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Lotus in the Peak
28th - 30th June 2024

Insurance Write off


nick_y100

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I'm gutted for you.  So sorry.  

If you have an idea of damage can you do your own fag packet cost for repair - parts and labour - so you have a ball park starting point by which to judge the assessor. 

He or she might know all about family run arounds but nothing on elises  - worth asking how much experience they have on elise assessments and maybe request from the assessor company up front that they send someone who knows elises.

That's what I'd do. 

Good luck 

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Bugger :crybaby:

What was the Transit driver doing FFS!

Needs a proper check over to see exactly what's damaged so really needs someone with a bit of experience as Mr Will says.

 

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Sad to see 😭 

Sadly I think they will write that off. I would be negotiating to buy it back at some ridiculously low figure (if you want to that is). Just an absolute ball ache process you’ve got to go through now. Good luck.

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Thanks, for the advice. Yep I was on a single track road, stopped before passing place to let Transit stop but he just kept going, he had a big digger on the trailer think it was too big for the van. The Moron got out and said... 'Knock for Knock Mate !!!!" I am furious

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Presumably no witnesses but, if you haven't already done so, then notify the Police so that at least you can get an incident number. If the van driver was such a pr*ck then push the Police to interview him (assume you have his reg?). Also were you able to take any photos with the van on top of your car? If you can do as much as possible to show he was at fault then you can keep pushing for them to take action.

 

If, as you say, the load he was pulling was too heavy for the van's towing weight then that would affect his insurance and, as such, gives the Police an opportunity to charge him with driving without insurance. Give them as little excuse as possible to do nothing - sure it makes you extra legwork to get as much info as possible, but should all help your case.

Looking forward, with a successful prosecution it gives more weight to you with the insurance claim, to push it onto his insurers so you don't take a hit (sorry, bad pun).

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Wow, I'm not surprised you're furious, especially for him to then get out and say that. Good advice from Timbo above. It could still be repairable, so long as the suspension mounts haven't been damaged so don't lose heart.

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I just can't believe the idiot, but then so many van drivers don't give a jot. I hope you got some pics to help you get what you deserve, fingers crossed for a good outcome, if you have legal protection on your insurance it would be worth running it passed them

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Thanks for your messages of support. I don't have legal protection with my insurance :-( 

But have measured skid marks of Van at 20 meters, the highway code stopping distance from 30 mph is about 24 meters. No idea how fast he was going but proves that he was 1) travelling too fast, 2) his load was too heavy, 3) that the brakes weren't working properly and 4) brakes on his trailer weren't working. Nothing should skid for that distance. I have sent all the distances photographs etc to insurance.

The only thing the Police said was "Get a camera" its the only way you can prove it. Wise words after the event eh !!!!  

 

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Tim,

I'm so gutted for you! That is an utterly outrageous thing for him to have said, no wonder you're fuming. My car is at Option One at Bromsgrove after a similar incident, just over a month ago. Worth getting Frank at Option 1 to assess the car too. I've been told that they know what they're talking about and do first class repairs. My insurance gave me free rein to choose a repairer, I hope yours do too. You have my heartfelt sympathy, and most sincere wishes for a positive outcome, but as The Cakes has said, it'll be a ball ache....

ATB,

Kurt

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Sorry to hear about this :(  You say you don't have legal protection, but do you have it on any insurance - i.e house ? As I think if you do you could use that - worth checking out at least.  Your insurance will let you take it where you want to, but you may not get all the nice stuff like courtesy car etc. as they cant force you to take it to a place of their choosing. Also worth bearing in mind, that they might not let you buy it back if its written off. Some insurance co. send them to auction instead and you would have to bid, along with the rest. Often cars go for much more than they should in this instance.

Hope you get a positive outcome, and be prepared to fight for what you want.

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As much as it pains me to write this I'd be making it as difficult as possible.  No win no fee could be an option, if he's self employed it's a lot of aggro for one man on top of his day job.  If it's a company he works for it'll have a similar impact.  These ****ers don't let it drop if they think they have a case. 

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18 hours ago, timbo said:

Presumably no witnesses but, if you haven't already done so, then notify the Police so that at least you can get an incident number. If the van driver was such a pr*ck then push the Police to interview him (assume you have his reg?). Also were you able to take any photos with the van on top of your car? If you can do as much as possible to show he was at fault then you can keep pushing for them to take action.

 

If, as you say, the load he was pulling was too heavy for the van's towing weight then that would affect his insurance and, as such, gives the Police an opportunity to charge him with driving without insurance. Give them as little excuse as possible to do nothing - sure it makes you extra legwork to get as much info as possible, but should all help your case.

Looking forward, with a successful prosecution it gives more weight to you with the insurance claim, to push it onto his insurers so you don't take a hit (sorry, bad pun).

If his load was too heavy and it invalidates his insurance - you won't be able to claim from his insurance company, they will just walk away. Your only option then is to sue him privately, unless your own insurance includes cover for damage from uninsured drivers.

There is also a fund for claims against uninsured drivers through The Motor Insurers’ Bureau (MIB) - not Men in Black !  We all pay into this fund with a ~£30 a year levy on our insurance policies, so you and me pay for the "useless individuals" who drive without insurance.  I think the excess is quite high for MIB claims £500+ ??  You will find details here https://www.mib.org.uk/

If your insurance company say he is not responding to them (as happened to me) call him direct and you may find they haven't bothered to chase him - find out who is handling his claim (the company and if poss the individual) and pass the details to your insurer

 

Good luck

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Not necessarily. Under the Road Traffic Act the insurer has a liability to meet a proven claim. They can then, subsequently, take action against their insured to recoup the cost incurred.

Keep pushing and don't let it drop. 

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