Hit and run thank you Asda!

[jadesdaddy]

Re: Hit and run thank you Asda!

I'll do it right away Amethyst. Thank you

[jadesdaddy]

Re: Hit and run thank you Asda!

RE-done and re-tweeted :tinysmile_twink_t2:

[jadesdaddy]

Re: Hit and run thank you Asda!

Hi again guys just to keep you updated I got a letter from Asda's insurance company today, which is dated Monday 14th.

I think it's probably fairly standard (although I have very little experience in this field) They start off saying that Asda has not reported any incidents to them at this stage (which makes me find it a little odd that they contacted me on Monday)

They go on to say that the matter is being investigated (however their phone message of Wednesday said that the van has now been located, which seems strange too considering the collision was on Friday) They go on to inform me that they have sent the relevant forms to my witness, which I expect is standard, however, the very last sentence of the letter seemed very strange (to me anyway)

"If not already done so, we would suggest you to forward documentary evidence in support of your claim, costing of repair estimate, invoices etc of what you are wanting to claim"

This strikes me as being strange as I would have though that it was the insurance companies responsibility to send an assessor to assess the damage to my car, and then make the arrangements for repair.

Beside which I can't drive my car because of the broken drivers side wing mirror, which as I understand is illegal, plus the bumper has had to be strapped to the grill to stop it dragging along the ground, which I would also guess would make the car not fit to be on the road.

[des8]

Re: Hit and run thank you Asda!

The insurance company are acting very correctly now.
It is your vehicle that has been damaged, and your claim is actually against the driver who caused the damage.
You, as injured party, proceed to have your vehicle repaired, and then claim from the other driver.
You however have to mitigate your loss as far as possible.
To ease the problems insurance companies do use their own assessors to check claims, but that is really for their own protection and you do not have to accept their estimate, nor have the repair work carried out in their approved repair shop.
After all, they are working for the guy who caused the damage. Would you accept his estimate of the damage and let his mate down the road repair your vehicle, because that is what you do if you allow his insurers to repair your car.

As you feel you can't move the vehicle, choose your repairer and ask them to come and give a quote, including removal to the place of repair.
Get another quote on same basis from a main dealer for your make of car. This will show your chosen repairer is reasonably priced and you are acting responsibly.


As you can't use your vehicle don't forget you can claim against the third party for all your extra costs eg bus/taxi fares,
car hire etc.
If you don't hire a car you should get a "loss of use" payment calculated on a daily rate from the date of the accident until the vehicle is returned repaired. 5 years ago the rate was about £10 per day, I doubt it has changed.

[jadesdaddy]

Re: Hit and run thank you Asda!

Thanks very much for explaining that to me Des. Your absolutely right I wouldn't let the guy that damaged my car estimate the damage or his mate fix my car!

When the insurance company first contacted me they told me that if liability was accepted by Asda that they (the insurance company) would send someone to assess the damage. I argued the point at the time that whilst the car may be old it is in very good condition and has only just done over 50K. Of course they said their assessor would take mileage into account, a point which I strongly doubted, as it's in their interest to keep the price down.

I haven't hired a car and have walked everywhere that I have needed to go as I'm worried that if I hired a car they wouldn't pay up, same with repairs and in truth I don't have the money to spend.

First thing Tuesday I will get myself to a body shop and arrange a quote. I will also get a quote from a main dealer for the repairs too.

Once again thank you very much and I'll try keep you all posted as the story unfolds.

[jadesdaddy]

Re: Hit and run thank you Asda!

Guys I just had a phone call from Asda's insurers and they are admitting responsibility for the damage to my car. I now just have to wait for an engineer to contact me and come and assess the damage, it will then either be written off or taken away for repair. I want to thank each and every one of you so much for your input into this matter, you have all been very helpful.

I did ask about claiming for loss of use but the insurance company said that I can only claim things like taxi fares or bus fares. I did get a friend to help me botch the car back to being drivable about a week after the collision and have been driving it since, so not sure where I stand with that.

But again guys thank you for your support and I will keep recommending Legal Beagles when ever I hear of someone in need of help

[enaid]

Re: Hit and run thank you Asda!

Thanks for your update and well done on your result. It's always appreciated when the ending is posted as it helps others see wrongs can be put right, once again thanks.
Enaid x

[des8]

Re: Hit and run thank you Asda!

Thanks for keeping us up to date.

Their insurance company is now taking liberties:
1) it is your vehicle and you decide whether or not to have it repaired. You do have to mitigate your loss.
Their assessor gives HIS OPINION about whether or not it is economic to have the vehicle repaired.
With an older vehicle this will depend on where you have the repairs carried out:
a)main dealers are more expensive than independent bodyshops, but not necessarily better
b)the assessor will probably price the work using new parts, whereas second hand parts could be sourced

So what he says is uneconomic to repair (write off) another will say it's cost effective to repair.
If you want to retain the vehicle negotiate a price which allows you to keep it and have it repaired.

Regarding loss of use they are lying.This is included among "General Damages" (legal term for damages which are not mathematically assessed) and compensates as it says for loss of use. I am aware the FOS will not order an Insurance Company to pay Loss of Use to their own insured as they reckon it is an uninsured loss, but where it is caused by a third party that party is liable to pay it.

Asda's Insurance Company is trying to reduce the cost of the claim: they probably think you don't know the rules, or the kid you're dealing with is ignorant.
Refuse to accept what they are telling you and warn them that if they don't meet all your losses you will consider taking further steps against the driver (as he is the one who caused the problem) and copy in Asda.
Here's a couple of websites that support what I'm saying
http://quantumlegal.co.uk/road-traffic-accidents-rta/
http://www.accident-claim-expert.co....ss-of-use.html

Don't let them avoid their responsibilities, you should get paid for the week without a vehicle, especiallyas they dragged their feet in accepting their liability.
PS assume your botched repair complies with construction and use?

[jadesdaddy]

Re: Hit and run thank you Asda!

Hi again Des, yeah the repair has made it legal to use again. Thank you once more for your further advice and the links to the websites.

I do want to keep the car, whilst it may be 13 years old it has only 52k genuine miles on the clock. I do think that they will say it is an uneconomical repair, because as you state they will base their quote on brand new parts. I've already spoken to a body shop who have had a look at the car and also said that the insurance company would probably write it off due to the cost of new parts. They have advised me that if this should happen I should but the car back from the insurance company and they would be happy to fix and paint it for me using second hand parts, which I don't mind.

Once again thank you for the advice and I will keep you posted. You and all the other people that took the time to respond to me have all been a great help.

[des8]

Re: Hit and run thank you Asda!

You have two ways of approaching this problem:
1) If and when the third party insurers say "write off" and offer you an amount(the present value), accept it, but retain the vehicle. The fact they are offering you its value doesn't equate to an offer to buy and there is no need for you to buy the vehicle back. They are indemnifying you for the damage done by their insured. Offering the full value is not an offer to purchase.
2) If and when they offer you its value stand your ground and insist on being put back into the position you were before the accident. This will mean using your own repairer, but whilst the vehicle is off the road they will either have to supply you with a vehicle, or pay the daily compensation rate for loss of use, plus the cost of repairs.

The first option is probably the better for you.

Don't worry about the age of the car, mine are 63 and 43 respectively!!

peeps on here know I was an insurance broker of the old school for years (I worked for my clients, not the insurers) and it really gets up my nose when I see insurers and brokers overlooking the insured and concentrating on the bottom line of their accounts. Sorry ... rant over

[jadesdaddy]

Re: Hit and run thank you Asda!

Hello again guys

I'm here with a final update and to say a final thank you to all of you that have given me tremendous support through all of this. But first a small apology for not updating you all sooner, but Monday of this week I had to rush my friend to hospital for a double lung transplant operation, he is currently recovering in intensive care, and to be quite honest that is where my mind has been.

OK so it's all just about over now. Asda admitted liability for my car and it was subsequently taken away for repairs, and I was given a very nice courtesy car (thank you very much) The engineers report came back as expected, my car was an economic write off. I was contacted by Asda's insurance and offered a sum of money as a settlement. I was actually very very surprised at the amount of money that I was offered, as it was actually more than I paid for my car 18 months ago!

Of course for just over £100 extra (in my favour) they offered to scrap my car for me. I declined this offer as I knew the car was worth more for scrap than they were offering me. I scrapped the car for £140 and there is about the same amount of money to come back from the tax disc, oh plus I got my after market blue tooth radio back.

All in all I'm quite pleased with how things have gone. I managed to find a replacement care yesterday, the money from the scrapping of my old car and the pay out from Asda meant that I had enough money to pay for it and I have not been out of pocket in any way.

So thank you all for your time and your very kind support. I do feel that Des deserves a special mention and a very special thank you for his expert knowledge in these things.

Thank you all very much. Keep up the good work guys, I'm sure so very many people are so glad you are here and willing to give your time and advice. From those you have helped and from me THANK YOU!

[Celestine]

Re: Hit and run thank you Asda!

Excellent news all round!! :beagle: