001Ben
|
| posted on 26/4/12 at 02:26 PM |
|
|
Property Damage - Car Driver
Ok, completely un car related.
A couple of weeks ago a driver drove through my front fence , destroying my property ( Fence, plants, rockery) and his car (bumper , headlights etc) .
The police were called and he went off in an ambulance as he was claiming he passed out, the police did talk to him and breathalysed him. The police
towed his car away, gave me an incident number and then left
[img] [/img]
[img] [/img]
I thought or rather hoped that it would be a simple case of phoning my home insurance company up and claiming off his car insurance however they have
said it would have to be a claim off my house insurance and i would have to pay my excess (£350 ) and that they may be a ble to claim the costs back,
there was a very big may so i get the feeling that it wouldn't happen nor do i want to pay the excess or claim on my insurance.
I thought i would go and speak to his insurance company direct and they have given be a case numver and passed me on to the departmemet that is
dealing with it. I have spoken with them today and they have said it is currently being investigated and that if he is not found to be negligent then
they will not pay out for any damages. They also indicated that if he passed out then he would not be deemed negligent and costs for repair would not
sit with the insurers.
So , where do i stand ,if this is the case? can I persue a small claims case? or should i just pay for the damage although i am loathed to do this out
of principle. Has anyone had any thing similar happen to them?
[Edited on 26/4/12 by 001Ben]
|
|
|
|
|
computid
|
| posted on 26/4/12 at 02:33 PM |
|
|
Although I have no personal experience with such an issue what I do know is that when a friend of mine slid his clio on ice and knocked down a garden
wall the owner of the wall claimed off of his insurance.
|
|
|
HowardB
|
| posted on 26/4/12 at 02:35 PM |
|
|
If you have legal cover on your house insurance, then I'd use that, and instruct accordingly.
hth
oh and good luck
Howard
Fisher Fury was 2000 Zetec - now a 1600 (it Lives again  and goes zoom)
|
|
|
morcus
|
| posted on 26/4/12 at 02:37 PM |
|
|
Again, no personal experience but in your situation, the first thing I would do is find out what it's going to cost and contact the person that
did it asking politely that they pay for it to be fixed. If that failed you'd probably have to go through small claims court.
In a White Room, With Black Curtains, By the Station.
|
|
|
scootz
|
| posted on 26/4/12 at 02:54 PM |
|
|
Stick at his insurance co... they are liable for the damage to your property!
It's Evolution Baby!
|
|
|
loggyboy
|
| posted on 26/4/12 at 02:54 PM |
|
|
I wouldnt involve your insurers, just contact him directly and ask him to send you the details of who he is insured with.
Mistral Motorsport
|
|
|
blakep82
|
| posted on 26/4/12 at 03:14 PM |
|
|
quote:
Originally posted by scootz
Stick at his insurance co... they are liable for the damage to your property!
correct. the 3rd party bit is to cover other peoples property, whether its cars, houses, gardens, lamp posts.
keep at them, they're just trying to get out of paying.
i'm pretty sure at the time the police were there, he won't really have been aware that he passed out. people usually say they don't
know what happened at the time and are confused for a while. sounds to me he knows that saying he passed out will get him out a lot of things.
if he KNOWS he passed out, then it seems to me that he's got known medical problems...
________________________
IVA manual link http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1081997083
don't write OT on a new thread title, you're creating the topic, everything you write is very much ON topic!
|
|
|
ashg
|
| posted on 26/4/12 at 03:38 PM |
|
|
he crashed into your wall he is liable. ring his insurance get a claim form and send it in. if his insurance refuse to pay then take it to small
claims.
Anything With Tits or Wheels Will cost you MONEY!!
Haynes Roadster (Finished)
Exocet (Finished & Sold)
New Project (Started)
|
|
|
Slimy38
|
| posted on 26/4/12 at 03:50 PM |
|
|
If he'd crashed into another car, saying that he'd passed out wouldn't do him any favours. Why is it different crashing into a
house?
Sounds like your home insurance are just swinging the lead so they don't have to do any work. Push for it to go through as a full claim against
the third party.
|
|
|
Minicooper
|
| posted on 26/4/12 at 03:52 PM |
|
|
I've had several close members of the family who have had various things happen to them.
If next doors house burns down and takes yours with it, unless negligence can be proven then you claim off your own insurance, my mother has been
flooded from the upstairs flat 8 times, her own insurance company tells her to either pay for it herself, claim off her own insurance or take them to
small claims court, unless you can prove negilgence you will get no where and they are not liable.
I was as surprised as most people would be when this happened to my relatives, most people would assume that the person who damaged your
home/car/whatever there insurance would be liable, but it appears this is not the case for most people
David
|
|
|
scootz
|
| posted on 26/4/12 at 04:08 PM |
|
|
House fires and road traffic accidents are quite different!
It's Evolution Baby!
|
|
|
Minicooper
|
| posted on 26/4/12 at 04:24 PM |
|
|
quote:
Originally posted by scootz
House fires and road traffic accidents are quite different!
I understand that, but one thing is the same, it's the person own insurance that are saying this, they are saying claim off us, because unless
you can prove negligence you can't claim off the persons insurer that caused the damage.
I don't agree with it but it seems that's the way it works
When next doors massive oak tree comes down one day and destroys my house, I'm sure they will claim it as a act of god, same way as my car was
destroyed by a roof blowing off and landing on my car, the insurers of the house that lost the roof claimed it was an act of god therefore they were
not liable. I argued with them for years about that, but unless I could prove god doesn't exist then I wasn't covered
Strange lot are insurers you know!
David
|
|
|
scootz
|
| posted on 26/4/12 at 04:40 PM |
|
|
Road traffic legislation specifies that motor vehicles used on public roads must have an insurance policy that covers the 'third
party'.
There is no such obligation in place that requires home insurance policies to do so.
It's Evolution Baby!
|
|
|
001Ben
|
| posted on 26/4/12 at 04:44 PM |
|
|
quote:
Originally posted by Minicooper
I've had several close members of the family who have had various things happen to them.
If next doors house burns down and takes yours with it, unless negligence can be proven then you claim off your own insurance, my mother has been
flooded from the upstairs flat 8 times, her own insurance company tells her to either pay for it herself, claim off her own insurance or take them to
small claims court, unless you can prove negilgence you will get no where and they are not liable.
I was as surprised as most people would be when this happened to my relatives, most people would assume that the person who damaged your
home/car/whatever there insurance would be liable, but it appears this is not the case for most people
David
This is pretty much what they are saying, I cant see how they can possible say that , doubt iut would be the case if he hit another car. Think
another phone call tomorrow is needed. If i decide to take this through small claims would i take him or the insurance company to court?
|
|
|
scootz
|
| posted on 26/4/12 at 04:54 PM |
|
|
Ben..
Stop the communication with your home insurance. They don't deal with RT matters!
Keep dealing directly with the car insurance company! Don't be fobbed off by them! They are responsible!
That he claims to have 'passed out' is completely irrelevant!
It's Evolution Baby!
|
|
|
001Ben
|
| posted on 26/4/12 at 04:55 PM |
|
|
quote:
Originally posted by scootz
Ben..
Stop the communication with your home insurance. They don't deal with RT matters!
Keep dealing directly with the car insurance company! Don't be fobbed off by them! They are responsible!
Him passing out is completely irrelevant!
As soon as my home insurance said it would be a claim on my insurance i stopped the conversation and won't be phoning them back up, its his
insurer's that i am dealing with.
|
|
|
Simon
|
| posted on 26/4/12 at 05:14 PM |
|
|
As already said, this is exactly what insurance is for. Get a claim form from his insures. If his fainting is a known prob, perhaps the dvla might
like to suspend his licence for further investigation.
ATB
Simon
|
|
|
snakebelly
|
| posted on 26/4/12 at 05:59 PM |
|
|
Definately his car insurers who will pay, if he had hit a council sign for example his insurers would pay out immediately as local councils take no
prisoners and have their own legal departments. They are just hoping you'll give up and dissapear
|
|
|
JoelP
|
| posted on 26/4/12 at 06:04 PM |
|
|
To agree with most of the above, they have bullsh**ed you in the hopes you give up. Just another example of bull**** britain. There is no law against
lying it would seem, so they do it with gusto.
Of course its his fault. And of course he was negligent, he lost control of his car. Myself, id have a landscape gardener round for a quote, put the
shits up them with a big bill.
Beware! Bourettes is binfectious.
|
|
|
snakebelly
|
| posted on 26/4/12 at 06:10 PM |
|
|
http://www.monetos.co.uk/insurance/car-insurance/types/third-party-fire-theft/
This makes it very clear his insurers are liable
|
|
|
001Ben
|
| posted on 26/4/12 at 07:31 PM |
|
|
quote:
Originally posted by snakebelly
http://www.monetos.co.uk/insurance/car-insurance/types/third-party-fire-theft/
This makes it very clear his insurers are liable
That looks good, will see how i get on with them tomorrow. Like others have said it seems that they are trying to get me to give up. Guess they dont
know me!
|
|
|
snakebelly
|
| posted on 27/4/12 at 10:28 AM |
|
|
would be interested in hearing how you get on, let us know.
|
|
|
MikeRJ
|
| posted on 27/4/12 at 11:10 AM |
|
|
quote:
Originally posted by loggyboy
I wouldnt involve your insurers, just contact him directly and ask him to send you the details of who he is insured with.
Absolutely this. I simply can't understand why people pursue third party claims through their own insurance? Dealing with one insurance
company is a pain in the bum, put two in the loop and things just get worse.
|
|
|
Irony
|
| posted on 27/4/12 at 11:20 AM |
|
|
As above they are just trying to fob you off. They are just hoping you'll get fed up and go away. I am sure that insurance companies have
unofficial policies regarding 'ignoring people until they actually take us to court'.
|
|
|
001Ben
|
| posted on 27/4/12 at 02:38 PM |
|
|
well, i phoned them again and they said pretty much the same thing that if he was negligent then they will pay out and if he wasnt then they wont.
They are currently waiting for doctors notes to see if he had been advised not to drive or whether the tablets that he had been on said that he
shouldnt drive. I did explain that i didnt give a flying hoop whether he should or shouldn't drive and that i wanted my garden repairing and as
it is his fault and he is insured then i expect them to payout.Even mentioning small claims court and financial ombudsmen didnt seem to bother them,
in fact he told me to go and see a solicitor!
There next bit of advise was either pay for it myself or go through my home insurance. He did say ( after 20 minutes) that if they were to pay out
that they would want two quotes to get it fixed and that i should go away and sort that out as it may speed up the process if they do decide to
payout, but i think he was getting fed up with me by then. What makes it worse is he couldnt say how long it would take for them to decide whether to
pay out or not.
|
|
|
