Accident Advice

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Sat 18 Jan 2020 00:28
Accident Advice - Phoenix76

Any in information would be grateful on the following.

I was parked on the road a couple of houses away from friends house, when her elderly next door neighbour was parking in between parked cars( one being mine) missed the brake and hit the accelerator, hit my car and knocked down a front wall, gate post and Party fence.

He offered to pay private if I wanted it to go through my insurance. I said I would think about it and get back in touch.

My husband who is in the motor trade, said the insurance would write my car off, and could source parts and do the job himself cheap enough.

The other party was happy enough with this.

I received a voicemail last night from his insurance stating they accept full liability and would repair my Car and provide a hire car while work is carried out.

I rang them back today and stated that myself and their policy holder had a mutual agreement on repairing the car privately.

They told me he had admitted liability and agreed for them to carry out the work.

I thought he must of had a change of heart. I was told a hire car would be dropped off this afternoon, and it was.

However, in the meantime, the other person contacted me. I told him what had happened and he told me he hadn't agreed to his insurance doing this at all. He informed them off our private agreement and they had been ok with this and made a note on his record.

An email from his insurance stated a totally different story after I spoke with them on the phone. It was worded "As I am going with my own repairer they cannot guarantee warranty on pparts" Then the next sentence on how I agreed to go ahead with the claim etc.

In the meantime, I have been told they will write my car off, in which I will not get much for it and also not in a position to lose my car as I am disabled and also a university student.

I would rather have my husband source the parts and fix it without being categorised and have to buy it back.

The old man is fuming that his insurance have gone behind his back and done this.

I now refuse to use the hire car as I have no intention in carrying on with the claim. My car is still in use at my home address.

My question is- "can a insurance company do this to a policy holder after they had informed them we had a private mutual agreement on repairs?

Can I refuse the removal of my own vehicle, as I have not signed for any salvage company to remove my vehicle.

Can I refuse my car to be written off if repairs are being carried out privately?

Thank you in advance

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Sat 18 Jan 2020 08:08
Accident Advice - daveyjp

Of course you can refuse, it is your vehicle,

You are in a position where you can get your car fixed without involving any insurance company. Simply advise them you do not wish them to get involved,

Leave the other party to have his own arguments with his insurance.

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Sat 18 Jan 2020 09:28
Accident Advice - Andrew-T

If your car has been written off by a third party's insurer (or your own) you always have the option of retaining the car and having it repaired at your expense, but you will only receive a partial payout, to reimburse them for lost salvage value. In my case three years ago I got about two-thirds of the full value.

And whatever happens, the damaged vehicle's DVLA record will be permanently labelled with a Category denoting the degree of damage.

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Sat 18 Jan 2020 10:14
Accident Advice - knowwun

The other party can change their mind at any time, and refuse to pay. You have no legal agreement. Getting things done privately is fraught with danger. I wouldn't.

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Sat 18 Jan 2020 11:04
Accident Advice - Dag Hammar

The thing that would concern me most is the situation regarding the cost of the car that has been loaned to you. If you are not making a claim on your own insurance who is going to pay for the cost of this loan car ?

I have read on these forums ( but cannot locate a link for you at present ) where people have been involved in an accident and have been loaned a car. Sometimes these are on a ‘hire agreement’ and if the insurance then for whatever reason does not pay out on a claim then the cost may fall upon the ‘hirer’.

Hopefully some other forumite will read this and either provide more information or correct me if I have misunderstood the situation.

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Sat 18 Jan 2020 11:22
Accident Advice - Avant

I'm not an insurance expert, but in terms of contract law you have no contactual relationship either with the old man's insurers or the hire car company, so unless you've signed something you can't be liable.

However, as Knowwun rightly says, the old man could change his mind. If he is confusing accelerator with brake, he could be losing his memory and might have no recollection of your verbal agreement. If your husband is able to fix the car, get him to estmate the cost of oarts etc.and then agree in writing with the old man that he will pay for the repairs.

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Sat 18 Jan 2020 12:48
Accident Advice - Terry W

A lttle hard nosed - but if it were me I would either ask for immediate settlement of your claim for car damage or go through the insurance company.

Otherwise the risk is all yours - what if the old man does not pay, or argues about the costs. You would then find it difficult (at least) to recover the costs due to the delay in claiming, lack of evidence, your word against his etc etc.

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