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Some advice needed ......

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Some advice needed ......

Postby Lancs Lad » Sun Dec 24, 2017 8:58 am

Okay ....
Earlier this year my other half was involved in a traffic incident for which she was responsible. Both vehicles were damaged, but still able to be driven. There were no apparent injuries. I subsequently informed my insurance company and got the ball rolling regarding repairs etc.
My car was insured on a fully comprehensive basis through Hastings who provided for the repairs and gave us a small hire car during the time our vehicle was away. Note that the other vehicle involved in the incident was a delivery vehicle for an Indian take away business which operates locally.

Hastings sent me a letter a couple of months ago informing me that all claims had been paid and that they would now archive the incident details. However .... only yesterday, I received a letter from some company indicating that their client (presumably the other vehicle owner) had an issue with Hastings regarding hire charges which Hastings had failed to reimburse them for.

At this point,they then threaten a CCJ against my other half if Hastings fail to pay and ask her to contact Hastings and urge them to settle this claim.

Obviously I have my own thoughts regarding this scenario but I would be keen on the views of the Forum Collective. WHAT SAY YE?
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Re: Some advice needed ......

Postby Buffy Vampire Slayer » Sun Dec 24, 2017 9:47 am

IMO any costs regarding this incident are entirely the responsibility of your insurance company EXCEPT for any excess cost which is your responsibility
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Re: Some advice needed ......

Postby Shootist » Sun Dec 24, 2017 11:52 am

"Some company" usually means a bunch of bent buggers looking to screw some money out of the unsuspecting. Google them with extreme prejudice, including companies house. Do forward copies of any correspondence from them to your insurers on the outside chance they are genuine (which I doubt). If the new company turns out to be fraudulent there are a number of options. 1) report them to the police, 2) stand naked in your garden at midnight rubbing blue mud in your navel which chanting "Bum, Bugger, Bisto." repeatedly for 30 minutes. Either will be equally effective.
If you don't have to give up your car because other people commit crimes in their cars, why should I have to give up my firearms because other people commit crimes with their firearms?
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Re: Some advice needed ......

Postby Les1066 » Sun Dec 24, 2017 2:11 pm

Lancs Lad wrote: ........ the other vehicle involved in the incident was a delivery vehicle for an Indian take away business which operates locally.


Sorry, but that tells me all I'd need to know. Somebody is trying it on. :mad:
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Re: Some advice needed ......

Postby Coldfinger » Sun Dec 24, 2017 3:21 pm

Lancs Lad wrote:their client (presumably the other vehicle owner) had an issue with Hastings regarding hire charges which Hastings had failed to reimburse them for.


You have no contract with them so any court action should be between them and Hastings.
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Re: Some advice needed ......

Postby Cam » Mon Dec 25, 2017 6:42 am

Coldfinger wrote:
Lancs Lad wrote:their client (presumably the other vehicle owner) had an issue with Hastings regarding hire charges which Hastings had failed to reimburse them for.


You have no contract with them so any court action should be between them and Hastings.


Spot on, CF!

To the OP: what I would do however is phone Hastings and get the facts. If there is a dispute, and if you have Legal Expenses Cover, I would notify the insurance co. immediately of a potential claim.
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Re: Some advice needed ......

Postby Deallad » Mon Dec 25, 2017 1:51 pm

Some time ago I was involved in a collision where my car was struck from behind and needed major repairs.

The insurance company sent me to a car hire company and on arrival the car was too small, I contacted my insurance co. and they said that was the size of car they provided and if I wanted a bigger car I should hire one myself and sue the 3rd party.

Once my car had been repaired I took back the hire car and picked up a bill for £700 I paid the bill and sent a copy to the 3rd party to pay they refused and I took them to court.

The judge informed them that it was reasonable for me to request a larger car because of my height (judge used the term Like for like) and that as they caused the collision they had to pay the £700.

It cost them a lot more than the £700 hire car charge

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Re: Some advice needed ......

Postby Coldfinger » Tue Dec 26, 2017 8:03 pm

Yes, but in this case Lancs Lad says he wasn't responsible for the accident, it was the other party.
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Re: Some advice needed ......

Postby Shootist » Tue Dec 26, 2017 9:03 pm

The whole insurance thing depends upon what is in the contract of insurance. This is to say that certain events are covered and others may not be. An example may be the provision of a replacement vehicle while the damage is being fixed. The insurance company may provide a basic car but the claimant may feel he is entitled to something better. If he can make a case then he has a claim. It is important to remember that the claim is against you and not the insurance company. The insurance company is merely contracted to indemnify you from any claim according to the conditions stated in the contract. If their contract, to which you agreed, specifies only a basic replacement car then that is all they are required to provide. The claimant is entitled to seek to recover the costs of a better car, if he can make a case.

If he succeeds in making that case then you, and not the insurance company, will foot the bill. This only applies if the insurance contract you have doesn't cover all the claims made. This example is a bit specific and mostly it will be up to the claimant to demonstrate his losses. If the claimant's car is a luxury limo used in an executive taxi service and the insurance company insists on providing a basic three year old Ford 4 seater saloon then the claimant may have a claim for an uninsured loss.

It seems likely that the situation in the OP is a try on at best and a fraudulent claim at worst. Either way, inform the insurance company and provide them with copies of all documents received. They should look after the OP on this. Do not contact directly the company making this further claim.
If you don't have to give up your car because other people commit crimes in their cars, why should I have to give up my firearms because other people commit crimes with their firearms?
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Re: Some advice needed ......

Postby Lancs Lad » Wed Dec 27, 2017 8:52 am

Gentlemen

Many thanks for your replies. I will contact my insurance company and make them aware of this development.
I guess its a case of seeing how it pans out. Just out of interest, the other vehicle was a 5 year old Ford Fiesta van.

Compliments of the season to you all :cheers:
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Re: Some advice needed ......

Postby Lancs Lad » Wed Dec 27, 2017 3:31 pm

Update Folks;

Hastings confirmed that they had paid out all monies regarding the other party's claim including hire charges for a like-for-like vehicle while the original vehicle was being repaired. HOWEVER, it appears that the other party requested a Ford Transit sized vehicle and had been supplied with such a vehicle. Hastings had subsequently refused to reimburse the additional charges for the larger vehicle, which seems reasonable.

Hastings have taken a copy of the communication I received from the other company and will do what they have to do. Hopefully, this will now go away.

Thanks for all your replies and comments. Much appreciated :thumbs:
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Re: Some advice needed ......

Postby Coldfinger » Wed Dec 27, 2017 7:48 pm

In that case it's "betterment"

A provision, often found in the physical damage section of automobile insurance policies, which stipulates that if the repair or replacement of the damaged parts results in better than "like kind or quality," the insurers will not pay for this net improvement. This clause is designed to preserve the concept of indemnity so the insured does not profit from the loss when the circumstances are such that it is impossible for the insurer to repair or replace the property without bettering the insured's position.


If this got to the stage where they did try to take you to court then your response would be that they didn't want like-for-like they wanted better and this is unreasonable i.e. betterment.
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