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Boxing |
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Boxing World Chat Champion
Joined: 13 Mar 2012 Karma :
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Posted: 22:02 - 02 Sep 2019 Post subject: Rear Ended & Insurance Woes |
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Hi all, got into a fender bender someone went into me in my cage at 40MPH.
Wrote my car off pretty much, bumper is hanging off and the likes.
My insurance rang me today and said if they can't recover 100% of costs from the third party insurer, they'll take my no claims bonus, for an accident I'm not at fault for. I was at a red light, the light went green and as I pulled off I got hit at probably 40MPH. Driver reckons their foot "slipped off the pedal."
They're also saying I don't have courtesy car cover, but if a car isn't roadworthy I should be given a hire vehicle no matter what according to a body shop I visited. And they shouldn't of never said anything about taking my no claims for a non-fault accident. The body shop also suggests using a third party company to handle my claim.
What should I do? Proceed with my insurer handling the claim, or is the 100% of costs a load of nonsense and all insurers spout that threat?
Of course, I'm a young driver and a claim on me for the next 5 years along with my loss of NCD will probably see me without a cage. |
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Riejufixing |
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Riejufixing World Chat Champion
Joined: 24 Jun 2018 Karma :
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Posted: 22:27 - 02 Sep 2019 Post subject: Re: Rear Ended & Insurance Woes |
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Boxing wrote: | My insurance rang me today and said if they can't recover 100% of costs from the third party insurer, they'll take my no claims bonus, for an accident I'm not at fault for. I was at a red light, the light went green and as I pulled off I got hit at probably 40MPH. Driver reckons their foot "slipped off the pedal." |
How long ago? Have you sent evidence to your insurer in the form of pictures (even Google map satellite images), with any witnesses at all, and quoted your rear-ender's words?
If your insurer can get the £££ back from the other, i.e. it's the other friver's fault, and not 50:50 or something, you won't lose your NCD.
I am unsure why using a third party to handle your claim would give any benefit.
If you've got "free legal advice" with your cover, you could try calling them up; you might get some sense, but IMO you'll get a very junior legal entity who'll be as much good as something that isn't very useful. Still, you never know, and it should be "free". |
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stinkwheel |
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stinkwheel Bovine Proctologist
Joined: 12 Jul 2004 Karma :
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Posted: 22:36 - 02 Sep 2019 Post subject: |
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It's not a no fault discount. It's a no claims discount. they can and do withdraw it at a whim.
However, if the third party is responsible for the accident and you suffer a loss as a result, you can claim it back off them.
You will have to declare the accident for 5 years even if you weren't at fault. They will probably load you for it but it's very hard to prove they have and by how much. Make sure it is properly recorded as a non-fault because it's amazing what can be entered in their database.
Insurance companies LOVE 50:50 claims because they get to fuck over both people. They will try to get you to agree to it because they are all theiving fuckers. However, you were hit in the rear by a third party who openly admits to having done so. As such, they are totally at fault. "Only a cunt hits the car in front." His foot slipping off a pedal does not in any way reduce his liability for the accident he caused. It's an explanation, not an exscuse. What he's actually done there is admit he was at fault by admitting to running into the back of you while not fully in control of his vehicle.
They've tried that with me too "Oh, the other driver denies liability because he was flashed out by another car." *pregnant pause waiting for me to say something*. "So he's admitted doing an illegal U-turn in the middle of the road without looking where he's going then? That should make my claim simpler.".
In short. They are trying to get you to accept some liability so they can fuck you both over. Don't. Play hardball. 100% liability on his part of see them in court.
If you don't think they are handling the case properly, you can go get fucked over by a claims handling company instead. They are all robbing bastards.
Or, you could potentially totty up what it's cost you and directrly persue the other driver for your costs through the courts. That really puts the shitters up them. After all, your claim is NOT with his insurance company, or your one. It's with him. He carries insurance to cover him for said liability but that's between him and them. They shit bricks when a summons lands on the doorstep. If it was me, that's what I'd do. Refuse to deal with his insurance company and persue the third party directly for my damages and leave it to him to claim it back off his insurance.
However, what I would do is not necessarily what you should do. I have cost myself a lot of money being "in the right" before today.
Remember, insurance companies are not in the business of paying out money, they are in the business of making a profit for their shareholders. You are the product, not the customer. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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Boxing |
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Boxing World Chat Champion
Joined: 13 Mar 2012 Karma :
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Posted: 22:44 - 02 Sep 2019 Post subject: Re: Rear Ended & Insurance Woes |
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Riejufixing wrote: |
How long ago? Have you sent evidence to your insurer in the form of pictures (even Google map satellite images), with any witnesses at all, and quoted your rear-ender's words?
If your insurer can get the £££ back from the other, i.e. it's the other friver's fault, and not 50:50 or something, you won't lose your NCD.
I am unsure why using a third party to handle your claim would give any benefit.
If you've got "free legal advice" with your cover, you could try calling them up; you might get some sense, but IMO you'll get a very junior legal entity who'll be as much good as something that isn't very useful. Still, you never know, and it should be "free". |
The crash happened late evening Saturday. I filled out the incident claim process on Sunday. They contacted me today about 4pm.
I sent them plenty of pictures and even pictures from the crash scene. They don't know what category it will be, but it's a write off.
They're going to have a solicitor ring me soon and Enterprise have rang but I was out and couldn't speak at 19:30.
They asked me what the person said at the scene, which I repeated what they said and they said it sounds like a non-fault collision, I was stopped at a red light, it turned green, I engaged first gear and began lifting the clutch as I was impacted. But what people say on the phone and then say to their insurer is a complete different thing. |
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Boxing World Chat Champion
Joined: 13 Mar 2012 Karma :
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Posted: 22:50 - 02 Sep 2019 Post subject: |
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stinkwheel wrote: | It's not a no fault discount. It's a no claims discount. they can and do withdraw it at a whim.
However, if the third party is responsible for the accident and you suffer a loss as a result, you can claim it back off them.
You will have to declare the accident for 5 years even if you weren't at fault. They will probably load you for it but it's very hard to prove they have and by how much. Make sure it is properly recorded as a non-fault because it's amazing what can be entered in their database.
Insurance companies LOVE 50:50 claims because they get to fuck over both people. They will try to get you to agree to it because they are all theiving fuckers. However, you were hit in the rear by a third party who openly admits to having done so. As such, they are totally at fault. "Only a cunt hits the car in front." His foot slipping off a pedal does not in any way reduce his liability for the accident he caused. It's an explanation, not an exscuse. What he's actually done there is admit he was at fault by admitting to running into the back of you while not fully in control of his vehicle.
They've tried that with me too "Oh, the other driver denies liability because he was flashed out by another car." *pregnant pause waiting for me to say something*. "So he's admitted doing an illegal U-turn in the middle of the road without looking where he's going then? That should make my claim simpler.".
In short. They are trying to get you to accept some liability so they can fuck you both over. Don't. Play hardball. 100% liability on his part of see them in court.
If you don't think they are handling the case properly, you can go get fucked over by a claims handling company instead. They are all robbing bastards.
Or, you could potentially totty up what it's cost you and directrly persue the other driver for your costs through the courts. That really puts the shitters up them. After all, your claim is NOT with his insurance company, or your one. It's with him. He carries insurance to cover him for said liability but that's between him and them. They shit bricks when a summons lands on the doorstep. If it was me, that's what I'd do. Refuse to deal with his insurance company and persue the third party directly for my damages and leave it to him to claim it back off his insurance.
However, what I would do is not necessarily what you should do. I have cost myself a lot of money being "in the right" before today.
Remember, insurance companies are not in the business of paying out money, they are in the business of making a profit for their shareholders. You are the product, not the customer. |
I ain't taking anything less than 100% liability on him and will be very adamant about it!
I was rear ended at a red light, where I was stopped for approximately 10 seconds before he showed up and hit me when the light turned green. All of my brake lights work and pictures have been submitted from the collision scene.
I don't understand how they can try and make me take any liability for a rear ender. Especially whilst sat at a red light. The guy hit me at easily 40MPH, I think he was really on his phone, he came out with it in his hand. |
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Riejufixing |
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Riejufixing World Chat Champion
Joined: 24 Jun 2018 Karma :
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Boxing World Chat Champion
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P. Red Rocket
Joined: 14 Feb 2008 Karma :
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Posted: 08:05 - 03 Sep 2019 Post subject: |
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I wouldn't have even told my insurer. I'd have taken their deets, called their insurers with the facts.
Then again, I enjoy the hassle of insurance |
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BTTD World Chat Champion
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T.C World Chat Champion
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stinkwheel Bovine Proctologist
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T.C World Chat Champion
Joined: 05 Nov 2003 Karma :
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Posted: 10:29 - 04 Sep 2019 Post subject: |
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Boxing wrote: |
I've also made sure my insurance and solicitor people are aware it wasn't a rolling shunt, he failed to stop in time and hit me. I was stationary.
Still no courtesy car, which is annoying and my insurance company haven't rang me back regarding what cat my car will be declared as. |
Whether it was a rolling shunt or not makes no difference, the fact is that you were hit up the rear, end of. The driver who hit you is liable period.
With an insurance appointed law firm just be aware that the majority will not place any real urgency on your case because they are on fixed costs of about £500 per case, and so yours will be towards the bottom of their priority cases. Make sure you keep on top of them as some are much better than others, and if you are in the hands of a number of potential insurance owned law firms, you may still be waiting this time next year for a result.
Do not forget that you can also claim for loss of amenity, all out of pocket expenses such as public transport, loss of earnings, , just keep a record of everything you spend. You will be surprised how quickly t mounts up. ____________________ It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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Boxing World Chat Champion
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Posted: 01:39 - 05 Sep 2019 Post subject: |
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T.C wrote: |
Whether it was a rolling shunt or not makes no difference, the fact is that you were hit up the rear, end of. The driver who hit you is liable period.
With an insurance appointed law firm just be aware that the majority will not place any real urgency on your case because they are on fixed costs of about £500 per case, and so yours will be towards the bottom of their priority cases. Make sure you keep on top of them as some are much better than others, and if you are in the hands of a number of potential insurance owned law firms, you may still be waiting this time next year for a result.
Do not forget that you can also claim for loss of amenity, all out of pocket expenses such as public transport, loss of earnings, , just keep a record of everything you spend. You will be surprised how quickly t mounts up. |
My insurance is writing my car off, they're dragging their feet with that and refusing to collect my car, they're insistent on writing it off just from pictures. They said the law firm is just dealing with my uninsured aspect of the claim, hire car (that I didn't receive) and loss of earnings etc.
It shouldn't take up to a year with a rear end shunt, surely? My insurance has mentioned if they can't recover all costs they'll take my no claims. With three months left on this policy I don't really want to take a new policy out next year with zero no claims discount. My friend had a similar accident, actually on the same road, just in the opposite direction. His claim had all settled within 8 weeks, with a courtesy car supplied second day of his crash. And no issues with his NCD.
If I can claim back every £ of getting a rental out myself, I'll just do that.
The law firm has said not to speak to the other drivers insurance and to decline any offers they issue me. |
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A100man |
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A100man World Chat Champion
Joined: 19 Aug 2013 Karma :
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Posted: 10:22 - 05 Sep 2019 Post subject: |
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TC may correct me if I'm wrong but in my experience it doesn't hurt to badger the f*ck out of the third parties insurance company, as i wouldn't trust yours to do a decent job.
I mean phone them everyday, make a real nuisance of yourself, keep asking firmly but politely) when it will be resolved. I was sideswiped by a German Lorry driver some years back and got on first name terms with the a lady at Allianz.
I could have had my insurers arrange the repairs and then make the claim back but I figured why the hell should i claim against mine. There's already too many snouts in this particular trough. ____________________ Now: A100, GT250A, XJ598, FZ750
Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600 |
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T.C |
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T.C World Chat Champion
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Posted: 10:23 - 05 Sep 2019 Post subject: |
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Boxing wrote: |
It shouldn't take up to a year with a rear end shunt, surely? My insurance has mentioned if they can't recover all costs they'll take my no claims. With three months left on this policy I don't really want to take a new policy out next year with zero no claims discount. My friend had a similar accident, actually on the same road, just in the opposite direction. His claim had all settled within 8 weeks, with a courtesy car supplied second day of his crash. And no issues with his NCD.
If I can claim back every £ of getting a rental out myself, I'll just do that.
The law firm has said not to speak to the other drivers insurance and to decline any offers they issue me. |
On the first point, it all depends on which firm is handling your claim.
Remember, statute of limitation for damage only crashes is 6 years (unlike injury which is 3 years) and so they will be in no hurry.
Are you sure it is a law firm handling your case? Most insurers hand their damage claims to claims management companies who are not tied to regulations like law firms are.
The third party insurers should be talking to your solicitor only once they have received the statutory letter of claim.
Like I said, keep chasing them, make them earn their money, make sure they keep you in the loop. ____________________ It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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Boxing World Chat Champion
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T.C World Chat Champion
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Boxing World Chat Champion
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Boxing World Chat Champion
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Posted: 15:41 - 11 Sep 2019 Post subject: |
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Today they let me know that the third party's insurance has accepted liability. So should be resolved shortly. Thanks for the help BCF, much appreciated. |
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Ste |
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Ste Not Work Safe
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Posted: 15:49 - 11 Sep 2019 Post subject: |
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Good news but don't count your chickens just yet.
You've still got the fun and games of agreeing the value of your car. |
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Boxing World Chat Champion
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ride_to_die Crazy Courier
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Old Thread Alert!
The last post was made 4 years, 229 days ago. Instead of replying here, would creating a new thread be more useful? |
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