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Conference terri::cars_uk

Title:Cars in the UK
Notice:Please read new conference charter 1.70
Moderator:COMICS::SHELLEYELD
Created:Sun Mar 06 1994
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2584
Total number of notes:63384

969.0. "HELP! Insurance Claim !!!" by CHEFS::GILESV () Tue Feb 27 1990 08:36

     
    Hi all,
    
    I wonder if I an pick the brains of someone with past experience
    in making an insurance claim.
    
    On 5th Jan , a nice big red double-decker bus hit my nice red MG
    Roadster causing damage to the rear wing.  The bus had run a red
    light.  The police were called and 2 weeks later I received a
    witness enquiry form RE: careless driving on the part of the bus 
    driver.
    
    It would seem clear therefore that the bus driver was to blame.
                                                                   
    I have received several quotes for the repairs totalling �700.
    
    As I have never been in this position before, what do I do now?
    Should I write a letter to London Buses together with the estimates
    asking for confirmation to have the work done at their expense?
    
    Or should I be writing to their insurers?
    
    Thanks.
    
T.RTitleUserPersonal
Name
DateLines
969.1Insurance claims.BRIANH::NAYLORPurring on all 12 cylindersTue Feb 27 1990 09:0526
First of all, there is a requirement that you inform your OWN insurers.  If LT
decide to contest the claim, they will need to know about it.  Believe me, they
may do this even if they fundamentally know they are wrong because it is a
requirement by THEIR insurers that they do not admit liability.

Did you get a statement from the driver of the bus ?:
	His name and LT number
	The registration number of the bus
	The insurance details for the bus (displayed on a white disk similar
					    to the tax disk)

Pass all this lot to your insurers too.

Next step, if you're a member of the AA/RAC/WHO you should write to them and
get their free legal advice.  Even if you don't pay for the full legal service
they will provide a few minutes of advice either by letter or phone.

Be prepared for the insurers or LT to not pay the full cost of the claim.  your
car will be in better condition after it's repaired than before therefore they
will deduct a percentage for "betterment" because you are not allowed to profit
from any claim.  I got 50% of my claim when the E-type got clunked, but it noe
has a brand new front end which is not showing any rust.

Finally, good luck.  Dealing with a beaurocracy is fun!

Brian
969.2CHEFS::GILESVTue Feb 27 1990 09:282
    What risks are run if my insurers are not notified??
    
969.3SUBURB::PARKERTue Feb 27 1990 09:5231
    Re.2
    
    You run the risk of invalidating your cover; but more to the point,
    if by mischance LT do not stump up, your own insurers can say that
    the liability is yours. Remember that a green light only says you
    may proceed if the way is clear, and LT could argue that you therefore
    contributed to the bump. (I don't think they will, though, based
    on what you say.)
    
    Re.0
    
    LT self insure. That is to say, they have no insurance policy, but
    demonstrate adequate substance to whoever they have to that they
    can cover any third party claims. 
    
    Thus my advice, FWIW, is 1. fill in a claim form for your own insurers
    marked "ADVICE ONLY _ THIS IS NOT A CLAIM" 2. Get any free advice
    that you can (try Doug Arnold from Insurance Dept, or one of the
    in-house legal eagles, on a day when they are not too busy, if you
    are not entitled to AA/RAC advice) 3. Write a formal letter to LT
    advising that you hold them responsible, and that you are getting
    two estimates for repairs which you will forward to them for their
    consideration.
    
    As said in .1, fighting beaurocracy is never quick, but if you are
    persistent and professional in approach - ie, not emotional - you
    tend to get a fair result in the end. From personal experience.
    
    Good luck.
    
    Steve
969.4Claims Form???CHEFS::GILESVTue Feb 27 1990 10:304
    I called London Transport and they are sending me a Claims Form?
    
    Does anyone have previous experience of these? ie. what they ask,
    how long they take to process?
969.5Useful Info?IOSG::MARSHALLIt's not dead, it's restingTue Feb 27 1990 11:5744
I don't know about LT, but here's what I learnt when someone ordinarily insured
drove into me (they were over the 30mph limit and hence couldn't stop within
the half mile of clear road behind where I was stopped at a junction):

It was DEFINITELY his fault (ie no-one , particularly a court, would say it was
not his fault.)  This makes claiming easier.  Stress that the accident was
completely, utterly and totally his fault.  Point out he was breaking the law.
Point out that that is how a court would see it (you might not want to get
that stroppy to start with, but it worked for me)
I had only third party cover on my own insurance, so had to make the claim
myself.  I think if you have fully comp, your insurers should pursue the claim,
but I'm not sure.  If you have Legal expense cover (eg DAS), don't use it
unless you need to go to court.  I got my claim sorted out quicker doing it
myself than my brother his (at about the same time, unrelated incidents!), as
all the solicitors did was act as middle men forwarding letters between the
two parties.

DEFINITELY inform your own insurers.  Tell LT you've told your own insurers.
Tell LT you've told your own insurer's that it's LT's fault.

When filling out the claim, be very specific and detailed without being verbose.
Describe EXACTLY and UNAMBIGUOUSLY what happened.  Make it perfectly clear you
know exactly why the accident occurred - ie the bus driver shot the light.
Don't make it woolly and vague, as though you're not sure what happened.  Make
it clear you mean business.  Make it clear you want the full value of the repair
and not a penny less.  Make it clear you'll take it further if you don't get
this.  This may prompt them to give you a better deal earlier; you then have to
decide how much more to push for.

Their letters will probably say "WITHOUT PREJUDICE".  This confused me, but all
it means is that the letter is not an admission of any sort and you cannot later
use anything in that letter as evidence against them.

Be prepared for a long wait.  They WILL ignore your first letter as a matter of
course.  After a fortnight ring them up and ask what's happening.  If you get
no joy, write and say you will issue a summons if you don't hear by return of
post.  (Check the small claims court or Citizen's Advice Bureau for details).
You won't have to do this, as they will reply immediately.  Be prepared to
push all the way to get your money.

Think of it as an exciting adventure game...

Good luck,
Scott.
969.6Brochure from LEXSUBURB::GALECChris GaleTue Feb 27 1990 12:0514
    
    I'm just sorting out my insurance claim where my car was parked
    in a marked parking space .
    
    The car was heavily damaged. My insurance company gave me a claim
    form e.t.c. and I duly filled it in.
    
    The Insurance Company told me to get two quotes for repair. On talking
    to LEX Brooklands in Reading where the car was purchased /serviced
    /repaired. They told me I have the choice of where the car is repaired
    and gave me a brochure detailing your rights published by the relevant
    Trade Association . Its well worth a read.
    
     Chris.
969.7LARVAE::MUNSON_POn the 7th day, God made the 49ersTue Feb 27 1990 12:079
    I had my MG Metro written of by a guy who hit me in the rear, I only
    had third party cover. I went to my insurance company, filled out a
    form, they got onto his insurance company and did the rest. However be
    prepared to chase, ring up every day if you have to, otherwise they'll
    just stall for as long as possible.
    
    Good luck!
    
    (��)Munce.
969.8guilty until proved innocent...SWEEP::ALFORDFantasy is the reality of life...Tue Feb 27 1990 13:1419
    
    and just a cynical word of warning....
    
    if the case goes to court, don't expect justice...
    
    barristers engaged by the insurance companies are paid regardless of
    whether they win or loose, and thus don't care a damn.
    
    another word of warning, the chances are, the barrister who actually
    stands in court, only received your file that morning.
    
    In my case, even my solicitor who was sitting beside me, couldn't
    understand why that blasted man wasn't cross-examining the other side,
    since even he could tell that one was blatently lying, and the other
    so-called witnesses were tripping themselves up with every word.
    
    oh yes....the witnesses are for some reason allowed to sit in the
    courtroom listening to all the testimonies throughout the case....some
    justice huh ?
969.9CHEFS::ARNOLDWed Feb 28 1990 12:1414
    As noted earlier here, either I or my motor claims specialist colleague
    Chris Palmer are here to give you personal advice on how to word
    your letters and how long its going to take etc etc.
    
    The most important advice given by several people has been, and
    is INFORM YOUR INSURANCE COMPANY not doing so puts you in BREACH
    OF CONTRACT.
    
    Threatening to sue them after a given reasonable period of time
    often works wonders, but be prepared to run a claim in the county
    court against them 

    Good Luck !
    Doug    
969.10BONNET::MARTINThe Corporate Rat - 828 6236Wed Feb 28 1990 12:496
    
    	"Without prejudice" is a legal term and is there for very good
    reason, if you do not understand a document that contains this wording
    then ask your solicitor to explain it to you.
    
    	Rat