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Insurance question

TheIronDuke

ADC
Book Reviewer
#1
This should probably go in the Law forum but 'law' is one of my trigger words, so it is down to you lot.

A few weeks ago I was accosted by some hunt follower Muppet giving it "I am so sorry, so sorry" and being close to tears. Once I pointed out that if he snotted on my ratcatcher I would ******* spark him, he calmed down.

Turns out he had parked his 50 year old classic car on a bank and engaged the handbrake. Which sprung loose launching his car into my wall, which it demolished. Nobody got hurt.

No problem. He is gushing in his admission of guilt and keeps saying how sorry he is. We both take pictures and I decline his offer to come up to my house and discuss the matter further.

His insurance company sent an assessor to look at his car. The assessor said it was badly maintained. Lateral movement on the handbrake lever and general crap maintenance. So he can **** off if they are paying him out.

How does this affect me getting paid to repair my wall?

Cheers for any advice.
 
#2
Send him and his insurers the bill. I think they'll pay you for your wall but may not buy him a new old car.
If you don't get paid, do a county court summons against him; I'm sure you know the drill. Whether he pays or his insurers pay isn't a concern for you.
 

TheIronDuke

ADC
Book Reviewer
#4
Send him and his insurers the bill. I think they'll pay you for your wall but may not buy him a new old car.
I agree. I think he has had it if they can prove his car was poorly maintained. And since his handbrake sprung off, my money is on the insurance assessor.

But if his car was poorly maintained that is not the fault of the third party? Which is me.
 
#5
It shouldn't affect you. And if it does, sue him in person. He would then probably bring the insurer in as a 3rd party defendant for failure to indemnify. Either way you will get some cash.

If he has enough £££ to be playing with classic cars he has enough to fix your wall.

You are the innocent 3rd party. Who pays you should be a bun fight between him and the insurer. Go after both of them and let them sort it out.
 
#6
You just go after him, he broke the wall, he's liable.
If his insurers pay for him, that'll be nice. If they don't he can sell his wrecked car or his house.
The insurers may pay you and recover the money from him. I think they still have to pay 3rd party claims.

Don't forget the whiplash injuries for your prize racing pigeons who were roosting on the wall at the time.
 
#8
Sounds like a dodgy insurance company anyway. They usually go with the mot test as to handbrake effectiveness. Unless he said he had just adjusted it or "it's always doing that" to the assessor.
 
#9
It doesn't concern you as to why the accident happened.

The Insurer is the 1st Party. The owner of the vehicle is the second Party. You (your wall) is the 3rd Party.

Having 3rd Party Insurance is the minimum cover required for a motor vehicle, so if the daft twat does actually have Insurance on his heap of shit mode of transport, you claim for the repairs from the Insurance Company through the details that the hapless ****** should have provided you with.

No drama. Non story.
 
#10
Agree with above. Have wall repaired, send him and his Insurance Company the bill and stand back. If they don't stump up (Though I can't see why not) pursue him / them through the County Court.
 
#11
You send the car owner the bill (it is up to them to bring in their insurer or not(you could mention the words 'police' and 'no insurance' as an incentive)).

If the car owner does not pay then you threaten proceedings (small claims court).

Alternatively you could try and claim direct from the insurers, politely. They may just pay up. If they don't you would need a solicitors advice on proceeding against them.
 
#12
You send the car owner the bill (it is up to them to bring in their insurer or not(you could mention the words 'police' and 'no insurance' as an incentive)).

If the car owner does not pay then you threaten proceedings (small claims court).

Alternatively you could try and claim direct from the insurers, politely. They may just pay up. If they don't you would need a solicitors advice on proceeding against them.
My bold bits. Quite wrong I'm afraid.

If you are involved in any type of accident, it will be a requirement of your Policy cover that you inform your Insurers. The fact that people don't, in many cases, does not make it correct.
 
#13
Daft **** should have claimed he saw a bunch of crusty hunt sabs smash his side window with a rock then release the hand- brake....... sorted.



Anyways, I thought your country estate in Northumberland was surrounded by a 2ft thick stone wall...... how could a Morris Ital have knocked that down?
 
T

Tinman74

Guest
#14
My bold bits. Quite wrong I'm afraid.

If you are involved in any type of accident, it will be a requirement of your Policy cover that you inform your Insurers. The fact that people don't, in many cases, does not make it correct.
Exactly, as it will invalidate any future claim if not reported.

I recently contested a collision as I was reversing out of a space, long wheel sprinter blocking view.

Reversed slowly out of space and bang. Hit a car traveling up on the wrong side of the road. I got out and was confronted by a older couple, I am 38 these were late 50's. she was particularly aggressive and loud.

I simply took my phone out and started taking pictures of the imidiate scene, the women was shouting loudly for whitnesses. At that point I rang the police.

Happy days!


Posted from the ARRSE Mobile app (iOS or Android)
 
#15
This should probably go in the Law forum but 'law' is one of my trigger words, so it is down to you lot.

A few weeks ago I was accosted by some hunt follower Muppet giving it "I am so sorry, so sorry" and being close to tears. Once I pointed out that if he snotted on my ratcatcher I would ******* spark him, he calmed down.

Turns out he had parked his 50 year old classic car on a bank and engaged the handbrake. Which sprung loose launching his car into my wall, which it demolished. Nobody got hurt.

No problem. He is gushing in his admission of guilt and keeps saying how sorry he is. We both take pictures and I decline his offer to come up to my house and discuss the matter further.

His insurance company sent an assessor to look at his car. The assessor said it was badly maintained. Lateral movement on the handbrake lever and general crap maintenance. So he can **** off if they are paying him out.

How does this affect me getting paid to repair my wall?

Cheers for any advice.
How badly was the wall injured ? Can you put a price on Wall PTSD ? Hmm i thought not..I'd get one of those "has your wall been involved in an accident that wasn't its fault" law firms and bleed the frigger dry
 
J

Joshua Slocum

Guest
#16
as from last Novermber pre 1960 classic cars are MOT exempt
bloody silly idea if you ask me
but they must be roadworthy
if its not the driver is personally liable
but his insurers should pay up no trouble
after all it could have been a person injured and thats big money
I won a classic car but always leave it in gear
mind my car is kept in tip top condition as its cost me too much money to cut corners
 

TheIronDuke

ADC
Book Reviewer
#17
It doesn't concern you as to why the accident happened.

The Insurer is the 1st Party. The owner of the vehicle is the second Party. You (your wall) is the 3rd Party.

Having 3rd Party Insurance is the minimum cover required for a motor vehicle, so if the daft twat does actually have Insurance on his heap of shit mode of transport, you claim for the repairs from the Insurance Company through the details that the hapless ****** should have provided you with.

No drama. Non story.
Cheers. That makes sense. I wish to avoid the small claims Court because it is a time wasting nightmare.

In a foolish move I gave the **** my email addy. So he is copying me in to his discussions with his insurance firm. His latest ploy is, his dog may have jumped over the seat and knocked the handbrake off. His insurers must be wetting themselves.
 
J

Joshua Slocum

Guest
#18
hes telling porkies or his dog is very clever
what make of classic car and model was it ?
many had the handbrake on the right of the driver down by the sill, you needed to pull up hard before releasing the catch
not possible for a dog
some had the normal button but again pull up then push, no chance for muttley
some had a hockey stick ( rover 90) that you pull out of the dash and twish, again a dog cant release that
generally classic car hadnbrakes are not as efficient as modern ones, and some act on the front wheels
more likely badly adjusted drums or leaking wheel cylinders
 
#19
My bold bits. Quite wrong I'm afraid.

If you are involved in any type of accident, it will be a requirement of your Policy cover that you inform your Insurers. The fact that people don't, in many cases, does not make it correct.
If the car owner does not inform the insurers then there is a breach of contract (as per policy). They can decline to cover the incident (as there was no personal injury).

Secondly (and I have done this) the insured can notify / indemnify the insurers NOT to pay a claim from this incident.

From a claim I won (therefore direct experience) I sued the person who in due course brought in their insurer.

I am sorry but I stand by my statements. I would hope that the car owner will simply pay for the wall if sent the bill.
 
#20
If the car owner does not inform the insurers then there is a breach of contract (as per policy). They can decline to cover the incident (as there was no personal injury).

Secondly (and I have done this) the insured can notify / indemnify the insurers NOT to pay a claim from this incident.

From a claim I won (therefore direct experience) I sued the person who in due course brought in their insurer.

I am sorry but I stand by my statements. I would hope that the car owner will simply pay for the wall if sent the bill.
Breach of contract is correct. Failing to notify your Insurer about an accident (regardless of type, size, complication or whether you wish to claim or not) may invalidate your Policy, *not* just the recent 'incident'.

Insurance underwriters base your premium on many factors, and a small element of trust is one of them. If you are caught out, expect a significant rise in your payment for cover in the next round of renewals if you lie/misinform/stretch the truth.

Why, as you say you have, would you pursue a claim through the courts, at your own expense, with no guarantee of winning, without involving your Insurers? That's what Insurance is for. That's part of the point of having it.

I am not basing my answers on a one off incident. I am speaking with knowledge based on many years of experience working directly with motor claims.

I'd prefer to deal with the Insurers if some gadge allowed his motor vehicle to damage my property. And that's my right. I do not have to accept some dodgy off the cuff payment. It smacks of an individual having no insurance.

Building repairs (including boundry walls) are not cheap. (Well they're not if my brother is quoting...) ;-)
 

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