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Feb 14, 2016 17:21:00 GMT
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Sorry, off topic. The reason my insurance is £1000 on a ''96 Golf TDI is because my girlfriend, a named driver on my policy, ran into the back of a taxi in Leeds station car park. He subsequently claimed personal injury for himself and a false passenger. After a LONG insurance battle, it was his word against my girlfriends, so my insurance paid out. My insurance has gone down since moving to Batley ;-) But still the fault was on your policy
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taurus
Posted a lot
Posts: 1,084
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Feb 14, 2016 17:49:15 GMT
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Some time ago my wife was hit by a guy who ran red lights. Whilst there were witnesses who said it was his fault the insurance still worked on the basis that we claimed off our own policy until such time as it was proven to be the other driver's fault.
Therefore we had to stump up the excess. The car was a write off and we needed to replace it so our insurance paid out minus our excess. Only at the point when he was convicted did the two insurance companies agree to reimburse our excess.
It sucks - but that seems to be the way they work. They're not really interested in your statement that it was the other person's fault, they just want to process it through their system and let it work itself out in the end. If the other guy admits fault and his insurance agree that is when you'll get the excess back.
It hardly seems a fair system but then insurance companies aren't doing what they do to provide a fair service. They are in it to make money - which at the end of the day determines how they operate.
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Kieran
Posted a lot
Posts: 1,092
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Feb 14, 2016 19:18:31 GMT
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More and more insurances companies try and go for 50/50 liability nowadays.
Not sure if its because it makes things easier for them or if it lines the pockets of both companies.
Sucks though!
Also bear in mind that even a non fault claim may increase your renewal premium
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The Ashby Jackson fleet:-
1979 Mini Clubman 1.8 K series 1978 Skoda 110r Project 130RS K-oupe 1978 Austin Allegro 1500 SDL Estate 1984 BMW K100 Sidecar outfit 1999 Yamaha FZS 1000 Fazer 1991 Kawasaki ZXR400 race bike 2002 Kawasaki ZX9r race bike
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Feel free to ignore this as I haven't had time to research and see if it is an urban myth or not...but somewhere I recall hearing that if it is 100% not your fault, then doesn't the offending party's insurance have a duty to "reinstate your loss" i.e. they can't declare it uneconomic to repair, they have to make good any damage and return you to the state before matey drove in to you?
Knowing me, I've probably got completely the wrong end of the stick but might be worth a trip to CAB to get some independent advice not tainted by insurance company self-interest.
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Feel free to ignore this as I haven't had time to research and see if it is an urban myth or not...but somewhere I recall hearing that if it is 100% not your fault, then doesn't the offending party's insurance have a duty to "reinstate your loss" i.e. they can't declare it uneconomic to repair, they have to make good any damage and return you to the state before matey drove in to you? This definitely used to be the case, a mate used to work in insurance claims and told me the same.
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Feb 15, 2016 10:45:02 GMT
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Got more details from my Mam. they're offering the £1200 we asked for, and they say the scrap value of the car is £420. So if we want to have the car back the offer is £1200 minus the £420 scrap, which leaves £780. But then they will take the £300 excess, so that's £480 Would love to know what scrap yard they use to get £420. I would be able to retire with the amount of brass and copper I have The car wouldn't be going to a scrapyard, it would go to a salvage auction. They will be basing the buy back price on what they think it would make through there, not what it would make over a weigh bridge. You don't have to buy the car back so the way I see it is all you need to do to get the full 1200 is tell them to keep the car and tell them that you are not going to pay any excess as your mum wasn't at fault. As someone else has mentioned it will be costing them to store it so it will be in their best interest to sort it as soon as possible. If the only sticking point costing them money is the excess (which you shouldn't be liable for anyway) I'd imagine they would rectify it pretty quickly.
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Feb 15, 2016 12:02:59 GMT
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Sounds to me like your Mum's claiming off her own insurance, not the other party's.
If it's her insurer paying out, then it stands to reason that she will have to pay the excess. They're essentially dealing with it as a fault claim on her part until they make a recovery from the other party. They're taking the risk that they might not be able to recover from the other party's insurer.
Once the other party has admitted fault, your Mum's insurer should then be able to recover the excess from the other party and refund it back to her.
Personally, I'd deal with the other party's insurer direct. I think you'll do much better that way and there'll be no excess to worry about.
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@pistonbroker on Twitter
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Feb 16, 2016 15:10:36 GMT
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my insurance company claimed of the other persons insurance from the get go, when i had accident a year ago.
don't take this the wrong way, but cheap insurance cover is that for a reason, everything ok until you claim.
my insurance premium did'nt rise in the next year either.
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Feb 19, 2016 20:24:34 GMT
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Tell the 3rd party you want it repaired, then watch as as the offer goes up
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retired with too many projects!
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MrSpeedy
East Midlands
www.vintagediesels.co.uk
Posts: 4,786
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Feb 19, 2016 21:26:13 GMT
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Feel free to ignore this as I haven't had time to research and see if it is an urban myth or not...but somewhere I recall hearing that if it is 100% not your fault, then doesn't the offending party's insurance have a duty to "reinstate your loss" i.e. they can't declare it uneconomic to repair, they have to make good any damage and return you to the state before matey drove in to you? Knowing me, I've probably got completely the wrong end of the stick but might be worth a trip to CAB to get some independent advice not tainted by insurance company self-interest. This is definitely still the case. It is outlined in my thread on our 400e pickup. Basically, early last year some numpty pulled across my path and resulted in me facing the wrong way in a ditch. We opted to relieve our insurers and pursued a private third party claim using solicitors of our choosing. Made our case, backed up with any recent (ish) evidence of market value, and submitted the claim. Granted, we had repaired the truck by the time things had progressed enough to talk actual numbers but, because there was no alternative available to replace ours with they recompensed us for every single penny it cost us to bring our truck back to pre accident condition. Moral of the story; Stand your ground! Yes, it's a hard fight, but you can win
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Feb 19, 2016 23:18:39 GMT
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Well she has accepted the £900 with the £300 excess to be claimed back, so £1200 in total. With part of it she has gone all modern, and put down a deposit on this (she still owns 2 retro cars)
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1993 Fiat Panda Selecta 2003 Vauxhall Combo 1.7DI van 2006 Mercedes Kompressor Evolution-S AMG SportCoupé
"You think you hate it now, wait til you drive it"
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Your e36 is now listed on copart
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1994 BMW 525i touring 2004 BMW Z4 sorn and broken 1977 Ford Escort 1982 Ford Capri getting restored 1999 Mazda B2500 daily driver.
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Feb 26, 2016 13:27:06 GMT
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I sympathise deeply with your situation. I remember the battle it was to get my non fault accident sorted out. Having to claim my excess back for a non fault was a ridiculous situation. Liability was never even contested!
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Feb 26, 2016 21:41:17 GMT
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Ive had a couple of non fault claims over the years, the best thing ive found is to quicly grab the details of any witness that may have seen what happened. The last bump happened at around 3.30 got the number of the guy behind and the police called. I went home phoned the other guys insurance myself (he hadent admitted fault at this time) They then went on with all the plums of bla bla bla so i said i had the number of a witness witch i then give them. Have hour later i had a phone call asking if i could send them photos of the damage. by half 7 the same day my car had been written off due to the age a value agreed and the money in my account plus i kept my car witch i repaired for under £100. To top it all off the insurance company phoned me up the day after and offerd me £2000 for any future injuerys that may crop up within the next few day.
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Ryannn
Posted a lot
Posts: 2,421
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Feb 26, 2016 21:47:19 GMT
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Ive had a couple of non fault claims over the years, the best thing ive found is to quicly grab the details of any witness that may have seen what happened. The last bump happened at around 3.30 got the number of the guy behind and the police called. I went home phoned the other guys insurance myself (he hadent admitted fault at this time) They then went on with all the plums of bla bla bla so i said i had the number of a witness witch i then give them. Have hour later i had a phone call asking if i could send them photos of the damage. by half 7 the same day my car had been written off due to the age a value agreed and the money in my account plus i kept my car witch i repaired for under £100. To top it all off the insurance company phoned me up the day after and offerd me £2000 for any future injuerys that may crop up within the next few day. This ^^^ Not only does it work in your favour much quicker by calling the other party's insurers, but I've also found that the only incidents which are recorded on my "history" are those which I've let my own insurance handle. Which surely will cost me more in the future?!
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Feb 27, 2016 16:16:20 GMT
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Agree wholeheartedly, try and deal direct with the other persons insurer, one less middle man to cause complications and the biggest thing for me was avoiding all the parasitic claims handlers who seemed more interested in getting me to make a whiplash claim than getting my van repaired.
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EmDee
Club Retro Rides Member
Committer of Autrocities.
Posts: 5,920
Club RR Member Number: 108
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Feb 28, 2016 17:04:26 GMT
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Well she has accepted the £900 with the £300 excess to be claimed back, so £1200 in total. With part of it she has gone all modern, and put down a deposit on this (she still owns 2 retro cars)
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Feb 29, 2016 18:37:38 GMT
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EmDee - you really are a genius.
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The Millenium Volcon"Get yourself a Volvo if that's what you really want, you might be dead next year. In the meantime, you could be going sideways in a gigantic land barge."
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EmDee
Club Retro Rides Member
Committer of Autrocities.
Posts: 5,920
Club RR Member Number: 108
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*evil laugh*
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