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Discussion Starter · #1 ·
Hi,

I hope you dont mind me asking for advice. My car was hit when it was parked in early September. After contacting their insurer, they sent an engineer who said my car was total loss.

The problem is that my MOT expires next week and today when servicing my car, the mechanic told me my car will certainly fail the MOT because of the body damage (to the wing panel and bumper).

I think it might be possible to do a temporary fix to the parts causing the failure, but I'm not sure if this will invalidate my claim with the insurance company.

In the meantime, I'm also unhappy about how long it is taking for the insurance company to settle this case. They have never denied the accident but they keep saying "we're investigating..etc".

Is nearly 3 months a logical period for an investigation (that hasn't even yet been finished)? What are my options? Shall I fix my car, and complain against the insurer?
 

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Has the other driver or their insurer accepted liability? I presume they have given they sent someone out to assess the car. provided that the other party has accepted liability as they are at fault (which as you were parked they must be) I would do this

1) identify the market value of your car before damaged. Use a few internet searches and take an average of three prices

2) write to the insurers claiming the value of your car in 1) above. Also say that if you have not heard anything in 7 days you will hire an equivalent vehicle to your and recover the cost from them. Give them 14 days to pay

3) if after 14 days they have not paid then write again giving them a further 14 days to pay.

4) if after this later period they fail to pay issue a claim in the small claims court against the insurer or the other driver in person ( which is nasty way of doing it). Your claim should also cover the loss of use of your car.


You are on the receiving end of the insurers tactic of ignoring you hoping you will go away. The way of defeating this is issuing a claim in court. Been there, done it abs won
 

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Discussion Starter · #3 ·
Thanks for taking the time to write. Although they haven't said "yes our driver did it" I think they admitted it. I thought about the small claims court. I wrote to them today. I'll see what they respond with next week. They are really cunning and love to stall as you said.
 

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Well sending an engineer out is acceptance of liability I think. If they were going to argue it is not their liability why send an engineer

In my case some idiot went into the back of a 1997 Vauxhall vectra. He admitted liability. Insurers ignored me until they received a small claim for 700 quid ( bear in mind the car was 20 years old). They paid which then allowed me to put a scrap tailgate and bumper on after winching the floor straight. Car ran for another 4 years

get on the front foot with this. Likely they are disorganised and cannot keep up with correspondence. If you are smart then you will get it to a small claim pretty quickly and then they are faced with either paying up of trying to defend a claim where they have tried to ignore you ( likely to lose that) so they’ll just pay.

pm me if you want. It makes my blood boil that insurers do this
 

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Discussion Starter · #5 ·
Thank you really appreciated! I wrote them yesterday to explain my current situation and how they are in part responsible for it. I'll go to the court soon if they keep stalling. I think now they'll argue it's "Christmas" so I have to wait :D
 
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