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Pretty sure this person just wrote my Zed off :(


AKVai

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I saw this accident yesterday, was glad to see that you were all out of the cars safely, it was quite a mess. Unfortunately I don't think they will repair your car tbh, such a shame as I see you on the A2 & Hoath way quite often

 

Thanks Darren, It's my daily commute to Dartford up Hoath Way and A2/M2. Road is a nightmare, pretty much every day there is a crash on it by people not paying attention!

I don't think they will repair it either tbh. Garage is picking it up today so should find out later :)

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As Wasso said. I'd estimate that 80% of drivers drive too close of which 20% of those are dangerously close. We have loads of these sort of accidents, pretty much daily on The A55 or its branch The A494, at least 2 yesterday with the road closed for a couple of hours. Problem is that the vast majority of these drivers are not doing it on purpose, they just don't realize. The Welsh Assembly painted chevrons on the A494 and put up a big sign "Keep 2 chevrons apart" but it's mainly ignored.

 

Still, main thing is you're O.K.

 

Pete

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Seeing as you are the aggrieved party, the other person's insurance company has absolutely ZERO right to write it off. You have no contract with them. Their contract is to cover damage caused by their client. They are, therefore, completely liable to fix your car to the condition it was in prior to their client messing it up.

 

OK, so they will try their damndest to wriggle out of it and say it's a write off - tough luck, they've no right to. They'll produce all sorts of nonsense to try and force you into submission, tell them where to stick it.

 

You insurance company shouldn't be involved at all, short of the initial notification.

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Pretty sure that will be a Cat C. Even if repaired it will have that hanging over it. On the positive side, you will get everything put back to as new.... as long as the repairer isn't called Hopalong Cassidy.

I'd get the insurance money, claim it back for buttons and part it out.

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I'm getting close to the mindset that anyone who has an accident on a motorway should be banned from driving for a year, end of. There really is absolutely no excuse for it, none at all.

 

Sorry to read this, I bet it must have shook you up something chronic. I know it would me. :(

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I'm getting close to the mindset that anyone who has an accident on a motorway should be banned from driving for a year, end of. There really is absolutely no excuse for it, none at all.

 

 

Hope you don't have a front tyre blow out that causes you loss of control........oh, but then as a "Tyre Guru" hopefully your God will be looking after you ;)

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Seeing as you are the aggrieved party, the other person's insurance company has absolutely ZERO right to write it off. You have no contract with them. Their contract is to cover damage caused by their client. They are, therefore, completely liable to fix your car to the condition it was in prior to their client messing it up.

 

OK, so they will try their damndest to wriggle out of it and say it's a write off - tough luck, they've no right to. They'll produce all sorts of nonsense to try and force you into submission, tell them where to stick it.

 

You insurance company shouldn't be involved at all, short of the initial notification.

 

Would be nice to get one of the Insurance specialists here on the forum to give us an opinion about this case :) I'll PM a few now to bring this topic to their attention.

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Octet has asked me to comment about whether it be deemed a write off.

 

This is my personal opinion from 25+ years in the business!

Firstly, hopefully, AKVai has paid for Legal Protection at renewal. They can fight on AKVai's behalf about any issues and when I used to work in the office, we always let the Legal team sort it out, which invariably they did.

 

As far as the third party insurers deeming the car a write off, then both insurers tend to communicate together to look at the best way of moving forward whilst keeping AKVai happy!

 

Personally if AKVai is not happy about write off, then they could always get an independent engineer to make a judgement.

 

I would recommend AKVai contacts their insurers and their legal department ASAP to speak about this.

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AIUI (and not wanting to take away from Tim, who actually does it for a living!), and to take it to the logical conclusion:

 

 

Third Party Insurer (TPI) decides car is uneconomical to repair, wants to write it off and pay out. OP doesn't accept this, so throws it back to them. TPI do not budge. Ultimately OP would end up in court trying to convince a judge to get the TPI to make his car perfect again regardless of the cost which is obviously just ludicrous to attempt so tbh you can forget that approach. What the OP would actually need to do is then start the process from his insurer, who would then contact the TPI to sort out.

 

Now here's the rub: In the policy document, the OP has agreed that his insurer may deal with any claim as they see fit. I can promise you that they will push back against the other insurer, but if repairs are going to be more than about 60% of the value of the car then both companies will agree that a write-off is most sensible way forward. Courts will agree, the ombudsman will agree, so no go. If you don't want them to write it off then fine, see if you can get them to contribute a sum towards the repairs in lieu of payout, but ultimately you may well just have to accept the inevitable. If it was a particularly rare or valuable car then you'd have a better chance, but otherwise reality and common sense has to kick in somewhere.

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Common sense or not, TPI has no contract with you, therefore it is their obigation to pay for their client's actions, regardless of cost.

 

Of course an expensive rebuild doesn't often happen in the real world, as you described, but regardless, they have no power over you at all (not that they believe this....).

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Common sense or not, TPI has no contract with you, therefore it is their obigation to pay for their client's actions, regardless of cost.

Well, no. Not regardless of cost. That would be silly. Imagine if you owned a 1985 Rover worth £500, and someone drives into it. The parts needed are no longer made so they need to re-tool which costs £2M. Do they HAVE to do that?

 

Yes, that's a deliberately silly one, but the point is true. You could try suing the TP for damages like I said, but you'd have to prove negligence or that they owed you a duty of care, and then you'd still have to convince the judge that paying £7K to fix a car worth £6K is worth it. Never, ever going to happen.

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First thing i hope you get sorted and an outcome that suits you.

But

I fear the younger people amongst us have grown up in a world where an insurance claim is made for everything with the expected outcome to be in favour of the injured party when its not their fault.

The sad fact of life is once you have to make a claim you will loose out in one way or another. Be it the value of the car that the insurance are arguing about or just the shear time it takes to get resolved pissing you off. That`s without the fact that at renewal time its bound to affect your insurance even though its not directly your fault.

 

As i say i hope you can get it sorted without too much hassle and loss.

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