My Gs300 Involved In A Crash

messi · July 23, 2015

Hi

I'm totally gutted. Was sitting in my friends merc outside my house, opp his car across the road was my beautiful gs300, when a drunken idiot who was being chased by the police smashes into the ns front of my car causing it to go onto the pavement then his car spun and hit my friends merc to, damage to my car n's front wing, corner of the front bumper and headlight and wheel slightly pushed back, no damage to the front bumper beam thats is behind the front bumper, I think they will write it off but I am totally gutted, the rest of the car is mint, no damage to the bonnet. The front passenger door is grazed too, they got him though and he is insured but I'm gutted and hurt as I love the car. Luckly no one was hurt bad but I would have liked to have hurt that drunken idiot, should I claim on my insurance or should I let solicitors take care of it?

Lexmanic · July 23, 2015

Hi

I'm totally gutted. Was sitting in my friends merc outside my house, opp his car across the road was my beautiful gs300, when a drunken idiot who was being chased by the police smashes into the ns front of my car causing it to go onto the pavement then his car spun and hit my friends merc to, damage to my car n's front wing, corner of the front bumper and headlight and wheel slightly pushed back, no damage to the front bumper beam thats is behind the front bumper, I think they will write it off but I am totally gutted, the rest of the car is mint, no damage to the bonnet. The front passenger door is grazed too, they got him though and he is insured but I'm gutted and hurt as I love the car. Luckly no one was hurt bad but I would have liked to have hurt that drunken idiot, should I claim on my insurance or should I let solicitors take care of it?

You have to declare it anyway So I would claim via insurance. Be warned however that his insurer may try to deny liability because he was drunk and trying to escape the cops. Recently there was a court finding, regarding a passenger in an insured vehicle were the driver had been banned.

The passenger was quite badly injured but denied compensation because (& I quote) he should have known the driver was banned cos he was a friend lol! The Judges (quite rightly in my view) took a very different path and said the insurance company was & is liable.This tack has been attempted by insurers many, many times even when there has been deaths. In one case in Scotland in the 70s which involved the death of innocent victims the insurers tried but failed (the judge went bonkers) in trying to deny liability. The basis was that their, now deceased, clients insurance was void because the car was not road worthy (it had a bald tyre). So don't be surprised if they do try it it on. Should the 3rd party insurer do so based on the above or similar then the above mentioned judgment should help you in your claim. Also don't forget the MIB (Motor Insurance Bureau) who now offer compensation for any loss and not just injury as before AND they can insist/instruct the 3rd party insurer pay up

Exdee · July 23, 2015

I don't see why you have to go through your insurance company. The incident has witnesses, there will be a police report too so the law is pretty much on your side.

I was in a similar situation once and went to my local Lexus dealer who put me in touch with a company called 'Accident Exchange'. They dealt with the matter very swiftly and gave me a reasonable courtesy car.

Maybe try them or pop into your local dealer for advice?

Lexmanic · July 23, 2015

I don't see why you have to go through your insurance company. The incident has witnesses, there will be a police report too so the law is pretty much on your side.

I was in a similar situation once and went to my local Lexus dealer who put me in touch with a company called 'Accident Exchange'. They dealt with the matter very swiftly and gave me a reasonable courtesy car.

Maybe try them or pop into your local dealer for advice?

Because in the T's&C's you're required to notify your insurer of every such incident & if you don't then should you have another incident which you need to claim for & they become aware of the 1st your claim will be rejected as you have broken the contract

Also in the event you need to litigate you'll need your insurers backing + no solicitor will act for you if you don't notify them

Bluesman · July 23, 2015

You have to inform your insurance company that the accident has taken place after, you have no choice on that you can then chose to let them proceed to sort the claim out or you can go straight to his insurance company. If as you expect they will write the car off you then reach a settlement with the 3rd parties insurance company as to the value of your car, you can let them know if you want to buy the car back under a salvage value, once you have agreed that you either buy another car or you get your car fixed. From today you are entitled under a Non Fault claim to have a hire car or an agreed amount all the time you are without a car, this will cease once you have either repaired your car or bought another car.

One thing to remember should you buy your car back under salvage values your car will be registered by the insurance co as a Cat D or might be a C but I wouldn't think so with the damage you have described.

Check your policy for free legal advice as a lot of motorists have this but either pay more at the time of crash or do nothing at all and all because they were unaware they had this facility. Check also your Credit/Debit, AA/RAC cards as these often have free legal cover. Any injuries can be dealt with either directly with the 3rd parties insurance co or through a solicitor which is the better option. You can contact a legal co that deals with these type of claims and they will work for you on a No Win No Fee basis. The fee these days is normally a percentage of what they manage to win for you but they will guide you through a a legal minefield.

All that said I feel for you, I know its only metal but we do fall in love with our cars. Hope the above is of some help to you. Mike.

messi · July 23, 2015

Thanks all for your help. Well the insurers are dealing with it, regarding injury, I can't seem to straighten my right arm I'm in alot of pain, I was okay last night though but I feel it more now, but I told them I don't want to claim for my injury yet as it may get better, but I'm going to see my GP later today.

Regarding the car, I'm hurt and gutted, but I'm happy my little girl or anyone else wasn't in it.

Exdee · July 24, 2015

I don't see why you have to go through your insurance company. The incident has witnesses, there will be a police report too so the law is pretty much on your side.

I was in a similar situation once and went to my local Lexus dealer who put me in touch with a company called 'Accident Exchange'. They dealt with the matter very swiftly and gave me a reasonable courtesy car.

Maybe try them or pop into your local dealer for advice?

Because in the T's&C's you're required to notify your insurer of every such incident & if you don't then should you have another incident which you need to claim for & they become aware of the 1st your claim will be rejected as you have broken the contract

Also in the event you need to litigate you'll need your insurers backing + no solicitor will act for you if you don't notify them

Ok just to be clear, I was only saying not to go 'through' them as in let them handle it. They certainly have to be notified, I believe it is an offence to not do so. When I got hit, I rang up my insurance company first and told them what had happened. They offered me a corsa and offered to book the car in at their approved garage for immediate repair.

I refused and went to Lexus who put me in touch with this company. They gave me a BMW 3 series as a courtesy car and my car was repaired at the dealer.

messi · July 24, 2015

Well the police have said the person driving the car which hit mine is saying he bought the car 3 days ago and isn't insured, even though on mid check it states the car is insured, the police have said it's probebly insured to a family member and he has taken the car without their consent, but that he won't be getting away with it and also who in their right mind would sell a car and 3 days later and still now have insurance on it.

Bluesman · July 24, 2015

You need to contact the MIB Motor Insurance Bureau http://www.confused.com/car-insurance/articles/what-to-do-if-you-re-hit-by-an-uninsured-driver

Good luck with it. Mike.

messi · July 24, 2015

Will it be a long process through mib? What if I need anot her car, do I have to have a new insurance policy or can I transfer it from the gs300 while the claim is being processed??

Bluesman · July 24, 2015

Will it be a long process through mib? No idea, administration always seems take far more time than it should. Best ring them and ask,

What if I need another her car, do I have to have a new insurance policy or can I transfer it from the gs300 while the claim is being processed?? Again when talking to them above talk to them about this as well. If you claim through your insurance company you will almost certainly lose your NCB, Mike,

messi · July 24, 2015

My insurers told me I wouldn't lose my no claims as I have them protected

Bluesman · July 24, 2015

My insurers told me I wouldn't lose my no claims as I have them protected

Brilliant, well worth insuring, lots don't. Mike.

wh05apk · July 24, 2015

Although you will not lose your NCB, if you are claiming through your insurers and they cannot recover the costs, your "base" premium will still rise, but you will still receive your 50% or whatever NCB off of the premium, so you will likely still see an increase.

Lexmanic · July 24, 2015

Although you will not lose your NCB, if you are claiming through your insurers and they cannot recover the costs, your "base" premium will still rise, but you will still receive your 50% or whatever NCB off of the premium, so you will likely still see an increase.

Correct I was about to post the same but kip was more important

Bluesman · July 24, 2015

Either way they get you every which way. Mike.

messi · July 29, 2015

Hi

Just an update. My car sadly is a cat c total loss but they have made an offer, which I think isn't too bad. So now I'm looking for another gs300.

Malachy · July 30, 2015

Hi

Just an update. My car sadly is a cat c total loss but they have made an offer, which I think isn't too bad. So now I'm looking for another gs300.

Sorry to hear that dude you will have to claim off your own insurance then go through MIB I hate scumbags like that, what year was your GS?

messi · July 30, 2015

2005 mk3. Anyone selling one?

Malachy · July 30, 2015

2005 mk3. Anyone selling one?

There is a few for sale over here i paid 3500 euros for mine and it has nearly everything. .

messi · July 30, 2015

Where are u based?

Malachy · July 31, 2015

Where are u based?

Ireland check out www.donedeal.ie a 07 450h is about 7k..

messi · July 31, 2015

Thanks for that. Yeah I have checked on there for a gs300 and 450h but the spec on the cars to ones we have here in the UK are different. For example some don't have the reverse camera, where as they all have it here on the uk versions

Silver Arrow · August 7, 2015

So sorry to hear about this.

You can only ever claim through your own insurance company as far as I'm aware. I don't believe there is facility where you can bypass your insurer and go directly to claim with the 3rd party's insurer as every vehicle must have an insurance policy covering it (unless it is SORN)??? Unless you report it as a crime, get a crime number, and go via court. The Police will normally tell you to go through your insurer who will arrange for settlement, even if you have only TPFT cover.

Either way you have to tell your insurance company (regardless of who's fault) if your vehicle has been involved in an accident, even if you were sipping tea inside the house watching Eastenders and someone rams your car out side on the drive.

Thats my understanding.

Anyway, good luck, and hope you get a good enough deal. The good thing is that GS300's have really dropped in value as people seem to want diesels. A good time to pick up v6 petrol cars.

Bluesman · August 8, 2015

So sorry to hear about this.

You can only ever claim through your own insurance company as far as I'm aware. I don't believe there is facility where you can bypass your insurer and go directly to claim with the 3rd party's insurer as every vehicle must have an insurance policy covering it (unless it is SORN)??? Unless you report it as a crime, get a crime number, and go via court. The Police will normally tell you to go through your insurer who will arrange for settlement, even if you have only TPFT cover.

Wrong I'm afraid. There is nothing to stop you contacting the other parties insurance company and sorting the whole thing out yourself.

If you have legal cover on your policy you can use those.

You can also employ a Solicitor to do the job for you, you can contact one of these "Where there's blame there's a claim" companies there are dozens of them, how ever they want around 20% to 30% of the amount won as they don't have a fixed charges anymore. They will also want you to take out a policy to cover the claim unless it goes pear shaped on them, these normally cost around £100. If you think they wont let you have cover in case they lose your correct.

Either way you have to tell your insurance company (regardless of who's fault) if your vehicle has been involved in an accident, even if you were sipping tea inside the house watching Eastenders and someone rams your car out side on the drive.

Correct. Do not fail to tell your insurance company, its a must do regardless of which route you take.

Thats my understanding.

Anyway, good luck, and hope you get a good enough deal. The good thing is that GS300's have really dropped in value as people seem to want diesels. A good time to pick up v6 petrol cars.

Good luck with it. Mike.