Car Insurance Nightmare - Please Help!!!

[NoMercy]

Okay, so I was sat stationary at the traffic lights on Boxing Day and he smashed into the back of me splitting the back bumper and taking out the rear distance sensors and denting the tailgate. No dispute on liability. His insurers have now declared my car a "mobile write-off" so in other words they won't repair my car, but it is still fit to drive and so they can no longer justify the hire of a courtesy car.

I have spoken with my claim handlers and they say I won't be offered any money for the car and the claim has essentially been rejected (though that is just supposition as they had not had anything back from the other insurers).

Can that be right? How can I drive around in a car that's been listed as a write-off and not have a penny towards the repairs?

Can someone please advise me on my best course of action now?

[bookbinder]

Get some legal advice, from a solicitor. That might be a good starting point.

[andy-hughes]

You could ask your insurers about claiming on your own policy for the repairs - but again they may judge the cost of repairs as being more than the car is worth - as your collision driver's company has done.

It's so frustrating, because you pay for insurance at exhorbitant rates, but when you want to claim, they spend all their time finding ways not to pay out!

if that option fails, I would change your insurers, and maybe just get Third Party next time - fully comp. has clearly not been worth it this time.

[boxtops]

Have you got legal cover on the policy which was in force at the time of the accident, NoM/ Might be worth having a word with that department?

[NoMercy]

My own damage excess on my policy is £650... :(

[berniecuddles]

as i always say car insurance=legalised robbery

[Hopkirk]

Why on earth should you not be offered any money for your car?

However if they do pay you the value of the car, bear in mind that the 'wreck' becomes theirs and you will not be able to drive it - unless they agree a payment in lieu of repairs.

[bhg481]

Andy - be very aware of Third Party insurance - it doesn't cover the windscreen and separate windscreen cover is an absolute rip-off. On top of that, in some cases fully comp can be cheaper anyway. (No, I don't see the logic either).

[Barmaid]

Nonsense. Right, the car is fit to drive and therefore you should drive (ie mitigating your loss - you cannot justify a hire car). Nonetheless, through his negligence you are entitled to have your car put back into the position it was in before he thwacked you. The car is damaged and it must be repaired.

Technically, they shouldnt have put you on hire (it will be a credit hire vehicle) if the car was driveable.

I'd start creating a proper stink with your insurers. The principle is that you have suffered loss through his negligence and you are entitled to have that loss repaired.

[NoMercy]

Well that's what I thought, BM, but I spoke with Eldon (my claim handlers) and he told me that the other insurers wouldn't be offering me anything (though he did sound like he was making it up as he went along).

[soapnumpty]

That doesn't make sense. If your car is going to cost more to repair than it is worth then it is a write off. They should pay you the value of the car. Ask them to confirm in writing exactly why they are not paying you anything so you are clear, and then you can challenge it. you could ask to speak to the Manager who should hopefully know what they are doing! if necessary you can seek legal advice.

[boxtops]

NoM, get it in writing. This doesn't make sense.

[nannybooby]

if your car has been declared a write off your insurers should cough up.

And sadly yes if you decide to keep the car ,the accident is deemed as never having happened , so no courtesy car and you pay for the repair.

sounds tough but that's the truth , a mate of mine is having similar trouble although her insurers will pay the write off value.

[Davethedog]

First and I know you have done this, but do it again. Write a letter detailing the crash and their response then tell them that it isn't good enough and unless you get a proper offer you will contact the Insurance Ombudsman. See if that gets a response that you want.

If they then reject your claim contact the Insurance Ombudsman, this costs you nothing, however once your case go's to the Ombudsman the decision they hand down is final. You must do this within six months

http://www.financial-ombudsman.org.uk/

Hope this helps

[Arrods]

Hang on. If liability is clear cut, there is no way the third party insurer can refuse to pay out (by either repairing or writing off the car). But who is dealing with the claim - the insurer or the third party's insurer? Is the car worth less than the excess (which might explain why the 'Own damage' insurer is not involved)? Not sure if the FOS can deal with third party motor complaints. They didn't used to, but perhaps things have changed.

[NoMercy]

Thanks everyone. I think the guy from Eldon was just talking through his backside. I fail to see how I can be left inconvenienced or disadvantaged as a result of someone else's negligence.