From: cpw@comlab.ox.ac.uk (Phil Winder)
Newsgroups: uk.misc
Subject: Re: How do you claim?
Summary: carefully and slowly
Date: 12 Nov 92 08:54:52 GMT
Organization: Oxford University Computing Laboratory, UK
Originator: cpw@client14.comlab

In article <1992Nov11.184649.12031@city.cs> lionel@cs.city.ac.uk (Lionel Tun) writes:
>A car went into the back of our car over the weekend. The person
>at fault admitted guilt and supplied names and addresses. He had
>a company car and company insurance. We have 3rd party fire and
>theft, plus loss recovery.
>
>The question is, what can I claim for and how to go about it?
>Is it better to let my insurance company approach the other
>insurance company? Will it affect my no-claims bonus? Would it
>be quicker to approach the company that owns the car?
>
>Should I get the car fixed (the back bumper and boot is caved in,
>the car is a 1983 Audi 80) and present the bill, or should I get
>an estimate, get the money then get it fixed? During the time
>the car is away for repair, it means my wife cannot take the kids
>to playgroup - can I claim for a hired car to cover that?
>
>--
>Lionel Tun   (lionel@cs.city.ac.uk)
>Vision Group, City University, London, EC1V 0HB. 071-477 8000 x 3889

First of all, bad luck!  A similar thing happened to me, and even though it's
not your fault etc, it will take a long time and lots of hassle to sort out.

1) It's probably a good idea to write to the guilty party setting out your view
   of what happened.  You have probably told him verbally, but it's good to
   have it on the record (keep copies of _every_ letter) so they can't claim
   later that you invented your version of events at a later date.  [the other
   party is supposed to forward copies of such letters to his insurers]  Mention
   where your car is now, and invite him to come & inspect it if he wants.
   Explain that you can't use it at present.
2) If you have a stiff neck or any form of whiplash, go see a doctor.  Don't
   leave it for weeks in case it clears up, go this week.
3) Do _not_ fix the car yourself, or you will have to pay for it.  Phone or
   contact the other party's insurers directly and they will come to inspect.
   They usually do this within a couple of days on a "no obligation" basis --
   ie. before they have accepted that they will pay.  Don't use or fix the car
   until they have done this.
4) With an old car and chassis damage, you may well find that it is not economic
   to fix the car, so it will be written off.  This means that the guilty
   party's insurers will pay you prior "market value" (their opinion) minus
   current salvage.  You will then have to sell the wreck yourself.  If you have
   a good service history, show photocopies to their loss asjustor as this may
   lead to a higher value.  Also provide evidence of any outstanding warranties
   or other factors which could increase it's value.  Decide what you think it
   is worth, based on used car price guides.  If it is worth repairing, get
   three quotes.  Agree action with the GP's insurers before actually repairing.
5) While your car is unuseable, you may claim back reasonable extra travel
   costs.  This doesn't mean that you can take a helicopter just to get to the
   supermarket, but should cover bus or whatever to get about.  Hou have to use
   the cheapest possible; this is probably not a hire car (if it is, get several
   quotes first).  Keep all receipts, and send copies to the GP or his insurer.
   If your car is written off, you will have about 3 weeks from the date of the
   decision until they stop paying your fares -- this is to allow you to hunt
   about for a new car.  Send the old road tax cert back to the DVLA to claim
   a refund.
6) Talk to your insurance broker.  Some will appoint a solicitor on your behalf
   as part of your policy, to negotiate with the GP on your behalf.  You should
   inform your insurer about the accident and what action you are now taking.
   This should not affect your future NCB, provided the GP pays up, but each
   time you apply for an insurance quote you will have to tick the box "have you
   had an accident in the last 5 years ...".  If the GP's insurers are being
   very slow or difficult, you might be advised to appoint your own solicitor
   anyway.  This is expensive, but they can probably recover their fee from the
   GP.  As a first step, check with a citizen's advice bureau as they are free
   and have all the info.
7) If you think the GP was criminally responsible, perhaps driving without due
   care & attention, went through a red light, etc., then it should be reported
   to the police.  An outstanding prosecution of the GP helps your case!  Most
   traffic offences have to be reported within 24 hours however.

Despite appearing to be an open-and-shut case, expect a delay of around 3 months
before you see any money.  You are expected to pay all the expenses in the
meantime -- too bad if you don't have extra money to hand as the GP's insurers
will only pay up sooner if you agree to a smaller claim.

Best of luck!

Phil Winder			Oxford University Computing Lab
<cpw@comlab.ox.ac.uk>		11 Keble Road, Oxford OX1 3QD