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Advice with crash/insurance issue!

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HD
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PostPosted: 21:22 - 14 Nov 2011    Post subject: Advice with crash/insurance issue! Reply with quote

A while back, I had a crash. Came around a narrow 90 degree corner too fast. Couldn't see through the corner properly but when I checked I couldn't see nothing.

Hands up it was all my fault. There was a mondeo parked on the corner and I couldn't see properly. As I came around and saw the car, panic braked and the front dropped and I slid along the floor then hit the car. Apparently my helmet hit the car and I ended up kind of under it as she was going slow.

Basically, there is a very small panel cracked.

https://www.smartlease.co.uk/Vauxhall%20Agila.jpg

The grey part on the right (our left) of the front bumper that encases the fog light.

I can source the part and fit it myself for £25.

However, they are covered by mobility insurance. I basically begged them not to go through insurance and they know my dad.

The girl who was driving it is the parents' daughter and she pretty much permanently drives it. The car is registered under the mother's name but the dad was sort of speaking for the rest. He wanted to go through insurance but the other two were siding with me saying I will have to pay hundreds.

If they got it sorted through their mobility insurance, they have to pay the first £75. That is if they say it got hit overnight or if they hit it or something. I said I would pay that happily. But the dad is being a cock saying it is fraud. I actually offered to fit the part myself but he said no, even though it would be done quicker and look exactly the same.

So they haven't. As nothing has happened of it, I decided to ignore it. My dad bumped into them the other day (probably about 3 weeks after the incident). I haven't seen the car once and I regularly go down my dads. They said that they haven't had time (cos their daughter has been driving it all the time probably! Evil or Very Mad) to book it in yet and it was too late to go through my insurance (which they said they wouldn't anyway, two faced cnuts!).

But they are going to get it valued soon at the main ford dealer here which will cost miles more.

Now if they say they want me to pay all of it, I will tell them to fuck off, right? I will pay the £75 even though I could probably get away with it. But what if they go through the insurance?

Could I just deny, deny, deny? Say that I was coming up the road and she just pulled out without any indication and hit me? Or say I don't even know them and haven't a clue what has happened to their car.

How can they prove it?

Help me out here, pulling my hair out as I have no money as it is with school, fuel, christmas, test, insurance, fixing the bandit etc.

I know, long (and cool) story but want you to know all of the details so you can give me a answer based on what is fact.

Thanks! Thumbs Up





I'm sure Rogerborg, our BCF lawyer, will be along shortly Wink
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-LG-
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PostPosted: 21:30 - 14 Nov 2011    Post subject: Reply with quote

If you really want to piss them off, report them to mobility. The car should only be used to benefit the person its for. If the daughter is using it for her own personal use, thats a big no no!
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HD
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PostPosted: 21:32 - 14 Nov 2011    Post subject: Reply with quote

Not a bad idea! I'll see if they try it on, cos I'll deny all knowledge of a crash but report them lmao!
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swampy
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PostPosted: 21:50 - 14 Nov 2011    Post subject: Reply with quote

JFK wrote:
If you really want to piss them off, report them to mobility. The car should only be used to benefit the person its for. If the daughter is using it for her own personal use, thats a big no no!


How do you know she wasn't going to the hospital to pick up vital medication for the disabled person ? Wink

The car is leased to the person in lieu of the mobility element of DLA. They can do what they like with it...
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Chris H
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PostPosted: 21:50 - 14 Nov 2011    Post subject: Reply with quote

reporting them wont get you far they will say she's out doing the shopping getting prescriptions etc etc

mobility cars are a complete pain in the arse, they do you rip the people who use them off for every little mark,

if he made the claim on the basis they found the damage it would effect their no claims so i guess you can see where they are coming from. Don't see why they would not let you get the car fixed as long as its a proper job its no issue to them.

just remember if you get caught blagging the claim you could be blacklisted then you might struggle getting cover in the future.

something else to think about if you do piss them off they might stick some big injury claim in thats £7k on your toes
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HD
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PostPosted: 22:00 - 14 Nov 2011    Post subject: Reply with quote

Chris H wrote:

if he made the claim on the basis they found the damage it would effect their no claims so i guess you can see where they are coming from. Don't see why they would not let you get the car fixed as long as its a proper job its no issue to them.


You don't get no claims on DLA apparently.

And exactly my point, whats the difference? Obviously if it's a shoddy job then fair enough.

He reckons it is fraud though...
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-LG-
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PostPosted: 22:07 - 14 Nov 2011    Post subject: Reply with quote

swampy wrote:
JFK wrote:
If you really want to piss them off, report them to mobility. The car should only be used to benefit the person its for. If the daughter is using it for her own personal use, thats a big no no!


How do you know she wasn't going to the hospital to pick up vital medication for the disabled person ? Wink

The car is leased to the person in lieu of the mobility element of DLA. They can do what they like with it...


They can only use it if it benefits the person its for. My mum has one on behalf of my brother. She can use it for shopping for the family, or picking up meds for him. But can't use it to drive to work.

True you won't know, but if shes always using it, chances are shes abusing the system.

Chris H wrote:
reporting them wont get you far they will say she's out doing the shopping getting prescriptions etc etc

mobility cars are a complete pain in the arse, they do you rip the people who use them off for every little mark,

if he made the claim on the basis they found the damage it would effect their no claims so i guess you can see where they are coming from. Don't see why they would not let you get the car fixed as long as its a proper job its no issue to them.

just remember if you get caught blagging the claim you could be blacklisted then you might struggle getting cover in the future.

something else to think about if you do piss them off they might stick some big injury claim in thats £7k on your toes


Don't get no claims with mobility.
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swampy
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PostPosted: 22:15 - 14 Nov 2011    Post subject: Reply with quote

JFK wrote:
They can only use it if it benefits the person its for. My mum has one on behalf of my brother. She can use it for shopping for the family, or picking up meds for him. But can't use it to drive to work.


Define the rather loose term 'benefit'.. Could the car be used for her daughter to go to work, bring an income into the house, and prevent her being thrown out on the street ? Could argue its being used for her benefit then...
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-LG-
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PostPosted: 22:18 - 14 Nov 2011    Post subject: Reply with quote

swampy wrote:
JFK wrote:
They can only use it if it benefits the person its for. My mum has one on behalf of my brother. She can use it for shopping for the family, or picking up meds for him. But can't use it to drive to work.


Define the rather loose term 'benefit'.. Could the car be used for her daughter to go to work, bring an income into the house, and prevent her being thrown out on the street ? Could argue its being used for her benefit then...


You would think, but my mum and step dad can't use it for work...even though it pays the bills and what not.
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Rogerborg
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PostPosted: 22:33 - 14 Nov 2011    Post subject: Reply with quote

T.C. is probably your man for this, I'm more of a statute than civil type.

However, the way I read it:

It's not "too late" for them to go through your either your insurance or theirs. But it's to both your benefit not to do that, and they're fools if they don't see it.

I wouldn't try denial at this point, there are far too many witnesses to your admission. You might be as well repeating your offer (in a documented way) to make the vehicle good at your cost.

If they choose to contact your insurer, you could tell them not to pay out and you'll settle the claim yourself. Essentially they geezers will have to take you to court to claim the main dealer repair costs, and it'll look pretty bad for them if they've repeatedly refused your (documented) offers to make the vehicle good.

But that's fairly risky compared to just letting your insurer pay out, although you'll get shafted in future even for a small claim.

If you do manage to settle it yourself then how that actually effects your insurance premiums in future is really down to insurers; all you can be sure of is that you'll be punished for trying to do the right thing. Sorry.

Let's see what the rest of the Brain Trust thinks.

Also, what does the daughter look like?
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kawakid
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PostPosted: 22:43 - 14 Nov 2011    Post subject: Reply with quote

Some people are just stupid, why would they pay £75, when you would fix it for free.

Saying that some people think they have to follow certain rules and procedures.

About 15 years ago my parents wanted new windows. My friend at the time worked for a company that made windows, in his previous job he fitted windows for the local council. My mate offered to do the Windows for a quite a few thousand less than their best quote. They wouldn't do it.

The point of the story is some people are weird.

On the mobility issue tr8theshape got knocked off his 9R by a mobility driver just the other month.
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HD
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PostPosted: 13:14 - 15 Nov 2011    Post subject: Reply with quote

It really pisses me off though. If I were them, I would say don't worry lad, just get it sorted for me soon and we will leave it at that. Just slow down and take it easy.

But they are a funny lot anyway.

And no rog, she is munting lmao! Laughing
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Kickstart
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PostPosted: 13:39 - 15 Nov 2011    Post subject: Reply with quote

Hi

For them to claim saying it was their fault with you paying the excess would be fraud. And can't think of a reason why they would want to take the risk of a criminal record and a harsh penalty just to do you a favour.

If they claim from you then I doubt they would have to pay the excess at all. Excess is for non 3rd party claims, and they would be a 3rd party claiming from your insurance.

Not sure why they don't want you to replace the bit yourself (although they might not trust your abilities) or for you to just pay for the repair yourself. That said someone went into the back of our car a few weeks ago resulting in very minor damage (small crack to the bumper) yet they insisted on going through the insurance which I suspect they might regret come renewal time.

All the best

Keith
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yambabe
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PostPosted: 13:45 - 15 Nov 2011    Post subject: Reply with quote

A small non-injury bump may not make much difference to your renewals actually.

I reversed into the car of someone visiting next door (yeah I know Embarassed woman driver, poor obs etc) and because the value of the claim was "only" £700 (it was an old car, they wrote it off) I didn't lose any no-claims and even though I faithfully acknowledged it my next years premium was actually lower cos I shopped around.
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HD
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PostPosted: 20:05 - 15 Nov 2011    Post subject: Reply with quote

Lots of advice here.

The question is, what shall I do?
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G
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PostPosted: 20:15 - 15 Nov 2011    Post subject: Reply with quote

Kickstart wrote:

If they claim from you then I doubt they would have to pay the excess at all. Excess is for non 3rd party claims, and they would be a 3rd party claiming from your insurance.

I believe the excess would be if they said it happened when the car was parked up and they don't know who did it.

If you really don't want the claim against you, which is quite reasonable and are willing to make some trouble - I'd be looking to see what the insurance actually covers.
Does it cover the daughter using it for her own purposes. Can you show she has been.
As the dad is moaning about fraud, you could point out that she's basically committing fraud if she claims she's insured when she's using the car; that she's basically not insured which could see her getting 6 points on a decent fine.
Is the V5 in her name if she uses it the most? If not, fraud again, I believe.
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ws4936
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PostPosted: 00:01 - 16 Nov 2011    Post subject: Reply with quote

HD wrote:
Lots of advice here.

The question is, what shall I do?


Its midnight.

Go grab your tools lad, and fix it up on the shhh.
Go round in t' morning to discuss, act surprised and mention it's sorted, take a timestamped pic, and be on your merry way.

Everyone wins Wink
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Beelzebob
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PostPosted: 00:15 - 16 Nov 2011    Post subject: Reply with quote

kawakid wrote:
On the mobility issue tr8theshape got knocked off his 9R by a mobility driver just the other month.


And the relevance of this statement is... What exactly? Other than a completely pointless generalisation based on one single incident.
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HD
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PostPosted: 06:05 - 16 Nov 2011    Post subject: Reply with quote

ws4936 wrote:


Its midnight.

Go grab your tools lad, and fix it up on the shhh.
Go round in t' morning to discuss, act surprised and mention it's sorted, take a timestamped pic, and be on your merry way.

Everyone wins Wink


It's probably not even there Laughing
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mickie
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PostPosted: 08:21 - 16 Nov 2011    Post subject: Reply with quote

Can you argue that the car was parked illegally? I may be wrong but I thought that you are not allowed to park within so many metres of a corner! That would make them equally responsible for the accident.
Daughter will probably on the insurance, you can have up to 3 named drivers on a mobility policy.
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G
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PostPosted: 09:08 - 16 Nov 2011    Post subject: Reply with quote

mickie wrote:

Daughter will probably on the insurance, you can have up to 3 named drivers on a mobility policy.

I'm sure she'll be on it; but will she be on it as the main driver or a 'named' driver, if it works like that; and is she allowed to use it for things not related to the disabled person.
If they are getting free tax, then that alone makes it illegal to use for anything that isn't related to the disabled person I believe.
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yambabe
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PostPosted: 10:04 - 16 Nov 2011    Post subject: Reply with quote

Might be completely the other way around, she might be the named driver with the intent that she drives the disabled person about.

No point in speculation, way too many variables!
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G
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PostPosted: 10:12 - 16 Nov 2011    Post subject: Reply with quote

Either way I suspect it should only be used in relation to the disabled driver - I know this is the case with the free tax you get for people that are registered disabled - it is at least fraud if you were to say pop to the shops to buy a sandwich for yourself; but if you were also picking them one up, it'd be ok.
So if the person in question was using it for her own daily stuff, her dad moaning about 'fraud' should be a bit redundant.
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-LG-
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PostPosted: 12:08 - 16 Nov 2011    Post subject: Reply with quote

mickie wrote:
Can you argue that the car was parked illegally? I may be wrong but I thought that you are not allowed to park within so many metres of a corner! That would make them equally responsible for the accident.
Daughter will probably on the insurance, you can have up to 3 named drivers on a mobility policy.


You can have a open policy though, anyone can drive my brothers, long as they have a clean license and permission from my mum or step dad. Works really well when he goes to respite.
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G
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PostPosted: 12:34 - 16 Nov 2011    Post subject: Reply with quote

JFK wrote:

You can have a open policy though, anyone can drive my brothers, long as they have a clean license and permission from my mum or step dad. Works really well when he goes to respite.

I suspect that policy would be invalid if someone else was the main driver however - as it is with a parent insuring a kids car for them and adding the kid as a named driver.
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