Almost a month ago now somebody crashed into the back passenger door and wheel arch of my Scooby on the way home. At the time it was clear that the person who crashed into was totally responsible and accepted he was wrong.

He said to get an estimate of the damage and would consider paying for the cost.

Guess what? Estimate arrives and he starts playing funny buggers and says he has spoken to his insurance broker who has advised him to accept no liability whatsoever and contest the matter.

Since the damage is £329 and my excess is £275, I am not really sure what to do for the best and when to get the repair done?

My Insurance company have told me it could take months to get him to pay up and it might come down to apportioned liabilty whatever that means where I could be only given a fixed percentage of the costs of the damage.

Now since the crash someone has taken a key down the entire driver side of the car and caused God knows how much damage?

It never rains...but pours as they say!

I am now wondering if I should get both jobs done and pay my excess of £275 or wait until the 3rd party who crashed into me is proven responsible and then maybe find a kind garage who will disguise the key damage in the quote I submit to his company?

Any ideas?

 

Working in this field, i gotta say unfortunately the lack of co-operation once the cost is know by the other guy (the third party) is not unusual. Also in law, even if the guy gave you a writen acceptance of liability (blame) at the scene of the accident there's no guarentee that this could be relied upon later. Cases have gone to Court after arguing etc & the Judge has discounted such at the scene, writen acceptances as being made under duress / pressure etc.

The best thing you can do is 1. get your insurer to deal withit under your policy & then recover the cost. You'll have to pay the excess, but if the recovery is successfull you'll get both the excess back from the other guy's insurer and your own insurer will reinsate any lost no claim bonus. Or 2. seek a respectable solicitor who deals in "motor uninsured losses" to take the case to the third party for you. Be warned though, some of these solicitors, & especially the no win no fee types & "claims management types" can take a large slice of your winnings (ie your repair costs) as their fee if you do win.

You mentioned "apportioning liability". This is simply if both sides cant agree who caused the accident it is most likely, especially on smaller claims like yours, that the insurers may decide to share blame, or apportion liability between the 2 drivers, ie 50/50. In these cases you'll only get say 50% of your excess back & not any no claims bonus.

Lastly, the scratch. unfortunately, you wont get this by any insurer as part of the accident. Most repairs are authorised by independent engineers & they'll spot its not accident related. Your insurer will fix it for you at the same time, but it'll be a 2nd claim subject to a 2nd excess.

Sorry to be the bearer of news that's not too bright, but I hope it helps. Good luck.

 

sorry mate Im a manager of a brokers,and have seen this loads of times to and Izzys right