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Land Rover Discovery 2 - Fighting with insurance(HELP PLEASE) - Landigirl

SORRY LONG POST PLEASE BARE WITH ME

On the 3rd September 2015 my husbands landrover disco2 was hit by a DPD lorry. It took the front bumper, wing mirror, gash down the side. Its all repairable. This is what was sent from the gentleman who had a dash camera who stopped to help us(if you would like to view it please let me know)

"You can see your Discovery joining the A45 at the previous roundabout and I follow both vehicles. The small DPD van that comes between us obscures the view a bit but if you step through a frame at a time you can actually see the point of contact. Your Discovery is obviously in exactly the correct position in the nearside lane and the van cuts right across the lane markings. It also shows, after we had all stopped, that the second lane did actually continue for some distance and thus there was no need for the van to cut in except for his bad driving. I am not sure that the time shown on screen is set correctly as I had not checked the camera settings recently."

We have had no communication with the insurance apart from ringing them to say we had an accident. AFter a week they still hadn't arranged for the landy to be picked up. First of many phone calls trying to arrange for the pick it up. We've had phone calls from the different companies who have had our landrover, but not a clue who they are. Are they working for us or they other insurance company. One company(who we knew had our landy) said that they have had a phone call from the insurance saying stop repairs as its going to third party. As the drivers insurance is disputing it even though they have had the video as evidence. So WE phoned the insurance AGAIN to find out why and they said they had no clue what was going on as it has gone to the under writers. WE contacted the under writers with the phone unmber that was suppiled by the insurance, BUT IT WAS THE WRONG NUMBER. Yes another phone call again to the insurance. We have done all the running back and fourth and its still not sorted.We have another phone call from the repairers saying that the landy was taken to a repair specialist and that they were ring to say that it is no longer with them. We weren't told that it was being moved, so YET AGAIN another phone call to the insurance/under righters to find out what is going on. They said didn't know! The new company that has our landy said it is repairable but there is a noise coming from the gear box. So off we went to the car care centre to find out what has happened. They said the gear box problem isn't to do with the accident. They would get in a landrover mechanic to check it out. During that time we had a phone call from the repair accessor(not to do with the gear box) who looked at the motor and said that it is a right off. We had no idea who he was as we weren't told by anyone. The car care centre had phoned us to tell us that the under righters had authorised the repairs and would be claiming from the other parties insurance. Then that happened, so it was all stopped AGAIN! YES as you guessed another blooming phone call to them. This time they said we can have £2500 for the motor, we can buy it back for £700 and for good measure they will take our access off £350 of that as well. (STEAMING OUT OF OUR EARS NOW)

It has been all a bloominmg fa***!! We just want our landy repaired and have it back

Hubby emailed the insurance company to complain about the farsical nature of this! They have offered us £100 as a blooming sorry! They have sen a massive email with all legal crap in it. All the communications that they have said has happened BUT not with us! We have no clue what it is. The way it is worded is its all our fault, the accident and everything. We didn't ask for the truck driver to hit our landy. What we want is for a landrover to be fixed and the bloke's insurrance to pay for the repairs, like they were going to do! This has gone on too long, 6 -8 weeks too long.

HELP PLEASE! WHO CAN HELP US SORT THIS OUT. WE NEED LEGAL BACKING TO TAKE THE INSURANCE AND UNDER WRITERS TO GET OUR LANDROVER REPAIRED ETC...

DO WE HAVE A RIGHT TO FIGHT IT AND WHERE DO WE GO!

Sorry I did say a long post!

Land Rover Discovery 2 - Fighting with insurance(HELP PLEASE) - Palcouk

If the insurance comany have written the car off as beyond economical repair, then thats it, unless you are disputing their valuation of £2.5k

You wont get any legal backing unless you have seperate legal insurance, the based on what you have said they will not contend the issue

Land Rover Discovery 2 - Fighting with insurance(HELP PLEASE) - The Gingerous One

I don't quite understand all of this. Are you insured TPF&T ??

Is that part of this issue, that you will have to prove that it was the other parties fault in order for your insurance company to do well, anything ?

And even then, they might not be interested in helping (they have no interest in the damage to your vehicle, that's not covered by your policy if TPF&T so you cannot reasonably ask them to fix your car if that's the case)

The reason I ask is that have a fully-comp policy when I was rear-ended about 3 years ago. Car driveable so I drove it back home, rung my insurance company claims hotline, explained circumstances then cycled into work.

Car was picked up c. 3hrs later by recovery agent and within 24 hours had been declared a probable total loss, and another day confirmed total loss.

Then discussion about settlement value and a cheque arrived in the post. Took 10 days from start to finish.

So if your policy is fully comp, the vehicle gets collected post-crash, bodyshop inspect it and then either it gets repaired or it's a total loss and a pay-out made.

Then, in parallel, the discussions of "Who's fault is it" take place and and if deemed 3rd parties fault then they will pay, or else if they won't play ball, dispute it etc then you'll pay with a claim on your policy.

But if you are TPFT then your insurance company isn't going to be very interested in damage to your car, and even less interested in fixing it. But they may have to pay out to the other party if 3rd party start to claim that the incident was your fault.

BTW my brother once had a crash whereby him and another car went for the same gap in a lane and it was settled knock for knock. Neither of the 2 insurance cos. were interested in whose fault is was and there's nothing in the Highway Code about this, other than "look before you move lanes" which they both did apparently.

hope that helps....??

Stu

Land Rover Discovery 2 - Fighting with insurance(HELP PLEASE) - No_FM2R

This is a bit confusing;

What cover does your policy give you? I'd guess Third Party.

Where was the Discovery being stored while you waited for it to be picked up?

Did you assume that it would be picked up because it would need repairing?

Which "insurance" have you been telephoning? Yours or the other guy's?

Why are you speaking to underwriters? This is a matter for assessors.

Etc. etc.

Take it back to basics and try to explain a bit clearer; If you can't or don't want to give names, then use Company A, company B, Person A, Person B.

An insurer has offered you £100, and very nice to. Whose insurance company?

If you don't want to, then you need to break it down yourself;

  • Contact DPD and tell them you will be suing them if you cannto sort his out. Ask them for their insurance details including claim number and contact number.
  • Ring their insurer. Ask that they state their position. Are they offering a sum of money? Are they denying liability? etc.
  • If they are denying liability, go back to DPD and tell them you will be suing them. Do so.
  • If the Insurer says that they are accepting liability, then ask how much they are offering.
  • If it is an amount you are comfortable with, then accept it (with a naff gearbox, you better try and accept it).
  • Confirm that they will take responsiblity for all storage and other charges. Confirm that they will speak directly to whoever has the car.

I'm too confused and unclear to over further advice.