Insurance want to scrap my car, I don't agree.

[des8]

If you want , but you are better posting it on open forum as you could receive more input.

[Lenovo]

Ok here it is let me know what you think:

Dear Mr. XXX XXXXXX,
On the 26th of February 2018 at roughly 14:15 you crashed into the rear of my car with registration XXXX XXX while driving a van with registration XXXX XXX , this while I was queuing to come off the M66 at junction 2.

We agreed over the phone that since the liability and fault for the accident is wholly on your side that we would go through your insurance to cover the damages done to my vehicle. On the 8th of March 2018 having heard nothing from you or your insurers I called Allianz the insurers of the van with registration XXXX XXX, only to be told the vehicle was hired at the time and that they were not liable, they forwarded me to the correct insurers "Prestige" where I discovered to my dismay that no incident had been reported whatsoever and after I reported the incident as the 3rd party I was told I would be contacted.

Having heard nothing since, on the 19th of March I attempted to contact you and on the 20th of March you informed me via text message that I would be contacted regarding the repair of my vehicle, I have heard nothing since from any party.

Almost a month has passed since the incident and I am not satisfied with the total lack of contact and/or delay from your insurers and this leaves me with no option but to initiate court proceedings against you in order to have my vehicle repaired, which I will initiate if I do not hear from your insurers within the next 14 days. I do not wish to take this course of action but given the circumstance I am left with no choice, may I suggest that you pass this letter on to your insurers.

I will no longer discuss the matter over the phone or via sms but in writing only and preferably to my e-mail above. I hope that we are able to resolve this matter which I did not create as soon as possible.

Yours sincerely,

[des8]

Ok here it is let me know what you think:

Dear Mr. XXX XXXXXX,
On the 26th of February 2018 at approximately 14:15 hours you collided with the rear of my car with registration XXXX XXX while driving a van with registration XXXX XXX.
At the time of the incident I was stationary (?) in a queue to leave the M66 at junction 2

We agreed over the phone that since the liability and fault for the accident is wholly on your side that you would claim off your insurance
On the 8th of March 2018 having heard nothing from you or your insurers I called Allianz (who I understood were the insurers of the van with registration XXXX XXX,) only to be told the vehicle was hired at the time and that they were not liable, and the correct insurers were "Prestige" >
On contacting Prestige I discovered that no incident had been reported to them.
I reported the incident as the 3rd party I was told I would be contacted in due course,

Having heard nothing since, on the 19th of March I attempted to contact you and on the 20th of March you informed me via text message that I would be contacted regarding the repair of my vehicle, I have heard nothing since from any party.

Almost a month has passed since the incident and I am not satisfied with the total lack of contact and/or delay from your insurers
This leaves me with little option but to initiate court proceedings against you to recover all my losses flowing from this incident.
Whilst not wishing to take this action, be advised that if I do not hear from your insurers within the next 14 days. I will initiate action without further reference to yourself.
I suggest that you pass this letter on to your insurers.

I will no longer discuss the matter over the phone or via sms but in writing only and preferably to my e-mail above. I hope that we are able to resolve this matter which I did not create as soon as possible.

Yours sincerely,

Made a few cosmetic changes.
The most important alterations were deleting references to repair of your car.
I would expect this incident has cost you more than just the damage to the vehicle.so you don't want at this stage to limit your claim to car damage only.
Can you still drive the vehicle, or is it off the road?
When the car is off the road (if not now then when it is in garage for repair) there is the cost of a hire car to be considered.
Any extra fares?

You cannot receive a double indemnity for the damage, so you should also write to your own insurers and tell them you want to suspend your claim as you are considering claiming off the third party. Make it clear you are not withdrawing your claim completely but just putting it on hold. You need to let them know so there is no suspicion of fraud.

Send both letters signed for..

[Lenovo]

Thank you for your changes.

Trouble is I don't remember if I was stationary, I think I was or was going around 5-10mph starting and stopping, I was definitely going slow when he flew into the back of me.

The car is not driveable and is off road, but we have a spare car in the household we are using instead.

I have already told my insurance to hold via e-mail but I will tell them again, should I write to them as well or just re-email them?

[des8]

So amend "stationary" to "proceeding slowly in a queue of vehicles"

As you have an alternative vehicle you obviously can't claim for care hire, but keep a note of all your extra expenditure eg phone calls, postage,any extra travel costs etc
Email is fine (as long as you don't delete them!)

[Lenovo]

Ok letter went off 1st rec yesterday.

[Lenovo]

So Royal Mail attempted to deliver the letter today but no one was in. Not sure how this affects the situation.

[des8]

They should leave a note for the guy to come and collect.
If he doesn't just ask them (if you can contact the delivery office) to just put it through his door.
If that's not possible just resend with free certificate of posting

[Lenovo]

Well it looks like he is playing silly buggers, I have re-arranged delivery of the recorded letter because he's not picking it up and they cannot post it through the door. So it looks like I'l have to send out the letter again with a certificate of posting only.

Should I mention in the resent letter that this letter has been sent to him once before already via recorded?

I forgot to mention I am also injured from this accident and am to see a doctor again arranged by the legal company through my car insurance, I'm not sure whether or not I should drop this and go with another claims company both for myself and the car, since my own insurers are playing up anyhow (and are useless).

As for my own insurers other than telling them to take no action should I take any action against them? They have behaved like dodgy crooks, have not tried to follow up the other party and have made an outrageous valuation of the repair to fob me off with a write off mostly at my expense. I really would like to go legal all around but I'm concerned with costs.

[des8]

Well it looks like he is playing silly buggers, I have re-arranged delivery of the recorded letter because he's not picking it up and they cannot post it through the door. So it looks like I'l have to send out the letter again with a certificate of posting only.

Should I mention in the resent letter that this letter has been sent to him once before already via recorded? Wouldn't bother!

I forgot to mention I am also injured from this accident and am to see a doctor again arranged by the legal company through my car insurance, I'm not sure whether or not I should drop this and go with another claims company both for myself and the car, since my own insurers are playing up anyhow (and are useless).Sorry, but now confused! You have suffered personal injury? and are claiming for this from your own insurer? who has appointed assessors to deal with it. Is this because your policy covers personal injury? This is something that should be included in your claim against the third party.

As for my own insurers other than telling them to take no action should I take any action against them? They have behaved like dodgy crooks, have not tried to follow up the other party and have made an outrageous valuation of the repair to fob me off with a write off mostly at my expense. I really would like to go legal all around but I'm concerned with costs Your insurers do not have to engage with the third party. You can challenge their valuation, but if now claiming from the third party.there is no point. Although you are unhappy with your insurers I don't believe you have a case that would stand up in court.

Comments in red, but really not quite sure what damages you have suffered, or whose doing what!

[Lenovo]

Sorry, but now confused! You have suffered personal injury? and are claiming for this from your own insurer? who has appointed assessors to deal with it. Is this because your policy covers personal injury? This is something that should be included in your claim against the third party.

Yes exactly and my policy covers personal injury. They use a seperate legal company to deal with personal injury claims.

Your insurers do not have to engage with the third party. You can challenge their valuation, but if now claiming from the third party.there is no point. Although you are unhappy with your insurers I don't believe you have a case that would stand up in court.

Ok so I should go with the personal injury and vehicle damage claim with a seperate set of solicitors and drop the current company since it's associated with my current insurers who are being useless with repairing my vehicle?

Comments in red, but really not quite sure what damages you have suffered, or whose doing what!

In addition to the car my neck and upper back are still pretty buggered from the accident since it threw my head sharply to the right, I went to A&E after the accident they just said it should get better after a while and gave me painkillers, I had no idea you could claim for personal injuries at the time having never been in an accident.

[des8]

So yes, if I were you I would put on hold the claim with your own insurers, and include the personal injury in the letter to the third party.
If the third party had contested liability I would have continued your own insurers.
The claim against the third party includes all your losses (travel costs to hospital/doctor/physio etc, loss of work or having to use holiday time for visits etc etc ) as well as compensation for pain.

[Lenovo]

Hi DES8, sorry for the confusion, I mean using a completely new set of solicitors to claim for both the car and my personal injury and not my cars insurers and their associates, since they just want to scrap the car and I will have a record of an accident - I know they have ridiculously overpriced the repair as well by more than double, so it's pointless me dealing with them.

I'm just going to re-send the same letter tomorrow.

[des8]

If you are putting the claim with your insurers on hold, by all means use a different set of solicitors or do it yourself

[Lenovo]

This is what I mean, but how do I do it myself? ;P