Back and front

[smiley]

Sympathy and knowledge but not to forceful due to condition

almost at stand still on red lights when tremendious banb heard crunch and then OMG sever pain wow... realised what had happened been rear ended.. but pain that bad couldnt open eyes... fire, police, ambulance herd them talking where was car fromthe front... the car in front was a minimum of 8' away from me.... so both ends of my car have got it...

45 minutes insurance kept me on line told them to go to police but no I have switched off all phones... far be it from me that he might have had to go forwards and backwards on his computer.... I only have a battered and bruised face...

anyway waffle over my question I know of this so called % economical repair.... but as someone else damaged my car they or their insurance should put it right what ever the cost as thay broke it..

so as I said bearing in mind my fragile state at the moment.. does anyone have any info on this....

thanks for listening

 

[ProfJohnL]

Hello Smiley,

I'm sorry to read of your collision, and the problems you are having. I hope you get better quickly.

I totally agree with you that if you property is damaged by someone else then it would be nice to have it put back the way it was as if nothing had happened. Unfortunately Insurance doesn't seem to work that way, and the ugliness of economics rears its head.

To be fair, as a caravan or car gets older it becomes more difficult to repair, sometimes its the difficulty and cost of finding the correct parts, or it can be the repair will be 'stronger' than what it is attached to which can then cause further failures quite quickly.

As this is an insurance claim, the insurer will be liable for the quality and durability any repairs (after all they are paying for them) and with a longer view, and if they can see possible future issues with the vehicle which may or may not be part of their liability they would prefer to circumvent the problem by declaring the item uneconomic to repair.

This doesn't means it can't be repaired, it simply means the insurance are not prepared to repair the item for you. Usually any offer to repair or replace made by an insurance company has an equivalent cash value and you can negotiate to receive the cash, and then you can use it to arrange your own repairs.

Even though the other party may be totally responsible for the losses, you are still making a claim, and you are duty bound to inform your insurers as it is a material fact and they ask you to declare any claims you make. Depending on the type of cover you have, your own insurance company may take on the claim on your behalf and negotiate with the responsible party.

The most important thing is don't be bullied by the insurance company. If you think the offer is not good enough you can appeal the decision, though it very unusual for an offer for this sort of claim to have any large uplift.

Hopefully Raywood may add a few thoughts and insights.

Good luck

 

[Raywood]

In simple terms if the car is beyond economical repair then both your insurers and the other parties liability is to provide you with sufficient funds to buy another similar car. You are not entitled to have it repaired whatever the cost. The one exception is classic cars where a replacement is not easily found. The law assumes that as there is a large established used car market a replacement can be easily found.
You can claim for the cost of a hire car or loss of use while you wait for settlement and for say seven days after that as time to get another car. You can also claim back any excess and a small sum for inconvenience.
See a solicitor about the injuries though, but avoid the ambulance chasers who might ring you out of the blue, as they are mainly chancers.
As you informed your insurers that seems to have been taken care of.
,

 

[smiley]

thanks

My insurance co. is totally useless shoudl I tell you who.... still carless this is a nightmare have had legal eagles from ins on phone wanting to ask questions but I get stress withing 2 minutes and pains start in head... I did ask them who they thought they would claim off and guess what they don't know... why should I have to tell them how to find out and do their job.. why are they so dumb... we have hired a very small car but need a larger one so will be changing it hopefully its getting one that I fit (reach pedals) haveing short legs...LOL how do I get insurers to do their job??
I will be complaing will that help do you think?

 

[smiley]

see reply above thanks

 

[Dustydog]

Sorry to here all your problems Smiley.
All Insurers have a set Complaints Procedure which you must follow to the letter .
The detail will either be in the front or back of your policy booklet.

Sett out clearly and concisely the Chronology and sequence of events phone calls etc.
Say you are very unhappy and wish to see a swift resolution before your and the Insurers costs rise any further.
Do this asap.
The majority of Insurers take complaints very seriously and will usually react fast.

Good luck.