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any accident claim experts - advice needed.

eddieedmo

eddieedmo

New member
On Tuesday ,in my work van thankfully , I was hit from behind at traffic lights by a Jaguar XF which was travelling at some speed.Not sure why but driver was a professional footballer who was recovering from a knee op and using a walking stick.The van is a write off.I suffered whiplash , back and knee injuries but am recovering well thanks to some expert physio etc.
My question is when I am offered compensation for the van I know it will not be enough to allow me to replace with a van which I know will be as well maintained and reliable as mine.I have had mine for 6 years and know the work done .I will probably have to pay £2k more to get a van with a good history and warranty.
Can I claim for this expense which I otherwise would not have had.

Thanks in advance

Nick
 
In theory you should be recompensed so that you are put back in the position you were before the accident.

If they offer £8k and a suitable replacement is £10k for example, then send them the proof that replacements are £10k and don't accept their first derisory offer.
 
I would reject the offers made by the insurers and keep doing this until they raise the offer to an acceptable level.

One of my previous cars was stolen and it took weeks/months before we reached a figure acceptable to both parties. It did need me to evidence the servicing/maintenance and I also sent them examples of similar cars in age, spec, mileage etc to them from autotrader and the asking prices.

They did visit and speak review all my paperwork, certificates driving license, speak to neighbours etc.

Do you have paperwork supporting your maintenance?

Definitely don't accept the first offer they make.
 
Thanks for the feedback , I have good records of the work done to the van so should be able to negotiate a good settlement.

Nick
 
The FoS is unlikely to accept adverts as proof of value, but everything can help. With regards to a replacement then theres a PH member (Annie's Dad or similar) who runs a well-regarded and not shark-like claim company who will be able to help.
 
Get a solicitor on it who knows what they are doing - not a claims factory rammed full of unqualified staff. Make it the solicitor's problem and not yours!

You are meant to be put back in the position you were in before the crash but this is nigh on possible with your 6 year + old van but you aren't going to get £2k above market value for it.

I had a similar problem to resolve for my mum earlier in the year - she had owned her Golf since nearly new and had put 100k miles on it over 10 years herself and fully serviced it. Because the driver that wrote it off was uninsured we had to make a comp claim initially and her own insurers just wouldn't budge a penny over Glass's guide "top book" retail price. To her it was irreplaceable - automatic with full heated leather and all that history but to the insurer it was just another old Golf. Top book was a damn sight more than their first couple of offers though.

Good luck, no fun at all.
 
You have suffered injuries as a result of an accident that is someone else's fault? I am no expert but I find it hard to believe that if if raise the personal injuries as the primary claim, the cost of replacing your van will become a secondary cost. If you are happy to settle for the amount it costs to replace you van with a really nice one plus a couple of bottles of Scotch for the pain they will see this as a result.

Don't delay in letting them know you've suffered personal injuries and keep every scrap of evidence of your treatment.

Cheers and all the best with your recovery and claim,
Mick
 
I thought that if you have fully comp insurance ? They cover you for personal injury ?
As for the Van , they normally pay out market value ? You did not have agreed valuation on your van ? So even if it stands you at 10K today , they will pay what the average van sell for with same mileage and condition prior to the accident ? Glass guide book
Make sure you get checked out , you may have long term injuries that may affect you later in life as a result of this accident .
Sounds like the person who crashed into you should not have been driving his car !!!
Best of luck and seek legal advise as you are a victim .
 
Hi Nick,

You will probably be bombarded with offers from so-called "claims specialists", from both your own insurers and, bizarrely, the TP's insurers. They make money on the recommendations to offset the cost of the claim, and it's a VERY competitive market with quality being low down the list.

If you've needed medical attention, and your business vehicle is out of action, I'd be following Rob's advice and getting a proper solicitor on your side.

You might have to accept that service and maintenance work on your van counts for nothing unless it's an agreed-value policy and the work actually adds to that value. Unfortunately, fitting new tyres and brake discs yesterday, for example, doesn't change the book value of the vehicle today. As said, the first offer is certainly open to challenge, but don't expect any insurer to value your cherished vehicle the same way you do. [&o]

Keep receipts for everything. Pressure the TP insurers with the threat of increased claims due to hire vehicles, interruption of business etc., and they will move faster. Make sure you think about reclaiming your excess, and if there is one thing I can pass on from 2 genuine no-fault claims (as in parked vehicles hit by others), get your insurer to supply a letter to say it was a no-fault claim. You have to declare this accident for the next 5 years, on any insurance you apply for. You need categorical proof that it really was a non-fault claim, and not any sort of knock-for-knock, or you'll be excluded from any deals on things like comparison sites.
 
Some great advice here :).

I would go with what McNulters said. As an aside assuming the van will be written off due to it being 'uneconomical to repair' despite it being repairable I would be tempted to buy it back and repair if it if the damage is not severe.

Some may say it is silly, but many (including I) have done this on a few occasions (First time on a Focus; the mileage caused it to be written off (It had 140k on a car that was 6 years old (book value was £1500)). At the time being a student, I knew it would be tricky to find a similar car (It was bought off a friend for less than book value, with him looking after the car very meticulously and in truth, probably more than what anyone would do (a habit it seems he cannot kick judging by recent events!). Second time was on my trusty but worthless Mondeo (that had silly miles (more than the Focus) I admit, but (this does sound silly) I would have struggled to find another in similar condition (It just had a new genuine clutch fitted in addition to new suspension months before when a renowned but injured Rugby player hit the chap from behind who in turn hit me (doesn't this story sound familiar?). Even today, similar aged cars with half the miles seem to be wrecks in comparison (ripped interiors, smokey and noisy engines in addition to wallowy ride and generally an unkempt exterior)). Both cars with half the miles would have been repaired judging by what I have seen.

However, I would brace yourself for the spate of claims company calls. I still get the blasted calls!
 
thanks for all the advice very grateful , solicitors are dealing with the claim direct with the other drivers insurers.My own insurers are aware but not involved at this stage.
I am at the doctors again tomorrow and then physio .Amazed the TP insurers haven't requested inspection of my van yet , the costs are mounting as I have a hire van.
No issue with no fault claim,police were involved as well as paramedics.

Nick
 
Hi Nick
Was your van comprehensively insured?
If so you should claim through your insures first - they will find out about it anyway and if they are involved they will therefore know how the claim finishes up.
Also, it will probably be quicker and you have a duty to mitigate your losses.
That would be why the TP insurer is not responding speedily - then they say you were delaying things and try not to pay out everything.
Hope your recovery is quick!
Good luck.
Cheers
 
Hi Mike

Yes I have fully comprehensive insurance with protected NCB , my insurers are aware and they are aware that the claim is being handled by solicitors .
On the mend thankfully.

Nick

 
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