Car Accident - Advice?

[Bridgford Ram]

I was involved in a car accident today, I am not hurt but even now over 4 hours later I am still shook up.

The accident wasn't my fault and the third party admitted it was his fault - although the insurance company have told me this could change after he speaks to his insurance company and because it was on a roundabout any disputed claims are just settled 50/50.  This is annoying but I can't do anything about this other than rely on the 3rd parties honesty.

My biggest worry is that we have a 1 year old car (that still looks like it did the day we bought it brand new) that is on PCP and under manufacturer warranty.  

We also have Volvo Assistance (like the AA but Volvo run).  They got the car from the accident and took it off to a Volvo approved garage to be fixed.  However when I rang the Insurance company they said it would need to be fixed by their approved garage.  At one point I had them both on seperate phones telling me I should let them handle it.

I have gone down the route of letting the Insurance company handle this through their garage, was this the right thing to do?  Will it impact on the value of the car?  The warranty? The Service history?  Anyone have a view on what I should have done?

The damage appears just to be body work.

[rad1919]

Both parties will want to handle your claim as there is something in it for them. Your insurance company will have vastly reduced labour rates with their "preferred" garage (so minimising their potential loss) and Volvo Assistance will get referral commission from whichever garage they "prefer". If the third party insurers think their client is at fault they will also probably contact to offer their assistance as well, also to minimise their loss.

Ultimately as the customer it is your choice and neither should impact the value or warranty on your car. The amount you pay your own insurer it is probably best just to let them get on with it.

Also be very wary about companies offering you "free" like for like courtesy cars. You could end up with the bill especially if liability is disputed and can't be proved. You are probably entitled to a courtesy car with your own insurer anyway depending on who you are with.

Hope this has been of some help and glad you're ok!

[jono]

I think you have done the right thing. The Insurers are the ones who foot the bill so they must have first option on repairing it.

if the damage is modest bodywork damage and it is repaired by an insurance approved garage then the residual value should not be affected in any significant way.  You only have to declare such damage from a legal standpoint if the car has been written off and subsequently repaired. ( your PCP people will probably want to know but as long as it is fixed correctly then it's a for info only scenario - have a gander at you contract just to be sure  ) 

There are all sorts of scientific categories for cars that have been brought back to life after serious damage but an everyday none structural crunch wouldn't fall in to those.

Your PCP will probably state you have to be insured with a regulated insurer and repair damage according to manufacturers procedures/good practice which you have done so no worries there.

Have a cup of tea take a few deep breaths. If no ones hurt then it's part of every day life and happens all the time. Companies, procedures and laws are in place to deal with it.. It does shake you though and takes a few days to regain your mental balance. Not nice at all .. I'd also recommend watching a football match tomorrow, helps to get priorities straight, normalised and to take your mind off it.

 

 

[Bridgford Ram]

Thank you both so much for the responses, this forum can be a lovely place in so many ways.

I know no one is hurt and that is the main thing, the fact my wife and boy weren't in the car too is important.  It is all so horrible though, a car that looked like the day it was made is now damaged and I am having to speak to so many people to resolve it - there have been 2 occassions already when I have been on the mobile with a call waiting and the landline is ringing too (there was also someone at the door!).  I just prey that the third party does the right thing and continues to accept it was his fault - there is no doubt whatsoever but also no witnesses otherwise I lose £300 access and my maximum no claims.

[LesterRam]

The roundabout should have an active CCTV or Traffic Control System in place which could be handy

Volvo, you wouldn't want to be in any other car when in an accident and glad your ok

[Tony Le Mesmer]

Hope you're ok Bridgford. I wrote a car off 4 years back with my toddler inside. Managed to swing the steering around at last second or I wouldn't be here now.

It's a horrible situation to be in but everyone is safe and that's how I would choose to look at it.

Hope it all gets sorted quick for you. When you are without a car it makes you realise how much we rely on them .

[King Kevin]

Glad you are ok ,don't forget it's a no claim not no blame bonus system .Claim of his/her insurance and if you have the legal cover use them to recover any excess .If you do that your no claims will stay intact.

It's a bit late now but if it's clearly someone else's fault make them sign there and then do not make an exception they always change their mind after talking to the mates down the pub etc. 

Only given two people the benefit of the doubt and although won both times both played up afterwards, I would always make them sign if nor call the police, and  I am aware you are not supposed to admit liability..Hope it works out for you ok.

[Bridgford Ram]

Thanks all, I realise being safe (and my family were not involved in any way) is the main thing but I just hope this person does the right thing.

The police were called but I am not sure if he admitted guilt to them and I was too shocked (and still am in shock) to get him to sign anything.  Hopefully there was CCTV on the roundabout because if there was and it is used there is no doubt.  I didn't change lanes all the way round the roundabout and indicated correctly.  He just didn't see me because he said the sun was in his eyes.

Something that is a bit naughty with all this is that my Insurance company have rang me twice now and want to ring again tomorrow to see if I am ok.  It seems they are 'hoping' I need to make an injury claim.  I am fine and honest so won't be doing.  Seems wrong though.

[Sith Happens]

Getting the third party to sign nothing means nothing, they only have to claim they were pressured into it.

The police will rarely be interested unless someone is injured. 

Regarding the approved repairer, its usually the best option, some insurers have additional excesses if they aren't used, plus the approved repairer will usually provide a courtesy car.

As others have said if anyone else offers you one read the small print as if they cannot recover the cost from the third party then you could be liable.

It is in your insurers interest to pursue a claim off the third party, so they probably will try. Good luck.

[WhiteHorseRam]

2 minutes ago, Paul71 said:

Getting the third party to sign nothing means nothing, they only have to claim they were pressured into it.

The police will rarely be interested unless someone is injured. 

Regarding the approved repairer, its usually the best option, some insurers have additional excesses if they aren't used, plus the approved repairer will usually provide a courtesy car.

As others have said if anyone else offers you one read the small print as if they cannot recover the cost from the third party then you could be liable.

It is in your insurers interest to pursue a claim off the third party, so they probably will try. Good luck.

Wise words.

@Bridgford Ram its great news that you and everyone is okay. Take a step back and let the Insurance people sort it now.

[Rev]

Personally, with it being a new car I'd have pushed for it to be fixed at the main dealers, your insurance company will always push for their own supplier to sort it, so they can make a few quid in referral fees, but no-one knows your car like the people who sell them every day.

They scare you into going along with them, but the manufacturer cover and repair is much better imo, and if you push your own insurance always back down.

Glad to hear you're safe and unhurt, never nice to be in a bump, regardless of fault.

[Phoenix]

Possibly not the place to go off at a bit of a tangent, but my neighbour had his car wrecked by someone who drove into it whilst it was parked (legally) at the side of the road, on a Sunday afternoon.

The driver said to another neighbour (who appeared, to se what happened) 'I just didn't see it.'

When the (1st) neighbour tried to claim on his insurance, the driver had told the insurance that he'd blacked out and didn't recall anything, which apparently made it difficult to apportion blame. Probably been talking to the lads down the pub.

[Sith Happens]

29 minutes ago, Phoenix said:

Possibly not the place to go off at a bit of a tangent, but my neighbour had his car wrecked by someone who drove into it whilst it was parked (legally) at the side of the road, on a Sunday afternoon.

The driver said to another neighbour (who appeared, to se what happened) 'I just didn't see it.'

When the (1st) neighbour tried to claim on his insurance, the driver had told the insurance that he'd blacked out and didn't recall anything, which apparently made it difficult to apportion blame. Probably been talking to the lads down the pub.

There is more to that, blacking out is no excuse, if anything its an admission of guilt. 

[Sith Happens]

1 hour ago, reveldevil said:

Personally, with it being a new car I'd have pushed for it to be fixed at the main dealers, your insurance company will always push for their own supplier to sort it, so they can make a few quid in referral fees, but no-one knows your car like the people who sell them every day.

They scare you into going along with them, but the manufacturer cover and repair is much better imo, and if you push your own insurance always back down.

Glad to hear you're safe and unhurt, never nice to be in a bump, regardless of fault.

Aslong as they can guarantee warranties etc are in place it should not be an issue

[Mostyn6]

I've had 2 crashes, both on roundabouts, both caused by a third party to the left of me trying to go right!

Keep and eye on this.

I discovered last week that even though I was fully reimbursed both times, both insurance companies had entered me "accidentally" as "at fault" on the CUE system which the underwriters use. Luckily my current insurance company told me this, so I spent a couple of days arguing on the phone and demanding to speak to managers and threatening fraud investigations.

Do the simple thing as well, buy a dash cam. If you're in contact with the 3rd party, make a sneaky "I hope you don't deny liability cos I have it all on dash cam".

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A few years ago, I rolled into the back of a geezer on the M1, and I mean rolled, our cars barely touched. I was in a company car, he was in a convertible Audi with his daughter. He got out and was moaning that he'd had a crash 2 weeks earlier and just has his car repaired. He didn't notice the phone in my hand and I was recording subtly. There was no damage to his car.

A month later he put in a massive claim for back spasms and damage to his car. I hadn't even told my firm cos there was no damage. But I got a grilling from the legal department then pulled out this video. They were elated. They ended up counter-suing cos he didn't mention his previous accident in his claim. Anyway, they totally cleaned him out. He lost everything on paying legal fees. 

[Sith Happens]

10 hours ago, Mostyn6 said:

I've had 2 crashes, both on roundabouts, both caused by a third party to the left of me trying to go right!

Keep and eye on this.

I discovered last week that even though I was fully reimbursed both times, both insurance companies had entered me "accidentally" as "at fault" on the CUE system which the underwriters use. Luckily my current insurance company told me this, so I spent a couple of days arguing on the phone and demanding to speak to managers and threatening fraud investigations.

Do the simple thing as well, buy a dash cam. If you're in contact with the 3rd party, make a sneaky "I hope you don't deny liability cos I have it all on dash cam".

--------

A few years ago, I rolled into the back of a geezer on the M1, and I mean rolled, our cars barely touched. I was in a company car, he was in a convertible Audi with his daughter. He got out and was moaning that he'd had a crash 2 weeks earlier and just has his car repaired. He didn't notice the phone in my hand and I was recording subtly. There was no damage to his car.

A month later he put in a massive claim for back spasms and damage to his car. I hadn't even told my firm cos there was no damage. But I got a grilling from the legal department then pulled out this video. They were elated. They ended up counter-suing cos he didn't mention his previous accident in his claim. Anyway, they totally cleaned him out. He lost everything on paying legal fees. 

Thats the good thing about has having technology these days. Not too many years ago it did rely on ones word against the other in many instances.

What you mention about back spasms is one issue that arises a lot though, it certainly sounds like he was putting it on, and so many do with whiplash claims. The problem is back pain is very hard to prove or disprove, if you can put on a good act for the doctor you have it nailed.

Its also difficult for those with genuine whiplash as usually the pain isnt felt until awhile after, even a couple of days, this causes huge arguments as people will state there was nothing wrong with them but it can seem that way. Insurers will be introducing caps on whiplash payments soon, this is sad for those who have genuine whiplash compared with those who fake it 'because everyone does it why shouldt i'.

In fact i would go as far as to say if someone claims back pain/whiplash at the scene of the accident they are already thinking of a compo pay out, i saw this myself not long ago, a woman had parked up out side a shop and someone ran into the back of her, only just...no speed involved really it was just a small shove, i didnt see any damage. She got out effing and jeffing at the driver who had hit her, then all of a sudden she puts her hands on her back and starts yelling in pain.

Annoys me why everyone is on the take nowadays, it costs us all in the long run, insurance companies are businesses at the end of the day and if they lose money they pass the costs on to us in premiums.

[LesterRam]

Thank god whiplash claims are coming to an end.

http://www.bbc.co.uk/news/business-38002662

"All of that suggests that actually there is something fundamentally wrong with our compensation system," he told the BBC. "In the UK, almost 80% of every injury claim that we see relates to whiplash. Now in France, by comparison, is it just 3%."

[McRamFan]

18 hours ago, Bridgford Ram said:

Something that is a bit naughty with all this is that my Insurance company have rang me twice now and want to ring again tomorrow to see if I am ok.  It seems they are 'hoping' I need to make an injury claim.  I am fine and honest so won't be doing.  Seems wrong though.

An injury can manifest days after an accident, especially as the shock masks this.  I know there is a lot of fake claims, however take the time to make sure you are OK.

[LesterRam]

1 minute ago, McRamFan said:

An injury can manifest days after an accident, especially as the shock masks this.  I know there is a lot of fake claims, however take the time to make sure you are OK.

Its because they receive a referral fee, Insurers have no interest in your wellbeing but are interested in making money, depending on agreement, its about £100-£200 per referral, sometimes more than the fee received for insuring your motor.

[Bridgford Ram]

4 minutes ago, LesterRam said:

Its because they receive a referral fee, Insurers have no interest in your wellbeing but are interested in making money, depending on agreement, its about £100-£200 per referral, sometimes more than the fee received for insuring your motor.

Yes I have just had the third call checking I wasn't injured, they seem genuinely surprised when I keep telling them I am fine.  They have now said that they will ring again next week - how many people will think 'do you know what, I could say I have a stiff neck / back' and make a few grand?

Insurers can't complain that whiplash claims are putting up premiums while putting this pressure on drivers.