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Rear-ended at traffic lights - what are my options?

W

Willie Eckerslyke

Occasional Optimist
On Saturday, in a torrential downpour, I was sitting at traffic lights, third in the queue with another car stationary behind me. Lights go green, first car doesn't move so second car and I (third) also don't move. Whilst stationary, I'm hit from behind with some force. Turns out he saw the green light, failed to notice nobody was moving, and gunned it. His four year old Mercedes had bits all over the road, my fourteen year old Citroen C6 had bumper damage. He wanted to fix it without going through insurance... I did warn him that in the weather, and as I was in shock (it was a hard impact, and the headrest saved me from whiplash), I was not going to try to assess the damage there and then. Exchanged phone numbers and reg numbers.

Got text message "If you can assess damage and let me know I will pay for the damage. probably better than going through insurance."

Today, my garage assessed the damage and found that in addition to the bumper, the bootlid was distorted and a lamp unit cracked. They know it was all 100% before the impact, they serviced and MOT'd it last week.

I sent photos and the quote (c.£900) to the culprit. Now he is challenging the quote which he complains is "rather high against the overall value of the car" (cheeky bastard!) and wants a second quote or to go through the insurance.

So I check my insurance. I have £250 excess as basic, plus £550 voluntary, plus £200 if I want to use my own repairer - total £1000. In other words, if I make a claim, I get nothing, and because I'm a cheapskate I didn't opt for legal cover so they won't help me recover the excess!

If he won't pay up (I'm getting a second quote tomorrow) it seems I'll have to pursue him outside the insurance company route.

Any advice?
 
It is not your fault. Contact your insurance & let them deal with it, you will get your excess back. Also speak to your own insurance as to your whiplash injury they will love to process this for you.

The bloke who ran into you is an obvious cock, let him face losing his NCD & the resulting increase in premiums.
 
Thanks all. As I don't have legal cover, will my insurance actually pursue recovery of the excess, won't I have to do that myself? And if I make a claim, I've heard that my premiums will rise even if it wasn't my fault - that is one motivation for not claiming. The other is the fear of attempting to write off the car, or it going on the Cat register. Are these valid worries?
 
Politely tell him that his insurance company will deal with your insurance company if he doesn't want to pay the £900 required. If he says no then end all conversation there & then & inform your insurers who you pay to do just that in accident claims. You are not at fault, you will be fine although the car might get written off, just buy it back then for peanuts.
 
I would always go through insurance. I've heard some horror stories where damage done in an accident is seriously underestimated when people try to settle without involving the insurance companies.
 
Willie Eckerslyke said:
Thanks all. As I don't have legal cover, will my insurance actually pursue recovery of the excess, won't I have to do that myself? And if I make a claim, I've heard that my premiums will rise even if it wasn't my fault - that is one motivation for not claiming. The other is the fear of attempting to write off the car, or it going on the Cat register. Are these valid worries?
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They may be valid worries, but far less so than the worry of dealing with a chancer like the guy who caused the damage and now wants to get the repairs done on the cheap.
He'll shortly be telling you he has a friend who'll be happy to do the repairs for far less than your garage.
And if you've any aches and pains whatsoever as a result of the accident, see a solicitor.
 
Op go through your insurance let them deal with it you'll get your excess back if he's insured if he isn't insured you'll have to go down the small claims road for the excess but the car will be sorted under your insurance.

Regarding writing the car off my wife was in the same position as you except she ran into the driver in front at low speed, total cost of repair excluding medical claim from third party (whiplash) was £8,500, her car is only worth about £6000 and the third party's car probably only worth about £3000 neither cars were written off, this was last October.
 
In this instance, the damage has been professionally inspected and assessed, so I'm confident there is no material underestimation. The repairers have been known to me for over 25 years.
 
Inform your insurance company and let them deal with it. You are obliged to inform them in any case.

Have no further direct contact with the other party. Any communication from him should be referred to the insurance company.
 
Thorn said:
They may be valid worries, but far less so than the worry of dealing with a chancer like the guy who caused the damage and now wants to get the repairs done on the cheap.
He'll shortly be telling you he has a friend who'll be happy to do the repairs for far less than your garage.
And if you've any aches and pains whatsoever as a result of the accident, see a solicitor.
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I doubt that’s going to be much use with an injury worth less than £5k. That would be a small claims court jobbie and probably not worth the bother unless significant pain.
 
doctorf said:
I doubt that’s going to be much use with an injury worth less than £5k. That would be a small claims court jobbie and probably not worth the bother unless significant pain.
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As you know, doc, I retired many years ago and haven't felt the desire to keep up to date on levels of damages nor in costs. But I reckon it's worth having a word with a solicitor. He'll tell you if it's worth it. Also I understand that there's now a simplified portal for DIY claims if it is a small claim.
 
Willie Eckerslyke said:
Thanks all. As I don't have legal cover, will my insurance actually pursue recovery of the excess, won't I have to do that myself? And if I make a claim, I've heard that my premiums will rise even if it wasn't my fault - that is one motivation for not claiming. The other is the fear of attempting to write off the car, or it going on the Cat register. Are these valid worries?
Click to expand...
You’ve informed your insurance company.
That alone might increase your premium I’m afraid.
 
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