[steve2000]

Hi,

Was just wondering if I could get some advice please as genuinely don't know the best course of action, in 15 years of driving I have never had to make a claim.

A commercial vehicle from one of the large water companies reversed into my wife's car yesterday. They did admit liability onsite and there was a witness from a house he was visiting, so don't think I will have any issues proving fault.

My issue is the car is at the end of its PCP deal and due to be traded for another car in less than a week, they obviously are not keen to accept it with front damage, and if they do there will clearly big knock down in PX value. The new car has basically been delivered and the dealer isn't keen to hold it past the end of this month. I have spoken to the company involved and logged the incident with their third party insurance company. Phone lines are closed now but will speak to my insurance tomorrow. I can see this being painfully slow and it is very hard to even speak to anyone. To get the vehicle repaired will probably take 3-4 weeks and I risk losing the new car and paying more for my lease.

At minimum the car needs a new front bumper, I would estimate 2-3k damage. Could I just take the hit, sell the car to webuyanycar or similar then is there any way to still reclaim the money afterwards? My main worry is getting something sorted fast. Could I just use a small claims court instead or is that not a good idea? Ordinarily I would just wait for it to play out but I can't see a way where I either don't get my new car or end up loads out of pocked.

Thanks for any advice!

[TC1474]

You can claim for what is called "Uninsured losses"

What this means is that because you are out of pocket as a result of negligence on the part of the third party, you are entitled to be reimbursed back to the financial position you would have been in but for the negligent actions of the third party.

So the third party insurers now become liable for these uninsured losses.

Put together a list of all the costs you have or will incur (with estimates/receipts where possible) and tell the insurers of your situation and that it is your intention to claim for these losses along with any other financial penalties you may encounter on top of the actual damage to your vehicle.

Additionally, have you been given a valuation of the vehicle pre crash or was a trade in price agreed?

The third party insurers can also be held liable for making up the difference between the pre crash value and the post crash value, but you need to have documentary evidence of the pre crash valuation.

And then lastly, give them a timetable and make it clear that the clock is ticking because your costs may well soar if they drag their heels given that everything was already in place to replace your old vehicle with your new vehicle.

Hope this helps?

[steve2000]

@TC1474

Thank you very much, I have really been pushing them as you have said explaining that the costs will soar, but like anything these days it is really hard to actually speak to anyone that can make a descision.

I honestly don't even want to claim for any extras, just the difference in what my car was worth and what they will offer now. Yes I had agreed on a price with the dealer so should be able to prove the difference, my biggest issue is that the dealer (understandably) isn't keen to take the car in now. They would consider it but want the bumper taken off by a BMW dealer to confirm the damage is only cosmetic.

On Webyanycar you can get an online quote as it was, and then by stating that there is bumper damage likley requiring a new bumper. It takes roughly 2k off the offer so again that can be used to demonstrate the difference. Given the water company haven't even sent any details over to their insurance company I have very little chance of anything happening this week.

Should I be looking to my insurance company to deal with this for me, or continue to push them directly?

Cheers

[TC1474]

Originally Posted by steve2000

@TC1474

Thank you very much, I have really been pushing them as you have said explaining that the costs will soar, but like anything these days it is really hard to actually speak to anyone that can make a descision.

I honestly don't even want to claim for any extras, just the difference in what my car was worth and what they will offer now. Yes I had agreed on a price with the dealer so should be able to prove the difference, my biggest issue is that the dealer (understandably) isn't keen to take the car in now. They would consider it but want the bumper taken off by a BMW dealer to confirm the damage is only cosmetic.

On Webyanycar you can get an online quote as it was, and then by stating that there is bumper damage likley requiring a new bumper. It takes roughly 2k off the offer so again that can be used to demonstrate the difference. Given the water company haven't even sent any details over to their insurance company I have very little chance of anything happening this week.

Should I be looking to my insurance company to deal with this for me, or continue to push them directly?

Cheers

Are you comprehensive cover? I am assuming yes

If that is the case, get your insurers involved and get them earning the exorbitant fees they charge us and get then to do the work for you. That should be their job in the first place.

Make it quite clear that you want this resolved quickly and that you are happy for them to issue proceedings against the third party directly.

This usually gets the heart pumping as the driver can be held personally liable and neither the defendant company or driver will want the additional cost of proceedings added as this can be substantial and they will be liable.

It tends to focus the mind😉

But for sure, put it in the hands of your insurers with a hurry up to them..