Car insurance claim question

tf2

Well folks, looking for thoughts on this situation.

Two cars involved in a very near head on collision. One driver texting on the phone drifts into the other lane. The car who was in the other lane swerves to avoid a head on collision. In doing so the left hand side of the car drives up onto a sort of embankment/ditch (no hard shoulder). The front of the car scrapes up and moves a considerable amount of earth.

This results in:

Scratches to the bumper left side
Bumper out of place slight where it meets the front quarter panel on the wheel arch
Minor scratches to brand new alloy at the front
Minor dent in alloy at the rear as well as scratches.

The other driver admitted liability and the insurance claim process began.

Is the driver (the one who was forced to avoid the oncoming car, and in doing so incurred the above to their vehicle), entitled to have their car fixed, and the bumper and alloy scratched and dents removed?

Would appreciate thoughts on the above. After first assessment by the garage the driver was told they could only realign the bumper. The driver is left with the scratches. Tough **** on the driver? Or should he go somewhere else and get it put back the way it was - scratches and all?

mickdw

If as you say the driver at fault has admitted liability, then the insurance will surely pay to put the car back into pre accident condition.
I would say that you are rather lucky that the other driver did admit liability given that there was no contact.

Liam McPoyle

tf2 wrote: »

Well folks, looking for thoughts on this situation.

Two cars involved in a very near head on collision. One driver texting on the phone drifts into the other lane. The car who was in the other lane swerves to avoid a head on collision. In doing so the left hand side of the car drives up onto a sort of embankment/ditch (no hard shoulder). The front of the car scrapes up and moves a considerable amount of earth.

This results in:

Scratches to the bumper left side
Bumper out of place slight where it meets the front quarter panel on the wheel arch
Minor scratches to brand new alloy at the front
Minor dent in alloy at the rear as well as scratches.

The other driver admitted liability and the insurance claim process began.

Is the driver (the one who was forced to avoid the oncoming car, and in doing so incurred the above to their vehicle), entitled to have their car fixed, and the bumper and alloy scratched and dents removed?

Would appreciate thoughts on the above. After first assessment by the garage the driver was told they could only realign the bumper. The driver is left with the scratches. Tough **** on the driver? Or should he go somewhere else and get it put back the way it was - scratches and all?

Absolutely 100%, the damages for the person that was ran off the road will be fully covered by the other parties insurance.

tf2

To add on to the above:

Would a driver be entitled to have the vehicle checked over and assessed at a main dealer? Just to ensure no damage underneath the bonnet. As well as having the 'cosmetic' damage looked after at the designated body repair shop?

mickdw

tf2 wrote: »

To add on to the above:

Would a driver be entitled to have the vehicle checked over and assessed at a main dealer? Just to ensure no damage underneath the bonnet. As well as having the 'cosmetic' damage looked after at the designated body repair shop?

I would have said that should be done without question. I can't see an insurer having any issue there as they need to cover themselves also. If for example they refused this check and the car crashed again due to remaining defect they would be screwed.
I'd be also looking at new tyres and having all wheels and suspension checked if the car was run up an embankment possibly over kerbs etc and a full wheel alignment report too.

tf2

mickdw wrote: »

I would have said that should be done without question. I can't see an insurer having any issue there as they need to cover themselves also. If for example they refused this check and the car crashed again due to remaining defect they would be screwed.
I'd be also looking at new tyres and having all wheels and suspension checked if the car was run up an embankment possibly over kerbs etc and a full wheel alignment report too.

The insurer is having none of it. Will only pay for repair work to be carried out. And at that they say the NEVER pay for estimates. So I'm stuck with a bill of around €85. Really frustrating. ...At least the dealership washed the car inside and out before I got it back.

Damien360

tf2 wrote: »

The insurer is having none of it. Will only pay for repair work to be carried out. And at that they say the NEVER pay for estimates. So I'm stuck with a bill of around €85. Really frustrating. ...At least the dealership washed the car inside and out before I got it back.

Tell them your solicitor advised you visit a doctor. That will change their tune.

tf2

Damien360 wrote: »

Tell them your solicitor advised you visit a doctor. That will change their tune.

Now that you mention it..... My neck has been at me... :rolleyes:

I just think it's a pretty ****y way to deal with someone who A) wasn't in the wrong, was nearly killed, C) Its taking up my time and energy trying to get it looked after.

Like its not that I dont have faith in the body repair shop to get the damage fixed. But I would still expect the main dealer to give the car a thorough inspection and sign off on it being mechanically sound - or identify issues if that were the case.

It's no Rolls Royce but it aint a rust bucket either!

To Elland Back

I may be reading this wrong, but are you dealing with the 3rd party's approved repairer? If so, ring them up as soon as you can to tell them you are off to a garage of YOUR choosing and will be sending them the invoice. Insurers can only insist THEIR policyholders go to an approved repairer under the terms of the policy contract. You are not bound by this in any way as a 3rd party

Get everything damaged in the accident fixed to your satifaction

seagull

Assuming that you are claiming off the other driver's insurance, you have the absolute right when the injured party to select where you want the repairs carries out. Also bill them for a rental car while your car is unavailable, and don't forget that they will probably give you compensation to the value of 10% of the repair bill as compensation for devaluation as a result of the damage, but only if you ask.