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Skoda Octavia - Non fault accident repair payout - crawfie
My partner had his car hit by a lorry, damaging the rear drivers side.
Car is still drivable but will need bodywork carried out and the lorry company have accepted responsibility and have said they don't want to go through their insurers they'll pay direct.
They say they normally pay the garage direct but due to the location of the body shop repair garage and my partners work commitments he isnt sure when he can take time off to book the car in.
The garage dont offer a collect and delivery service so we have asked that the lorry company pay us direct so we can get the repairs carried out at our convenience - they refuse to do this but want the job booked in so they can "box off" the incident.
Do they have a right to dictate when we get the car repaired?

Edited by crawfie on 08/04/2014 at 16:58

Skoda Octavia - Non fault accident repair payout - dacouch

They cannot insist on when the car is repaired, you have a duty to mitigate your losses so if the matter is prolonged and it affects the amount they have to pay out due to the delay they can possibly pay the original amount.

They want to pay the garage directly so they have a paper trail and most importantly so they get a VAT invoice from which they can reclaim the VAT.

They also want to draw a line under the matter so they know what their total costs are in addition it may be connected to their financial year ending in April

Skoda Octavia - Non fault accident repair payout - crawfie

Thanks for replying

Skoda Octavia - Non fault accident repair payout - FP

"...due to the location of the body shop repair garage..."

Something's not clear here. Are the lorry company saying you must go to"their" repair shop? If so, I'd be concerned. Your partner surely has the right to have the car repaired at a body shop of his choice, at a convenient location.

My inclination would be for him to report the accident to his insurance company as a non-fault incident and let them handle it, with the aim of recovering the excess from the lorry company. (He does have the lorry company's admission of guilt in writing, yes?)

I get uncomfortable when I hear stories about the at-fault party wanting to avoid involving their insurers.

The accident will have to be reported to your partner's insurance anyway.

Edited by FP on 08/04/2014 at 17:41

Skoda Octavia - Non fault accident repair payout - dacouch

Wanting to avoid using their own Insurers for lowish value claims is fairly common for haulage companies. Their policies are generally on a fleet and as such are fleet rated which basically does not have no claims bonus but the premiums are rated on the amount of claims and the total cost of claims in relation to the premium.

Skoda Octavia - Non fault accident repair payout - crawfie

Thanks for replying

Skoda Octavia - Non fault accident repair payout - crawfie

Hi

The nearest Skoda body repair is 32 miles away. Due to my partners work commitments we dont have time to be running around getting the car repaired at this particular time. Its obviously a hassle we werent expecting and would rather get the car booked in when we can find the time rather than be pushed into it by the haulage firm.

Have carried out a lot of communication by email so have the admission in black and white.

We'd prefer it to be carried out through his insurance firm but he doesnt want to involve them and his statement that they normally pay the garage direct makes us think this has happened before!?

Thanks for replying

Skoda Octavia - Non fault accident repair payout - FP

"Have carried out a lot of communication by email so have the admission in black and white."

Good for you!

"We'd prefer it to be carried out through his insurance firm but he doesnt want to involve them and his statement that they normally pay the garage direct makes us think this has happened before!?"

It could well have happened before. If you would prefer not to deal with the firm direct then you involve your own insurers and let them sort it out. As I said, you are bound to report the accident to them anyway.

Skoda Octavia - Non fault accident repair payout - cockle {P}

So, as I understand it, they've admitted liability, in writing, but don't want you to go through insurance.

They then want you to use their preferred body shop, where no doubt they get good rates and a VAT recoverable receipt, they won't offer a collect and drop service, and/or a replacement vehicle while yours is in for repair, presumably. On top of that they're pressuring you to book it in when it's not really convenient and expect your partner to lose working time to suit them.

Yeah, right! Don't want a lot do they?

I think I'd be giving them two options; my way, if they don't want to go through insurance or, alternatively, I would want their insurance details for me to pursue my claim and enable me to get the repairs done where I approve and at my convenience. Yes, you have a duty to mitigate the loss but not to the extent where it causes you grave inconvenience and loss of earnings or work to yourself.

In other words, it's their fault, they've admitted so, and therefore it's for them to satisfy you, within reason, not the other way round.

Skoda Octavia - Non fault accident repair payout - crawfie

Thanks for replying.

Its all been very pleasant but we just dont like the way they're pushing us to hurry up and get things done to suit them - if it wasnt for the driver hitting the car we wouldnt be having this hassle to start with.

We have been told to get their insurance details and let the insurers deal with it but the guy hasnt come back to us since we last emailed him so will email him again tonight and see what hes got to say.

Skoda Octavia - Non fault accident repair payout - crawfie

Well the latest is that the insurance company will not pay us direct only the garage that will carry out the repairs - can they insist on this?

Thanks

Skoda Octavia - Non fault accident repair payout - skidpan

Well the latest is that the insurance company will not pay us direct only the garage that will carry out the repairs - can they insist on this?

Thanks

Insurance companies always pay the garage direct. If they write the car off they pay you.

Skoda Octavia - Non fault accident repair payout - crawfie

They've just called to say we have to use their chosen garage which we are not prepared to do - we want it repaired by our Skoda garage.

When this happened a few years ago when we had our Subaru driven into, the womans insurance company just paid us direct so we could take it to Subaru for repair when convenient for us.

Skoda Octavia - Non fault accident repair payout - FP

"...we have to use their chosen garage which we are not prepared to do - we want it repaired by our Skoda garage."

Check your insurance policy - it may be that you have no choice.

If it's not specified, then you will need to negotiate with your insurance company. Pretty much everything will take longer than if you accept the insurance company's garage.

Skoda Octavia - Non fault accident repair payout - nortones2

Are you hearing from their insurance company or your own? The "terms" of the guilty party insurers are nowt to do with your case, as there is no contract!

Skoda Octavia - Non fault accident repair payout - crawfie

This is coming from the guilty partys insurance company - they've phoned a few times now trying to push us.

Have since been told that legally we are entitled to use the garage of our choice.