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So... to cut the long story short I have a lot going on at the minute in my personal life, with a new job, new houses (with loads of hidden problems, probably will open a separate thread for this), getting married in a couple of months and my partner was laid off on Xmas eve.  

 

With everything I have going on, a couple of days before Xmas 2017 a women hit into my parked car in a supermarket in late in the evening (Very Poor lighting). Lucky I was just walking back with my shopping when it happened or I think she would have drove off. 

 

At first glance the damaged didn't look too bad, but then with a bit more light I could see the damage. The women said she would prefer not to go through insurance, and would like to use a bodyshop she knows. I agreed but I said I would prefer to use my own bodyshop. I also told her not to worry about it over the Xmas period and I would be in touch after the New Year, as I felt sorry for her and still wanted her to enjoy Xmas and the New Year.

 

I noticed my parking sensors stopped working too, as she damaged my N/S/R bumper. So on the first weekend in the New Year I got a quote for the work required, the garage told me to get a parking sensor and N/S/R bumper trim and they would take care of the rest. All in All it would cost £168.50 for Labour and Paint  and BMW parts £135.35 = £303.85

 

I send her the quote for the work today and shes asked if I could go to Bodyshop that she knows. I refused, as I don't have the time to get another quote and I also don't want to use someone she knows. She has now said that she will be going through her insurance. I feel like a right Muppet, I was nice to her and she has just took advantage of kindness. 

 

My question is how does this effect me in the long term, will my yearly premiums now go up to because of this? Even though I am at no fault. 

 

My car also needs to go to the garage as people that changed my N/S/R wheel bearing seem to have done half job, as they told me they would also replace N/S/R brake caliper but they haven't. So I might not even have my car for the next few days. 

 

 

 

 

Edited by Mr_530i

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I doubt her insurance will pay out! 

As a public car park (or area for that matter) you are not insured in and it is classed as criminal damage, so you might need to get the police involved and in effect sue her for the damages! 

However IF she has said to her insurance company that she did it and admits liability then her insurance should pay out....

but you know as well as everyone else that has insurance the first line of any insurance booklet is NEVER ADMIT FAULT....

 

this could be another PITA that you obviously don't need at the moment.

 

oh yes your premium will increase but only by a couple of quid more than it would anyway

 

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Thanks Yokozuna, working Monday-Friday 9-5 and working on the new house in the weekends, I just can't seem to find the time to get quotes. 

 

There is nothing I can do now, as she has said that she will be going through her insurance, looking at her car I don't think it will be the first time either, no wonder she knows a bodyshop guy closer to home. 

 

Thanks for  the to  the point answers too. 

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If that's the case (with the insurance) then phone your insurance company and inform them! They "should" get the ball rolling also ask for a hire car, equivalent or better than your motor ;) 

but word of warning in doing that, is your insurance will put the claim against you until it's settled by the other insurance company and that leads me back to the public space thing....

Edited by Yokozuna

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Im not surprised by her reaction, why would she accept a single quote from someone she doesnt know for what seemed like, as you said, light damage at the time. She has no way of knowing if you were pulling a fast one.

Im presuming she thought she was doing you a favour too by not going through your and her insurance and is probably pissed off that you changed your mind having agreed to get a quote at the bodyshop she trusts. 

 

You'll both end up with a claim on your insurance record as a result and most likely have to take yours to a different bodyshop for the repair. :huh:

 

Edited by SuperDave

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Sorry for your tale of woe. I've just spent most of last year working on my house whilst working full time, so knowhow you feel mate.

 

She is probably right to go through her insurance company as she is protecting herself. From the quote you have had, it's relatively small so should be easy enough to sort out.

 

As above, report it to your insurance company. They can initiate the claim for you. Be honest and say why you aren't contacting them till now incase they ask.

 

But to answer your question, yes your premium will go up but not by much. Both me and my wife made a full no fault claim each in the space of 12 months and our premiums went up slightly even though we both had protected no claims. Yes it's crap but that's life.

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5 minutes ago, duncan-uk said:

Sorry Jay are you saying an accident in a car park is not covered by insurance?

 

That sounds like crap to me!

 

+1

 

i think the only way you would not be covered is if you were attending a cruise, drag race or something like that. 

 

I once got got hit at a supermarket by the daughter of the insured and the 3rd partly still payed out. 

 

As someone mentioned your insurance will most likely go up. This would probably not have been the case 10-15 years ago. 

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1 hour ago, SuperDave said:

Im not surprised by her reaction, why would she accept a single quote from someone she doesnt know for what seemed like, as you said, light damage at the time. She has no way of knowing if you were pulling a fast one.

Im presuming she thought she was doing you a favour too by not going through your and her insurance and is probably pissed off that you changed your mind having agreed to get a quote at the bodyshop she trusts. 

 

You'll both end up with a claim on your insurance record as a result and most likely have to take yours to a different bodyshop for the repair. :huh:

 

 

Hi 

 

I need to correct one point. I had never agreed to get a quote at her trusted Bodyshop. How do I know her trusted Bodyshop won't make my car worse??

 

also why should I have to give up my unpaid time driving around three different Bodyshop spending my fuel in a 3 litre car to go somewhere I dont want to spend money going and where do I get a car from when mine is in the Bodyshop? 

 

Its easier said then done. 

 

 

Edited by Mr_530i

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Ok it's a grey area and if your insurance is any good they won't pay out or at least make it as hard as possible to get a pay out, technically your not insured as it's private land however your insurance must provide cover for you and your car on private land, that said they "normally" require absolute proof and admission of said accident before they will even consider a pay out of any form! 

I know this as 1- the wife used to work for an insurance none fault claims company and had this on numerous occasions and the none fault insurance would normally cop the bill....

and 2- the wife was hit whilst sat in her mums car in a car park of a spa and when she phoned up the third party's insurance company they stated that until their driver admitted fault then they won't even think about a claim, the driver had admitted full liability to my wife and mother in law and it took him over 3 days to admit it to his insurance she needed to start the claim on her insurance then until the driver had admitted liability it was down as a fault claim....

 

insurance co are fuckers! and in carparks is even worse to have a none fault claim than on a roundabout....

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25 minutes ago, Yokozuna said:

It's private property and thus not actually covered by insurance.....

 

 

 

I think that rule only applies to private land with restricted access such as race tracks. 

 

Most supermarkets, work, shopping centre etc car park fall under the the road traffic act as they have unrestricted access so are covered by insurance.

 

I’m pretty sure law changed in early 90s to clear this up. This is my understanding having work for a law firm as a summer job whilst at uni. 

 

It would ludicrous to think that millions of people are going to work or shopping with invalid insurance as soon as they entered the car park.

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Hi,

 

Mr 530i, Unfortunately, there's another sting in the tail for you (and the other lady/party). In your T&C's for your insurance, you are obliged to report ALL incidents within a reasonable amount of time to the insurance company, even if you don't actually make a claim. Check with your insurance company about what they deem a 'reasonable' timeframe is to have reported an incident, citing a busy time during your life won't work either, so you'll be at the whim of whatever your insurance company wants to do. I'm under the impression that a reasonable timeframe is upto around 24 hrs after an incident.  

 

https://www.which.co.uk/consumer-rights/advice/ive-been-in-a-car-accident-do-i-have-to-claim-on-my-insurance

 

Fingers crossed they don't come down too harshly on you. 

 

I think the private land aspect above might technically be true, however given there's so many car parks for supermarkets and shopping centres etc, that at least in practice, private car insurance policies will be valid on such premises. 

 

Cheers, Dennis!

 

 

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1 hour ago, Mr_530i said:

I need to correct one point. I had never agreed to get a quote at her trusted Bodyshop. How do I know her trusted Bodyshop won't make my car worse??

 

also why should I have to give up my unpaid time driving around three different Bodyshop spending my fuel in a 3 litre car to go somewhere I dont want to spend money going and where do I get a car from when mine is in the Bodyshop? 

 

Its easier said then done. 

 

 

You dont have to, of course, but dont be suprised at her reaction when told its going to cost £300 for what she and you thought was minor damage.

You're only looking at one other bodyshop (hers) and you must have thought about the need for a car while getting quotes. Usually you arrange a replacement car with the bodyshop in that scenario. 

Either way sounds like you'll be off to her or your insurers choice of bodyshop soon enough unless you cough up the extra they want for using your own choice. Good luck with it. 

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Lucky you saw it and got her details. My Mrs parked up in town and came back with a dented wing, scuffed light and bumper. The latter painted not a month before. No note and no way of knowing who did it. I'm still fuming. 

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Update for everyone. I have told the insurance and they have put it down as a no fault claim. My  premiums will rise but what can I do. 

 

They will arrange for the repair to be done by an approved Bodyshop who will use all genuine parts and also provide me with a like for like hire car. I will be keeping my no claims bounses too. 

 

It didn't need to get like this, but she left me with no choice. 

 

This has just got a hell of lot more expensive for her now, as I am sure she will have a minimum of £250 excess to pay, lose her no claims and her premium will go up. 

 

I've also had the insurance leeches telling me to claim for loss of earning and damage to belongings , but I've said no. 

 

@SuperDave I did think about the need for another car, this why I wanted the cash pay out as I would have got the car repaired at a later date, when I am on annual leave. The Bodyshop she recommended is a back street shop without an oven and one that's more like a garage. Would not trust leaving my car with them and deffo not somewhere that has the ability to provide you with a replacement car. 

Edited by Mr_530i

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Furthermore I also don't think £168.50 for a paint and repair of a bumper is too bad of a price. As anyless might not even be worth it for the Bodyshop to give up their time. 

 

Its the BMW parts that are too expensive IMO

Edited by Mr_530i

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My understanding with regards to a private road. It needs to be obvious/clear that the land is private or with a sign that says something like:  'Trespassers will be prosecuted'

 

The rest (apart from your own driveway up to the pavement) and as long as it is for public access e.g car park to go into a supermarket.  Is considered to be a public highway and as such the Road Traffic Act does apply and third party insurance cover is needed.  A pub car park can be private during closing hours but a sign needs to be visible making that clear

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So who wants the latest? Anyone? ...... I'll tell you anyway....

 

So reported it to my insurance, they then tried to palm me off to Auxillis credit hire company, because if go through them I won't have to pay any excess or lose my NCD. Which if I went through my insurance, I would have to until they could recover the cost from the 3rd Party. 

 

So I said okay, as at this stage I am still a little naive as I have never made an Insurance claim, but still a bit cautious of how this all works. 

 

Auxillis, advised me because its a no fault claim, they will back me all the way and make sure my car gets repaired to a hire standard and get me a like for like car. They said the only down side is if the 3 party disputed the claim and they can't recover the costs, I might have to appear with them in court, to provide evidence, which they said is really unlikely, and they have a separate insurance policy in place to pay for the repairs, should the 3rd party win the case. 

 

So I asked them, whats in  it for you and how do you get paid? they said they are a car hire company, so they make money by hiring me a car while mine is being repaired. 

 

Skip to signing the contracts...... So this doesn't necessarily contradict what they said, but goes into more detail about the points they missed out or skimmed over: 

 

  • I would be in contract with the repair company, thus me owing them the money - Auxillis would credit the repair and then look to recover it from the 3rd party within 49 weeks, after this period my payment would be deferred "Not" Void.
  • The credit back insurance policies has many exemption - such as some sort of limit to £5,000
  • I allow Auxillis to take commission from the repair company
  • I am not allowed to know how much the repair company are charging, I give full control to Auxillis, this means they could be charging by the second, minute, hour, who knows!

All of this just put me off, I thought if something is to good to be true than it properly is. I was then thinking of just going through my insurance company, as after all what am I paying them for. Then I came across these two links: 

 

https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1516744

https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=1398061&nmt=Car+hit+while+parked&mid=379038

 

One of those links advised to sack of Auxillis and my insurance company and go straight through to the 3rd Parties insurance, which my insurance advised me not to do. 

 

I ignored them and spoke to the 3rd party insurance and they were more than happy to help me. By going through the 3rd party I keep my NCD and don't have to pay any excess

 

3rd party insurance gave me three options: 

 

1. They send out a loss adjuster, who asses the damage and provide me with a quote of a cash lump sump

2. Go to a repairer of my choice, send them a quote and they will pay the bodyshop directly

3. They will outsource the repair to Auxillis but the contract won't be in my name. 

 

The loss adjuster came out today, and initially said it would cost £400 for a repair, he said I don't need the complete bumper spraying (I thought are you mad!), I then told him the parking sensor have stopped working too, he than offered me £500 (not sure where he is pulling his pricing from), he then said are you happy to accept the cash settlement, I said No! 

 

I also said to him If I went to BMW or any reputable bodyshop it might cost a lot more, especially if I need a hire car. He then bumped it up to £600.  I wasn't expecting a bartering exercise in the work carpark.

 

Which to me says he is acting more for the insurance company, instead of getting me a fair price for a quality repair. He said it should just be half days work for a bumper re-spray. 

 

Does he forgot, that the bumper and trim need removing, than paint stripping, then re-painting, then clear lacquer coat applying, followed by polish, buff and wax. 

 

I felt like I was saving them money, buy avoiding Auxillis, and they would appreciate this. But now I am not so sure. So tomorrow I will be going to BMW to see how much it costs for a repair, before I accept £600. 

 

Basically what I have learnt so far, is the insurance companies are never there to help you, but just to fill their own pockets. 

 

My initial quote of £303.83 seems really cheap now :D. She should have expected it and not got insurance involved.  

Edited by Mr_530i

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I expect she's told them what you said it would cost you to have it repaired by your bodyshop, hence the low starting figure. 

Yes its a big bartering exercise, costs could easily be triple or more for them if you went through the third party accident management company so its in their interests to reach a reasonably economical agreement with you direct assuming she's admitted to them its her fault.

Did they say she had admitted fault ? 

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