Renault Clio Campus - Rear End Shunt

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Fri 8 Mar 2013 20:31
Renault Clio Campus - Rear End Shunt - Magsy

I was driving on thr M4 motorway, early morning, clear road no traffic whatsoever. I was hit from behind by a Transit van, high impact resulting in the total loss of my car not to mention neck and chest injuries and ribs that are still excrutiatingly painful. Now, a month on i discover that the other driver is disputing liability alleging that i must have fallen asleep!!!!! I cannot comprehend how this so called driver can now allege that i caused the accident. I was on my way to work, perfectly wide awake, driving at 50mph, how was this my fault???

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Fri 8 Mar 2013 22:27
Renault Clio Campus - Rear End Shunt - tony g
The other drivers trying it on ,if they hit you from the rear ,they're at fault .End of story.

Get your insurer to tell the other insurance company/ driver that you will sue if they don't pay up .

It sounds like a nonsense claim on thier part .
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Sat 9 Mar 2013 07:40
Renault Clio Campus - Rear End Shunt - Dwight Van Driver
Crafty B's try this on.

But remember that if you read the small print of your Insurance it cajoles drivers not to admit liability which would stymie the work of the Insurers to wriggle out of payments.

Don't worry. It will be sorted.

dvd
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Sat 9 Mar 2013 23:57
Renault Clio Campus - Rear End Shunt - Magsy

Thank you for responding, what happens now though? Do the other drivers insurance company actually believe his ludicrous allegation? I'm now in a hire car costing 300 a week ....the bill is already 1200 pounds and thats just for starters ....do they think they wont have to pay ? On top of all this i have Gap Insurance RTI who are also demanding that i do not accept any offer as it could jeapordise my claim with them ....they have sent me a Claim Pack !!!! There is a list of documents that i now have to send to them .....to include proof of purchase of the RTI policy !!!!!! Surely the very fact that i have a Policy No which i have to quote every time i speak to them is proof of purchase!!!!!! This is the 2nd time that my car had been hit within 6weeks ......first whilst parked outside my home ....xmas time......i eventually get it back after that and 10 days later an idiot in a transit van literally drives into the rear of my car and is now trying to blame me ......how long can all this drag on for .....i'm beginning to think that the other driver might get away with it .....the way my luck has been going lately !!!!!

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Sun 10 Mar 2013 08:00
Renault Clio Campus - Rear End Shunt - dacouch

Four weeks after a total loss and still no settlement...the joys of using a claims management company with a vested interest in hiring a car out for longer than needed.

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Sun 10 Mar 2013 12:37
Renault Clio Campus - Rear End Shunt - tony g
Hi magsy,
It could take a while to sort out because the other driver is disputing liability .

It's good that you have gap insurance ,is it to guarantee the original purchase of the car?

You need to be very carefully with accident management companies .are you sure that if the other parties insurance company will pay for the cost of your hire car ,if they don't will your insurance company pay for it ?

In addition whoever pays ,will they pay the whole £300 a week .We have seen several posts on HJ from people who were liable for a large part of the hire charges .You need it in writing that you won't be liable for hire charges .

If you stick to your statement there is no way you can be liable .Dont be conned into admitting any form of liability .Its pure bs on the other drivers part .
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Sun 10 Mar 2013 20:19
Renault Clio Campus - Rear End Shunt - Magsy

My insurance company has actually handed my case to the Car Lease Co who arranged this car hire etc ..i've always dealt directly with my insurance company in the past ...i wasn't aware that i would have to deal with a claim management company in the first place!!!!! It seems you dont have any say in the matter of who handles your claim !!! Yes the Gap Insurance is supposed to pay out the difference between insrance payout and invoice price ...but i'm discovering that this isn't going to be straightforward either!!! thank you for your advice regarding the hire car costs ....i'm certainly going to check that and get somethi g in writing ....as for sticking to my ststement ...it happens to be the entire truth of what happened and nobody is going to bully me to try and get me to say anything different ....i really believe i'm not to blame herd !!!!!!

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Mon 11 Mar 2013 11:21
Renault Clio Campus - Rear End Shunt - Cris_on_the_gas

I think you have to be careful now.

The basis of your claim is that the third party in a Van has damaged your car and caused you personal injury. The Driver or if a company vehicle the Company is responsible for putting you in the same situation as you were in prior to the crash. They are indemified by their Insurance for this as required by the Road traffic act 1988.

You are obliged to mitagite your loss as much as possible

You have gone through your Insurance company and so far racked up a bill for £1200 for hire care and presumibly rising. Its perfectly OK to do this, as many peeps let their Insurance company pay for the damage then reclaim the cost back from the 3rd party based on Tort of negligence. You pay your excess to your Insurance Company then claim your excess back on the same basis. This is where your GAP Insurance puts you back in a new car in case of total loss.

You can not involve your Insurance company and go straight for the 3rd Party driver or owner, who will defer this to their Insurer. Many peeps get intimidated dealing with Insurance lawyers so might be worth getting a solicitor to act on your behalf. you would claim these costs back on settlement

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Mon 11 Mar 2013 12:36
Renault Clio Campus - Rear End Shunt - dacouch

They're going through a claims management company not their Insurers

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Mon 11 Mar 2013 14:26
Renault Clio Campus - Rear End Shunt - Cris_on_the_gas

Yep, but these "Claim Management companies" don't give a hoot because they will get their money anyway, either from the 3rd Party Insurance or from own Insurers. If your own insurers refuse to pay up then they go for policyholder personally.

And the Claim management co has been appointed by his Insurers.

In this situation nearly always best to go for the third party and not involve own insurance co

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Mon 11 Mar 2013 15:06
Renault Clio Campus - Rear End Shunt - dacouch

I usually find it's better to go with your own Insurers for a write off rather than direct to the third party as you have no protection from the Ombudsman and cannot use the Ombudsmans guidelines to get the price up going direct.

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Mon 11 Mar 2013 15:17
Renault Clio Campus - Rear End Shunt - thunderbird

Why does everyone allow their insurers to appoint a 3rd party claims manager. All you have to do is ask them to arrange repairs with one of their approved insurers, they will collect it, repair it and deliver it back, you simply pay your excess.

If you are elegible for a loan car you will get one delivered when they collect your car. If you are not elegible for a loan car and you need a car simply hire one, if the accident was not your fault you will be able to claim any monies back via your uninsurred loss cover, see below.

If the accident was not your fault contact your uninsurred loss cover provider (if you have one), they will do the necessary work. If you don't have such cover it may be necessary to get legal advice.

The above has worked for me on the 2 occations I have been involved in accidents over 38 years. In one case it proved quite tricky eventually since the other driver was not insurred but tehe solicitor sorted it out within 6 months and I was fully reinbursed. On the other occation the motorcyclist who hit me and another driver accepted liability and it was sorted quickly.

Its happened to my father 4 times now over 60+ years and there has never been an issue. First 2 accidents he was hit by other car in the rear, his uninsurred loss cover got him his excess back and in the first case his car hire charges, free loan car second time. 3rd accident he was hit by a 14 year old in a car that was actually registered to the family dog, other than crushing the car the Police did nothing, they did not even give the dog points. Last Wednesday he hit some barriers in a car park, I rang insurers Thursday, approved repairer collected car Friday and since the repairs were only expected to take a week (only needs 2 doors) he decided he did not need the free loan car. Car is expected back this Friday.

As I say, why there is any need to involve accident management companies is beyond me, you pay the insurance company, let them sort it. For uninsurred loss issues let your uninsurred loss provider sort it.

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Mon 11 Mar 2013 15:56
Renault Clio Campus - Rear End Shunt - dacouch

To add to Thunderbirds excellent post, if you really want to drive in a like for like new car, you can use your own Insurers to repair / write off your car but still use a credit hire company to provide you with a hire car.

If your own Insurer repairs your car, they are liable for rectifying any problems.

There are times when it's easier to go direct to the other Insurers and others when it's best to claim off your own policy.

One instance would be if your with a cheap and not cheerful insurer who cancels the Insurance when they write off your car.

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Mon 11 Mar 2013 22:04
Renault Clio Campus - Rear End Shunt - Magsy

Well the plot now thickens even further ....today i was told that the other driver is now alleging that it was a lane change on my part that caused the accident !!!!!! Absolute rubbish ...this person is a despicable liar !!!!! Having spoken to the police today there was no mention of any of this in their report ...i would definitely have mentioned this important piece of information if i had just driven into the back of someone's vehicle !!!!! On top of this ...the management company informed me that i would now have to go back to my insurance so that they now pay for the total loss minus the excess as they couldn't proceed fufther because of liability dispute. I also find out that to do this it now becomes a "fault" claim until their accident investigation team have "investigated" !!!! It also means that the hire car then becomes a courtesy car, which, i'm now not entitled to because my car has been written off, as opposed to being repaired!!!!!! I'm not in the financial position to pay for a hire car and reclaim the costs ....this person is going to cost me my job possiby now as i cant get to work without my car !!!!!

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Mon 11 Mar 2013 23:10
Renault Clio Campus - Rear End Shunt - dacouch

Get a copy of the police report

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Tue 19 Mar 2013 12:44
Renault Clio Campus - Rear End Shunt - The Gingerous One

>going to cost me my job possiby now as i cant get to work without my car

Buy a cheap car to tide you over. In doing this you are also 'mitigating your costs'.

It won't be easy or pleasant having a £400 scratcher for possibly several months but it will help you get to work and keep your job.

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