Advice please? (insurance accident)

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JaneMBE

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Asking on behalf of friend.
The accident that happened last weekend (with the breaking girth)... the rider, having discussed with the car driver,said it would be preferable if they could agree to damages without insurance company involved. (Mainly because it would hit her hard with premiums next renewal, for a charity run riding centre, insurance is high anyway and possible she may not be able to afford, it is very high with riding schools.)

Anyway, the driver turned up the day after, and said his car was a write-off, the chassis was damaged (but he was still driving it>)
He has been in contact again and said it is twisted and he is wanting 1200 pounds
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The car, it has to be said is old and probably only worth around 4-500, it is a bit of a banger.

I have told friend to seek advice but said I would ask a general Q here, it does seem as though the driver is taking the biscuit and she may be better off going through her insurance. She did ask if she could let a mechanic (independent) look at car but driver refused. t is possible he has friend in garage business and a written report could be exaggerated.

What would you do? Should she ask for written proof from two garages?
 
I think she should say to the driver she wants her mechanic to look at it before she agrees to pay out as other wise she might go to her insurance. By not using her insurance company this guy can really demand anything he wants as it is not regulated by anyone. Unfortunately looks as though she should go to her insurers otherwise she will get more screwed over. Written proof from two garages arrange by him is not a good idea - one mechanic must be someone she can trust!
 
IS she a member of bhs or a riding club of any sort?? they offer personal liability as part of there cover, was just thinking maybe she could go about it without having to claim off the riding school insurance.
If you claim off the insurance and he wanted it fixing at his own garage i think he would have to provide at least 2 estimates from different garages to prove to the insurance that he isnt going to rip them off, so maybe you could ask for 2 different estimates from different places?
Good luck sorting it all
 
she needs to take it to a reputable garage and get a quote and get it fixed and pay it and give him it back

If its a write off she needs to then go onto the parkers website and get the car valued and pay him what its worth xx
 
I would say go through the insurance by agreeing to pay outwith the insurance she has no legal support and what happens if next week the guy decides he has suffered from whiplash and demands compensation for that?
 
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I would say go through the insurance by agreeing to pay outwith the insurance she has no legal support and what happens if next week the guy decides he has suffered from whiplash and demands compensation for that?

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dito!
 
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I would say go through the insurance by agreeing to pay outwith the insurance she has no legal support and what happens if next week the guy decides he has suffered from whiplash and demands compensation for that?

[/ QUOTE ]

this is very true and I didn't consider that! I think it is best to go through insurance company, and suffer the higher rate next year, rather than having a personal claim to this driver
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Thanks for replies, I'll get them to friend:)
 
Go through the insurance that is what it's there for after all. She may also have some legal cover that covers uninsured loss and legal costs when there has been a collison like this with a 3rd party motor vehicle. Due to the nature of the incident and that it was herself and not a paying member of the public riding (i assume I am correct?) it shouldn't really affect the insurance premium an awful lot and also she/the insurance company may still be able to claim against the girth manufacturer if the girth has been the proximate cause of the incident.

The car driver will have to get an engineers report for the repair costs and they not be as much as he has quoted to you and, in all fairness £1200 isn't a huge amount for an insurance company to settle under a PL claim.
 
Okay, my OH is a mechanic. Absolutely insist that you have an independent garage of your choosing also assess the vehicle for damages - it is the work of no time at all to get dodgy backstreet garages to write up any old repair bill for any amount. Absolutely do not hand over any money until it's had at least two estimates, preferably three, and if he won't let you use an independent garage, then big alarm bells should be ringing. Please, please, please get her to go through the insurance. They won't tolerate any messing about. It will increase her premiums but payment can be considered admission of fault and from that he may then be able to take further legal action and sue for time lost, emotional distress, etc. etc. etc. This could get out of hand very quickly if he's already scented an easy money-spinner.
 
She should go through her insurers. If the car is only worth 4-500, then they will not sanction 1200 worth of damage repair and the driver will be offered the value of the car as it was immediately before the accident by the insurers as an economic write off value. It means the driver may well suffer a loss as he may have to then pay more for a replacement vehicle, but that is how the law works, I'm afraid. Many people then make a claim for whiplash or whatever and then whatever they get for that goes towards the cost of a replacement car. The insurers will arrange for a valuer to assess the car. Any "friend" will not be independent and can almost guaranteed to be biased.

With regard to the girth, if there is a defect in the girth itself, then it will be covered by the Consumer Protection Act. The company will want to do it's own tests, which will be difficult if you don't let them have the girth, but what you could do is agree to have the girth tested independently by a neutral expert instructed by both parties. There are pros and cons to this. If it goes against you, you don't really have anywhere to go. However, having looked at the damage, it is very odd that both straps went at the same time. If the opinion is for you, then the company have very little if any "wriggle room". Thorowgood are a reputable firm and I would hope this case would concern them rather than get them involved in litigation. It would not really enhance their reputation, whereas sympathetic client care would.
 
Re the girth. The MD phoned me immediately on reading email I sent, very concerned. The next day the design expert came down, a really genuine bloke, who was as puzzled as any of us about the girth.
They have taken it to their lab where they can examine every thread under microscope, as this is something they have a real concern for and they want to know if if it is a batch fault or another reason.
They were quite happy to sign for it with photographic evidence, and aware of the fact that we didn't want it to go 'missing'

I am in agreement about going through insurance, as I feel the driver is trying to get more than he ought to, and realising that the rider is very vulnerable just now. It is what insurance is there for after all.I'll print this out for her, but at the end of the day, it is her choice, but I will support her whatever she decides.
What a mess
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