Am I being treated unfairly?

[yourcodenameisnick]

Hi, I think I'm being given the round around following a non-fault accident, and I'm losing out because of it (both money and sleep!)

I'll try and keep it brief:
1. Had an accident 2 weeks ago on Saturday 14/6, I got rear ended. Third party admitted fault and gave me his insurance details - no problem.

2. I rang my insurers the same day (company A), who put the claim through to another claims company (company B), who put the hire car and other processes through to another company (company C).

3. Company C arranged car hire, the car was delivered as promised on the following Monday 16/6 at the time we agreed.

4. Company C arranged for my Clio to be taken to a repair company for inspection - they came Tuesday 17/6 and drove the car away for inspection.

5. Company C rang me on Wednesday 18/6, said the car will cost too much to repair, so it is being written off. They told me how much I will get for it, which I am going to dispute as it can no way allow me to buy back a Clio of same age/condition/mileage/colour.
Am also told that the third party's insurers will pay me an interim amount to release the hire car off me, which I was told would be taken off me 24 hours after the payment was made. But I am returned my Clio as apparently I cannot dispute the settlement without taking the car back.

6. Sunday night 22/6 I email my dispute to Company B, who said they will dispute it with company C (company B are MUCH easier to speak to on the phone than company C regarding manners and capability of explaining things by the way).

7. Monday (2 days ago) I receive a call from Company C saying the third party insurers have made the payment (by CHAPs - same day payment), and they need to take the car off me. I am told the money should be in my bank account by that evening.
I ask how I am supposed to get around (I have to drive everywhere because I have no other mode of transport and need to get to work and other places). They say there is nothing they can do. I reluctantly agree to Tuesday 24/6 @ 6pm to have the hire car picked up.

8. Tuesday 24/6 morning and no money is in my account, I ring Company C and after um'ing and ah'ing they say it will be there by 4pm. I wait until after 4pm and surprisingly the money is still not in my bank account. Again I call them and it will clear at midnight (I work in finance, I know how payments work and bank clearing times - it appears they simply have not made the payment). Meanwhile I go out my way to make sure I'm home for 6pm (as that is the latest they can pick up the hire car), and nobody comes to pick it up. I call them and arrange for Wednesday 25/6.

9. This morning 25/6, again the payment is not in my bank account. I've taken the day off work to try and sort a car out but the hire car is due to be picked up and they won't say what time.

My issues:
-Mainly, I don't have the payment in my bank account and after many promises it doesn't appear that I will get one any time soon.

-The amount of money I am due to be paid is under dispute because it will not buy a Clio of same age/condition/mileage/colour. I have provided lots of adverts of Clio's that are very similar to mine - hopefully they will match the prices.

-I'm going to be carless after today (well, I have my Clio, but I am not insured on it until I get the car MOTed).

-My Clio has a private place and I'm going to be out of pocket as I am going to have to put the plate on retention (£108 I think), do you think I can claim this back?

-On a minor note, that the accident repair garage drove my car to their centre to be inspected, so they have put around 100 miles on it, and used up 100 miles of petrol.


Am I expecting too much of Company C on the above? After the accident I don't want to make a profit out of it, but I definitely don't want to make a loss!
I feel totally helpless, and if refuse to give the hire car back I'm threatened with taking the hire charges.
Also I've just bought a house, so I have no cash at all to sort myself out between now and whenever the claim finishes.

 

[Ex-User (19928)]

How much did they offer and what car were you in? Presuming a 182 cup?

 

[yourcodenameisnick]

I don't want to say how much I was offered at the moment (I'm probably not helping myself), as the claim is still pending. Yes it's an inferno 182 cup.

I was given an Audi A3 1.6tdi, which is fine for my needs.

 

[Diagro]

Did they offer a value far below what a replacement 182 cup would be?
Why wont they repair it? whats the repair bill?

 

[Gally]

Why have you given the car back? You'll give the car back when you have a cheque or money! End of.

You're own insurance has simply used their 3rd party company and are making money out the claim off the 3rd party. You've rolled over.

Is the Audi now back with the hire company?

 

[yourcodenameisnick]

Repair bill is understandably large, I expected them to write it off. Yes they offered a value far below a replace 182 cup in the same condition/age/mileage/colour. I understand it is normal for write-off offers to be low at first though, so I will await their response to my dispute.

I suppose I am more bothered about not having a car to use, and no interim payment being paid to me as promised.

 

[yourcodenameisnick]

Why have you given the car back? You'll give the car back when you have a cheque or money! End of.

You're own insurance has simply used their 3rd party company and are making money out the claim off the 3rd party. You've rolled over.

Is the Audi now back with the hire company?

I thought that was the case, my knowledge on my rights is non-existent, which is one of the reasons I've started this thread.

-----

I've just checked my bank, and the money is finally there. That's one issue off my mind!

 

[Gally]

Why? It's not the amount you want! I'm confused!!!!

 

[Diagro]

If i was you i would return the money and state you want what it will cost you to buy a replacement. It isnt your fault the prat they insured drove into you

 

[_Tom]

So they have the hire car back, your car and paid you the initial sum? If so, you can bet in their eyes the case is closed. Good luck getting more money.

 

[Ex-User (19928)]

If I'm reading it right and they're just running you round in circles then complain in writing. Include adverts for similar condition/colour/age milage that are realistic (lying or exaggerating at this point won't help)

Explain you're going to be out of pocket replacing your car like for like (also explain it's distressed you as you knew your car, a new one based on an advert comes with all the stress of buying a car).

Insurance companies are regulated by the FCA and the complaints team will be fair with you.

 

[Ethan1996]

I know if I ever crash (touch wood I don't) first thing id do is take details, get home and straight onto CS!

 

[Sargara]

Others have already covered it all but the only thing I would add is that If you were rear ended by the other party and they admitted liability then dont contact your insurance until its settled. You should have phoned and claimed direct from their insurance company and dealt with them directly yourself. You get the best service possible and they will be very accomodating as its in their best interest for you to not go through a 3rd party accident management company (as it costs them more). Then when it was settled inform your insurance company.

 

[GrahamS]

In quick terms. No. This is standard procedure for insurance companies. They have made an effort to settle the claim and put you in a position to buy another car. It's your perogative if you want to dispute the offer. As you've gone through a credit hire firm it's highly unlikely they have given an insulting offer. Both insurance companies have to review the outlay before settling up so they will not offer more than they can reasonably recover

 

[Dan@Greenlight]

Hopefully the issue is not with us before I go into this.

First problem is obviously the money that you have received, to check, they have sent you a lump some to pay you out for a car that in your personal opinion is worth more, I would assume that you would of had to accept an offer before they just transfer the money to you?

Your best bet is to send the money back and state that you are not happy to accept it. You will also need to gather evidence to back your point up, usually 5-10 autotrader/classified club ads or similar is good enough, worth including SCANS of receipts as well.

I personally would never accept first offer, you could also post a thread up asking for general help in giving you a price for you car in the help section, so post pictures and ask members of the forum to value it for you and send it on.

Also, why are the third party insurer not dealing with it for you as you said you phoned your insurer? I gather that company c will be some sort of legal cover company?

If they are happy to leave you carless, when this is your only means of travel and just transfer money to you in the hope that this will 'do' then you will need to escalate it further, maybe to a manager or in a formal email/letter.

You do have the FCA to go to as well if you are not happy with their response after you have officially filed a written complain.

In answer to your thread title question, in my eyes, yes you are being treated unfairly. Don't just roll over on that.

If you need any sort of help then feel free to drop me a pm.

Dan

 

[yourcodenameisnick]

Why? It's not the amount you want! I'm confused!!!!

I was concerned I want getting the money at all. These kind of companies are awful.
Again the hire car still hasn't been collected as promised - the third day in a row. I really can't be bothered with them.


And thanks to Dan. Nice to get good advice from an expert.

 

[Pep]

Simple, don't return the car until you're happy with a payout value.

 

[yourcodenameisnick]

Simple, don't return the car until you're happy with a payout value.

I like this response. But can I actually do this? I suppose not, but then I suppose they shouldn't be treating me like this.

 

[Pep]

I like this response. But can I actually do this? I suppose not, but then I suppose they shouldn't be treating me like this.

In my opinion (drunk) they are giving you the runaround money wise, and not collected the car on time, so make sure you're not available until you have enough money.

I got hit 8 years ago, and I had my courtesy car for an agreed 2 weeks after write off to source another car (although mine was second opinion repaired). They cannot expect you to buy a new car the same day as payout, especially considering this is claiming from the driver at fault, i.e not you.

I may be wrong but this is my opinion and experience.

 

[yourcodenameisnick]

Well a slight update - the Clio is now back on the road.

I had it MOTed and it passed no advisories.. Again! I only needed to get a clamp fitted to the exhaust.

I still have the hire car though, and they've said they'd pick it up three times now but no one has turned up. I'll let them chase it now.

 

[Snake182]

Well a slight update - the Clio is now back on the road.

I had it MOTed and it passed no advisories.. Again! I only needed to get a clamp fitted to the exhaust.

I still have the hire car though, and they've said they'd pick it up three times now but no one has turned up. I'll let them chase it now.

Be careful!! I had this same issue with Hertz hire cars. When my old Clio was written off they supplied me with a hire car.
I used it for 1 week and bought a new car, so I called them up and arranged collection.

After several phone calls and 1 month later they picked it up, the third party's insurance didn't want to pay for the hire car
(regardless of them being at fault and me being paid out) and hertz were chasing me for £2600 for 4 months lol.

They threatened me with court action but after many phone calls it was dropped and they made the third-party insurance pay out. Absolute morons they are ha-ha.

 

[JustinS]

It's down too the local branch now to arrange collection at a convenient time for yourself, they have an agreed time window to adhere too!

What supplier was it? Thrifty Avis or europcar?

glad too hear you are back on the road

 

[welshname]

Some people clearly don't know what the deal with with payouts and hire cars.

The company paying for the damange, in this case the person's insurance company that hit you, only have to give you a car until the FIRST payment has been made to you. This doesn't have to be the settlement figure by any stretch but once they have evaluated it and decided on a payout they can transfer you that money whenever they want.

At this point the hire car has to go back as they have paid you what they think the car is worth. Now you're well within your rights to dispute this amount and prove that the car is worth more. Note that the company will not take into account servicing etc so things like your belts, and I'm pretty sure they don't include premiums for certain colours. Your best bet it to provide multiple examples of cars with the same mileage and age as your car of the value you think yours is worth. They usually only accept these from places like AutoTrader and eBay rather than the classifieds on here.

In some cases if you ring the garage that has your car they may be able to give you one of their courtesy cars until you get your car back off them but that entirely depends on the garage, but if the car has been declared written off you're less likely to get that.

Hope that helps.

 

[yourcodenameisnick]

Some people clearly don't know what the deal with with payouts and hire cars.

The company paying for the damange, in this case the person's insurance company that hit you, only have to give you a car until the FIRST payment has been made to you. This doesn't have to be the settlement figure by any stretch but once they have evaluated it and decided on a payout they can transfer you that money whenever they want.

At this point the hire car has to go back as they have paid you what they think the car is worth. Now you're well within your rights to dispute this amount and prove that the car is worth more. Note that the company will not take into account servicing etc so things like your belts, and I'm pretty sure they don't include premiums for certain colours. Your best bet it to provide multiple examples of cars with the same mileage and age as your car of the value you think yours is worth. They usually only accept these from places like AutoTrader and eBay rather than the classifieds on here.

In some cases if you ring the garage that has your car they may be able to give you one of their courtesy cars until you get your car back off them but that entirely depends on the garage, but if the car has been declared written off you're less likely to get that.

Hope that helps.

Thank you - you're right that people don't know about payouts and such after a claim. It appears that it's just good customer service to allow the crashee to have the car a little longer. I thought "company B" had collected money (for their "services") off the third party so just wanted to get rid of me. They were still useless to talk to lol.


That's interesting Snake. I think I'm starting to get somewhere now. Hopefully won't have it much longer, the Clio is so much better to drive!

 

[yourcodenameisnick]

Ok, so the things have progressed so for those interested I'll post all the details. It's a bit late though, and I'm knackered so apologies for anything that doesn't make sense.

I'm insured through Adrian Flux, who outsource their claims to a company called ULR. Unfortunately they passed me through to an accident management company called AI Claims, who just wanted to get as much money out of the third party insurers as possible, and once they have received this money they would close the claim and leave me with whatever the third party insurers offered me regardless of it being fair (in reference to my first post, company A = Adrian Flux, company B = ULR, company C = AI Claims.)

I was offered just under £2500 for the Clio, which doesn't sound bad, but I could have sold it privately for more (try finding a 75k miles Inferno for sale for less than £3k!), so I was expecting an extra few hundred pounds to make it reasonable, because I shouldn't have to lose out if I was in a non-fault accident. I took the offer of £2k plus the car back as I needed a car to get to work in, then had the car fixed to a point where the damage was unnoticeable. Fortunately I sold the car as a cat D for £1500 so if anything I've probably made a bit of money (and probably could have sold it for more!) so maybe I lucked out, but it still doesn't mean I should get treated like crap!

The hire car was finally collected from me after 8 or so phone calls, I rang them and they thought the car had been collected already! But they really messed up there.

I've sent a complaint to the accident management company (AI Claims), because of their carelessness and stress it caused - not that they'll care.

Things I've learnt, and will remember for next time (hopefully there won't be a next time!)

1. Adrian Flux are cheap for a reason, avoid them at all costs. If anyone has to make a claim through them, then they're going to have trouble.
2. If it's an obvious non fault claim then contact the other person's insurers because they're more likely to look after you. This is because they won't have pay the absurd rates the accident management company will charge them.
3. Do as much as possible not to deal with Accident management companies, they just want to exploit your misfortune.

It's difficult to remember the amount of stress I was under because of the claim, but I've bought a new car now so I can move on and forget about it.