

My insurance company handled everything and I just cashed the cheque at the end of it.

How are Enterprise involved? Had you hired a vehicle through them, or had the person who hit you hired a vehicle through them?

 

[Karllacey]

Used to work in motor claims although it was a while ago. Most third party insurers where there is an indisputable fault would prefer for you to go to them directly as it cuts out the middle men and the cost.

If they can deal with it, they would prefer to put you in a hire car (like for like) and get you back on the road as soon as possible. It also simplifies it is the correspondence between you and the third party because your insurer is not involve and as such, does not affect your no claims discount.

Yes, your no claims discount (or NCD) is affected until your insurer recovers the sums in full unless it is protected.

What might complicate it is the injury, although it is rare than an individual will deal with the third party insurer as this willl be an uninsured loss and generally is handled like someone said through a solicitor or a no-win no fee agent.

 

[carents]

So now the management company has come back with a valuation but I am not happy with it.

They are saying that’s all they can manage and I will need to pursue the claim directly with third party insurer.

How true is that? Can I keep asking for another valuation? They don’t seem to be happy about it.

 

[Mr D]

So now the management company has come back with a valuation but I am not happy with it.

They are saying that’s all they can manage and I will need to pursue the claim directly with third party insurer.

How true is that? Can I keep asking for another valuation? They don’t seem to be happy about it.

Could you arrange your own valuation?
Is there something about their valuation that breaches their policy?

 

[Newchodge]

So now the management company has come back with a valuation but I am not happy with it.

They are saying that’s all they can manage and I will need to pursue the claim directly with third party insurer.

How true is that? Can I keep asking for another valuation? They don’t seem to be happy about it.

You can keep asking. And they can refuse. Then if you don't like what is on offer you deal with it yourself or through a lawyer (who will take their cut).

 

[carents]

You can keep asking. And they can refuse. Then if you don't like what is on offer you deal with it yourself or through a lawyer (who will take their cut).

Then what’s the best way forward?

 

[Newchodge]

If you don't like what is on offer you deal with it yourself or through a lawyer (who will take their cut). You make a decision

 

[Karllacey]

Okay, I am guessing by valuation that your vehicle is a total loss and as such this is why they are giving their valuation. When they are making the valuation of the vehicle they have a low and a top buck value, more often than not an insurer will offer you the bottom.

That is normal practice but I cant remember the life of me what source they used Collins?? or has it changed now with the Internet.

Anyway, either way your job here is to argue it.

You do this by presenting valuations on credible establishments i.e. not EBAY for the sales value of vehicles of a similar type, transmission and mileage etc and you argue your case by presenting higher valuations for similar vehicles.

Whilst my insurance claims experience again is outdated (like 18 years), I myself was involved in a none-fault collision 10 years ago which I handled myself and was given the bottom buck value but I negotiated it much higher and got the settlement I wanted.

From my past knowledge and experience, it is all about presenting a credible argument for the TP insurer, so you do not need to get an independent valuation, or ask for a re-valuation or get a solicitor involved...all either not efficient in terms of time, or cost.

 

[TheWebDesignCompany]

Just be very careful with the terms on any replacement vehicle, as if the accident ends up being put down as joint liability or even as somehow your fault, you will be liable to pay for the car hire and it will be very expensive.

I would limit the length of time that you have a hire car (or not have one at all if you can to be on the safe side) Unless you have an admission of liability already in place through the insurance company.

 

[Karllacey]

Yeah the previous poster is right but I suspect as they are talking valuations at this early stage, that it is accepted a fault claim.

Assuming that the injured party in your vehicle also intends to make a claim for injury, they need to seek the advice of a no-win, no fee solicitor or they could of course deal with it themselves. But...in all honesty, it is probably better to employ a solicitor as their costs go on top of the claim, they do not take a slice out of the compensation.

This however is a much longer settlement as they need to establish liability, obtain medical reports, obtain any special damages (loss of income etc). It used to be 90-days for acceptance of liability and 6 months for the offer to come in..I could be wrong here though as again it was a long time ago

 

[smallclaimsassistance]

So now the management company has come back with a valuation but I am not happy with it.

They are saying that’s all they can manage and I will need to pursue the claim directly with third party insurer.

How true is that? Can I keep asking for another valuation? They don’t seem to be happy about it.

For this reason, and by reason of the injuries, you need to instruct a solicitor. You can't do this yourself unless you are:

a) experienced in PI litigation, and;
b) happy to allow the inequality of arms you have just encountered to continue to the court doors.

Finally, with regard to the whiplash, have all injured parties seen a doctor? If not, and therefore if there are no contemporaneous medical notes registering the injuries, you may as well forget injury compensation. A medical consultation two weeks on from an accident will be treated by insurers as compensation motivated, and they are likely to pursue a "fraud" defence (per S57 Criminal Justice and Courts Act 2015).

This seems draconian, and most people don't realise this now happens, but it does, it's common, and people lose their houses as a result.

So, unless the injured parties saw a doctor (GP, A/E, physio, even a private chiropractor or osteopath would do) in the first few days after the accident, I would forget the injury claim.

Dean

 

[carents]

Thanks all for the replies.

Personal Injuries to the passenger, who are going to deal with it themselves. So not our worry.

Our worry is getting the right money and valuation of our written off car, so we can source another car with similar age/spec.

So, at this stage, should I ditch the accident management company. Pursue the total loss through a Solicitor? Or carry on fighting for it?

Spoke to Enterprise, who were the first contact to do with accident management. They are saying, they can just close the case. And I can pursue it myself or with a solicitor.

 

[smallclaimsassistance]

You can do this bit yourself if you wish. The injury element is the minefield so that doesn't apply to you.

You will need to obtain your own expert vehicle report to "prove" the value of the vehicle. You should be able to find an engineer who can prepare a report which complies with Part 35 of the Civil Procedure Rules here:

http://www.iaea-online.org/find-an-engineer

Dean