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Topic: Sue them first, them ask the questions after. (Read 1041 times) |
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johnv
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Sue them first, them ask the questions after.
« on: Jan 14th, 2005, 7:15pm » |
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There as been many postings on insurance and the writing off of their cars, when they had their cars damaged by others.
I was not going to do any more because the Student chappie had more or less decided to get the best deal he could off the insurance and then go to get his car put right be scrathing around cheepie repairs.
I note that others had said they at the end of the day, they rolled over dead and just took what they could get.
Someone had the cheek to actual say, that I was wrong.
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This is what happened to me today.
Bearing in mind I have never made a claim myself in all my life.
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I was returning from taking my son to school. I arrived at a minor cross road, where i was due to turn left.
There was two cars coming from my right. I allowed these to past by and just as I was about to move off, a red peruot driven by an Asian guy, drove straigt into the back of me, like as if I was not there.
Late for work, I reckon and only god know what was in his mind.
Then came the verbal garbage. The road was slippy. It was not, Then he said it was wet. So I said we do have rain sometimes in this country.
Any way I cut him short and asked for his details. He said he was insure with Sainsburys, but did not know any details, he did not even know how he took out the insurance, was it a free 0800 or did he do it on the net.
So I got his name and address then asked him to prove it, so he when through his glove locker and producted a number of items like letters etc with his name and address on it.
So I took photos (i always carry a camera in all my cars,) proper ones I got off ebay. I then shove it in his face and took a photo of him.
I told him that I would be taking action again him and was not interested in his insurance company because they did not do the damage, he did and that is insurance arrangements was between him and them and not me.
Move on time.
So when I got home i reported it to my Saga my insurer and told them I was making no claim on my insurance.
I then got a quote at the largest and best bodywork shop in Coventry. (by the way that chap said, he had a mate who could repair my car. I told him b****r your mate, I not interest.)
Then I when to get the quote for a complete brand new bumper and painting in colour coding perlescent navy/purple paint.
Cost £358 which includes vat. but I would be making a claim for travel, and stress in dealing with this matter.
I got a tow bar fitted and that saved damage to back door and worse.
I suppose you all going to dash off tomorrow to have tow bars fitted now.
The other car had a broken front bumper, fog light,and worse his raditor was pouring out coolant.
His bumper got even more broke when I pulled away because my tow ball had gone in and as I moved forward, I heard a bang as I riped his bumper to blazes.
So did I offer him a lift any where, Not likely, he can walk to where ever he needs.
So armed with my written quote, I did a copy and told him, by putting it into his letterbox, that on Monday next I would be entering into Coventry County Court a summons against him for All my losses.
I also put in a county Court form correctly made out to show him I meant business. I got a whole stack of these in my house.
Two hours later, I got a phone call from Sainsbury's to say that they would be willing to pay for my losses.
They wanted me to take my car to a place in Hinkley, Leicester. I told them No I going to my repair body-work shop.
Having no choice they had to agree.
so next week i off for a new bumper.
See what I mean, go in for the attack straight away, make them aware that you will not except anything less but a total re-inbusements of All, I repeat All of your losses and costs, not just the cost of repairs.
If sainsburys had not phoned me I was still going to have the repairs done next week, pay for it myself and then issue summons against the other person who had done the damage.
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #1 on: Jan 14th, 2005, 7:32pm » |
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I was not going to do any more on insurance as the chappie who started this subject had more or less made his mind up what he was going to do.
This happened to me four years or so ago.
I had a building extension of a garage with a bedroom above.
Two years later, one winter, high winds dis-lodged 13 that's means all of the new building work hip tiles and they came crashing down on the bonnet of this same car.
It did no damage to anywhere else, they all came down one after another one by one. onto the centre of bonnet.
Straight away I put my claim in against the builder who did replace all the tiles. (he had not put enought cement in with the sand).
But he would not pay for the damage to my car.
He told me it was my car insurance that would pay. My next door neighbour who wife works for soiltors said the same, you will have to claim on you car insurance.
So I took him to court. he made it easy for me by not replying to the court. so I got judgement in his default, without myself needing to go to court.
So still he would not pay. So No bugering around. I sent in the baliffs.
That worked wonder when they turn up at 7 pm at night and his wife open the door.
So he paid up and it cost him a whole lot extra in court fees and baliffs fees.
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waders
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Re: Sue them first, them ask the questions after.
« Reply #2 on: Jan 14th, 2005, 7:54pm » |
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Stick it to 'em John 
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #3 on: Jan 14th, 2005, 7:57pm » |
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This happened many years ago, I had this lovely Vaxhall Cresta only done 36,000 miles.
I was parked in a car park at a school playing fields down at Maidenhead. I was visiting a friend of mine who was the school head groundman and lived on the site.
After a cricket match all went off except five boys aged 12 who have been left behind to be picked up by their parents.
The house where the groundsman lived was a distant from the car park.
These five boys from the visting team jumped all over my car the bonnet the roof and the bonnet.
You should see all the damage.
The school insurers where that insured company that insure all state school and never pay out unless they are forced to.
So first the school said their craft master would repair, I told them get lossed.
Now we have that case of the repairs would cost three times the value of the car.
What everyone has been on about.
I rejected their kind offer to give me some pocket money in exchange for my car and them buy it off them.
So off to Reading County Court. where I was granted the full cost of repair.
It was a hell of a lot of money.
I mean taking off the roof and installing a new one plus new headling. new boot, new bonnet, all the painting and trimming.
The final figure, was orendous, plus all my extra costs in attending at Reading.
So have I made my point.
The fact that if the repairs come to more than the value of the car that all they will pay out is bull, the insurance companies give out to beat you with.
That only applies if you are claiming on your policy, not if you are making a claim again someone who has damaged your property and you where in no way to blame.
The law is just so clear, you are entilted to be in the position you where in before the event.
Now don't anyone else ask any more questions about insurance on this site, I had enough.
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mr._floppy
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Re: Sue them first, them ask the questions after.
« Reply #4 on: Jan 14th, 2005, 8:46pm » |
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The policyholder shouldn't have to take anyone to court , that's why we pay insurance .
Make sure that your Insurance Company is responsible for the retrieval of uninsured losses from the responsible party, or their Insurance Company.
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #5 on: Jan 14th, 2005, 9:14pm » |
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yes, that's how it should be. but people have been saying that insuarance companies are only wanting to give them a low figure based on the market value of how much their car is worth..
well then you do have to sue if the insurance company if it will not budge.
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Baz
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S Reg. 1998 24v Cosworth S2.9 COS (Deceased)
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Re: Sue them first, them ask the questions after.
« Reply #6 on: Jan 14th, 2005, 10:19pm » |
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John,
I would agree with you. I had a brand new Rover 75 (£24,900 worth of motor!) The car was only 7 weeks old when, whilst driving down a country lane which I travelled every day for many years, I approached a sharp right hand bend which I knew very well. I sklowed down to about 10 mph and took my car very close to the hedges on the left side of the road. Suddenly, from nowhere, a volkswagen polo driven by an old guy came round the corner on my side of the road and slammed into the drivers door of my shiny new car. He proceeded to carry on down the whole side of my car. After coming to a stop I got out through the sunroof! (As my car was now in a hedge and both doors on the offside wouldn't open!) and took my video camera with me. I photographed everything including position of tyre marks, cars etc.
He admitted that he was slightly over the line and we exchanged details and left. Shortly afterwards I got a letter from my Firms insurance company saying that it was their decision that the matter should be dealt with as a 50/50 claim as we were both in the wrong.....er no, he was on the wrong side of the road.
The thing was that we were both insured with Royal and sun alliance and if we took the 50/50 we would both lose the no claims and the insurance company would be happy. He accepted and I said that I would go to court to fight the case. 3 months after I got rid of the car...3years after the accident, I got a letter from the others solicitors saying he was now going to sue me for his losses! I then played my trump card...when he admitted to me at the scene that it was his fault and that he was over the white line on my side of the road, I had it all on video!! I passed a copy to my solicitors and 2 weeks later I got a cheque from them for my excess. Moral of the tale...always carry a camera like me and John!
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Fitzy
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Re: Sue them first, them ask the questions after.
« Reply #7 on: Jan 14th, 2005, 11:52pm » |
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Johnv
You stated earlier in this thread that you had some boys jump all over your bonnet and roof cusing a lot of damage, you then state that you had the roof replaced on you car. But as i have worked in the body repair business (fully qualified to City and Guilds standards) and still have mates in the industry. NO reptuable garage would ever replace the roof on a car if it was damaged as this is mager structual point of a vehicle and cannot be replaced, in very extreme cases if damage is light it can be repaired but NEVER cut off and replaced. This would never pass a proper M.O.T and no insurance accessor would ever allow this to happen. You can't even buy replacement roof panels anyway, it would essentially be a cut and shut, thats why when the fire brigade cut your roof off afteran accident the car is written off, this actually happened to an ex neighbour of mine whose Jaguar was only 4 hours old and worth £20,000 +. The roof had to be cut off because he had shattered a vertibrate when he got in the car (had suffered with a bad back for twenty years) and the only damage was the roof being cut off to extricate him from the car but it was still writtren off as a category "A" (Can Never be put back on the road).
As for you saying the claim is against the driver and not the insurance company, WHY is it a legal requirement to have insurance to drive, unless you can proof you have the means to cover any lawsuits or claims, like for example Royal Mail and British Telecom who can afford to insure themselves. This topic can go on for ever because everyone has a different story to be told, so lets all agree to disagree and get on with life.
Best reghards,
Fitzy 
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #8 on: Jan 15th, 2005, 7:21am » |
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hi to fitzy.
Of course I was going back about 30 years or something like.
I can asure you that the roof was so badly depress and would not come out. (In those days they where steel not tin like today.)
I can further asure you that a new roof was installed By Vaxhall themselves, who made these cars. That's why it cost so much.
It was a very professional Job, they also free of charge did a complete going over the entire car .
When I got it back after about six weeks it was looking in showroom condition.
I was well chuffed. and they did a service on it, I suppect that the first quoted price was so high they could afford to do this. but they seem to have wanted to return the car in the very best condition they could.
Of course that was a long time ago would you get that service today, I rather think not.
One thing I am not understanding since you mention it. How are roofs put on cars I thinking you can't press the body out of metal (I mean tin nowadays) in one. A car is made up of pannels is it not. so I know wings can be either bolted on or welded on.
So is not a roof panel the same i can't see it in my mind that a machine can press out a car all in one go with a roof pressed out together with the the side pillars and all the rest.
Someone bound to know.
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #9 on: Jan 15th, 2005, 8:08am » |
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hi to baz. so you had a Rover 75. I used to have a Rover 90 then a 105 which was a Rover 90 with twin Carbs.
Lovery cars you could not tell if the engine was running or not when ticking over.
Then I had two Vaxhall Cresta's after that.
So it took you three years of hassel.
I thinking that all the big names in insurance are losy and the smaller companies are the better.
I was so impressed with Sainsbury.
Got to me within 2 hours and straight away admitted to me that they where liaible and they would pay for all my losses.
I had not spoken a word. I was really impressed. If Saga should become pricy, I will certain give them a call for a quote.
They even asked me if I was OK and when I said yes they said well if you get effects get back to me, because they may not show for a week or so.
I mean, how many insruance companies would say that to you because damages for injuries can come to thousands.
On ebay you can get 35mm camers that would have cost £250 to £350 new, you can get them for about £20 to £35.
So i got one in each of my cars.
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Baz
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Re: Sue them first, them ask the questions after.
« Reply #10 on: Jan 15th, 2005, 4:06pm » |
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John,
My dad had the Rover 90 and a 110 but I'm afraid my Rover 75 was a year 2000 diesel conoisseur SE and not the old bus like my dads!!
I got rid of all my company vehicles (except for 2 vans) because keeping 11 vehicles on the road was costing in excess of £14,000 per year. I actually had one engineer who deliberatly drove one of my 2 year old mercedes vito vans into a parked car because he had a row with his girlfriend!! Another guy pulled out infront of a car, we had the van repaired and he did the same thing a week later!
One van we had almost written off because the guy got too close to a parked lorry and ripped down the whole side of the van.
Tip one. Never buy new vans if you run a business!
Tip 2 never employ young lads to drive your new vans...they can't drive vans!!
 
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #11 on: Jan 15th, 2005, 4:51pm » |
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God, Baz you had it rough in your life time. I know what you mean about taking on some sort of employees.
I found it almost impossible to get decent people you could trust to work on their own.
Its not a question of how much you pay them, Even if you pay them fantasic wages,.
I did have one young chap who was just so good. he was with me for a long time, I could trust him.
So I used to do far to much work myself. Working all hours because it was the only way to stay in business.
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #12 on: Jan 15th, 2005, 5:24pm » |
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This business about insurance. is real bugging me.
So much that I been up in my loft this morning.
Once anything goes into my loft it tends to stay there for the simple reason, that I am to idle to have a clear out.
So within 10 mintues I found the file in a cardboard box, on the Vaxhall Cresta I used to have.
Reading through the paper work it all comes back to me after all this time.
This is what it say,
Smash both front and rear windows. to effect replacements factory roof panel.
At this time before seat belts, (but my Cresta had belts) it was all the talk that it was alway better to retain people inside the car, no matter how bad the accident. rather than being throw out of the car.
So Vaxhall Cresta's had no rubber moundings round the windows, because it you where thrown against the window the window pops out followed by you or others.
So Crestas had the window front and back cemented in place. and I do mean that, perhaps I should say bonded in place, then there was a stainless steel trim piece to cover the edges.
I also see that they replaced the entire front bumper, free of charge.
That was not damaged by the boys jumping all over my car.
I think it was because, the chrome was lifting in a couple of places. Front and rear bumpers where chome plated.
Like I already say, The car was returned in stunning condition.
I thing that when firemen roll up to a car accident, they get struck in and rip the roof off.
I know what equipment they carry and it not petty stuff. don't forget i for 5 years at RAF Gaydon was the driver of the Alvis Salamander Air Crash Rescue Foam Tender. upon "V" Bomber Command. We had to train Civil firemen upon what to do to support us if need. If any accident was to take place, heaven forbid) even if it was off the airfield the RAF Fire Department and the RAF police where in total command over the civil counterparts.
Anyway Civil fire men at a car accident would only be interested in get those inside out. I can't see them standing there saying to each other. Well chaps where shall we cut. here or perhaps there or shall we phone the car manufactures to see where.
I spend a lot of time on this insurance thread, as indeed other have. I don't thing even our student friend would have realise just what he started.
I only hope he get the money he is intitled to.
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Fitzy
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Re: Sue them first, them ask the questions after.
« Reply #13 on: Jan 16th, 2005, 12:20am » |
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Hi JohnV
You didn't mention it was thirty years ago, true cars were made differently then, even stronger that todays lightweights. I do believe that the roof and side pillars are all pu together at the factory with specialised machines cossting hundreds ofthousands of pounds each. about twenty years ago my old school arranged atrip to Fords Dagenham Factory for a tour and we were shown the whole process and if memory serves me correct the roof and side pillars were all pressed from one sheet and all the edges on the pillars and roof were triple folded for strength, but now i think they are all specially welded at the factory (maybe we can contact Fords and ask how its done). And from my experiance in the body repair business we were never allowed to replace a roof if it was structually damaged (if at all, never ever replaced one) because we couldn't weld it to the same standards and strengths as is done at the factory. anyway no hard feelings mate just passing on my experiances as are you, hope to meet you at WSM for a beer and good chat.
Regards
Fitzy
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #14 on: Jan 16th, 2005, 8:10am » |
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that's alright Fitzy. I was only trying to tell people what the Legal position was, not what insurance companies stated policies where.
People have to do what they want, in their circumstances. Sometimes some people who may be very busy and have other problems might decide to take what on offer in order to bring their matters to a close.
Not me, I am a b****r, I go after 2 pence if I know that this has been obtained from me, or due to me.
By the way everybody, there is a min, amount you can sue for its £50. so I would not be able to do that for 2 pence.
I wonder if this will be the last posting on this thread. LOL.
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #15 on: Jan 16th, 2005, 8:14am » |
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my insurance is due in february and march on two cars i leave a posting them on how much i had to pay. i bet that will start a long thread.
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Baz
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Re: Sue them first, them ask the questions after.
« Reply #16 on: Jan 16th, 2005, 10:14am » |
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£297.00 Fully Comp for a 24v. I am 41 and live in Warrington. Car is kept on drive and I have no accidents or convictions. I had company cars up until getting my first S reg cosworth about 3 years ago. Got letters off my company insurers to back up my driving history and they gave me a good deal at Direct Line. I hadn't owned my own car for nearly 10 years prior to getting my red cossie
Baz
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johnv
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Re: Sue them first, them ask the questions after.
« Reply #17 on: Jan 16th, 2005, 10:21pm » |
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hi Baz,
I pay £242.78 for my 1998 24V. but that was last February 2004.
I have also got a top mileage I do of 5000 miles because I share my mileage between the others.
Also I got £200 accidental damage and £100 Fire and Theft. because I never have made a claim on my own polices in all my life.
Also in there is a protected NCB, I can never loose my Bonus if I do need to claim.
I have the max discount of course (protected)
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I thinking mine will be about £280 this Feb. (just guessing). I will look up in my "Which" when I get time to see how Directline do and will let you know.
Sainsburys I got a feeling are to do with Ensure. (I understand they are good).
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This thread that the student chap started was needed, I hope lots of people have learnt a lot.
So learnt what.
1st. That big is not beutiful. Keep away from the major big boys. Its the same as the big major high street banks, all give rotten service. and charge you the end of the earth for it.
I bank with First Direct now for 12 years or maybe longer. Billiant, you can get then on the telephone in a second, always there. you can use any HSBC bank in the high street and do your accounts on line.
and they give you a free overdraft of £500 which increases to £1000 if you are online. don't charge you a penny for it.
(how did we get onto banks instead of insurance companies).
O yes, the other point, if someone else damages you property you are entitled to a full COST OF RE-INBUSING YOU. not a part. Its the same if its you house your car, you camera, it does not matter what the item is.
Have you seen on the other thread the student is now going to have his car repaired.
I am so glad because he did not deserve to be in the position he found himself in, through no fault of his own.
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