What should I do here?

Discussion in 'General Chat' started by wiz, Feb 14, 2014.

  1. wiz

    wiz
    Distinguished Member

    Joined:
    Aug 20, 2000
    Messages:
    4,471
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +4,198
    Guy pulls onto my drive to turn around and manages to 'clip' my low front wall which in turn results in the whole wall falling over.

    To be fair he knocks on the door and reports it to us. He says he has a mate who can rebuild the wall. I say that's ok BUT we MAY not go with his mates quote and get our own quotes for the work. We contact his mother ( it's her van and policy) and she says that there's not much damage to the van so the wall must have been defective in some way (There was nothing wrong with the wall ).
    The only damage I noticed to the van was a hole above the wheel arch which I suspect as he reversed caught the cap on the end of the wall and pulled the whole thing over.

    We have now received a letter saying that because we have rejected there mates option they are only willing to pay for the excess and to claim through our insurance. They reckon that they are only liable to put back to wall to its original state. This is impossible because the whole wall was destroyed

    Is this right?
     
  2. Geordie Jester

    Geordie Jester
    Active Member

    Joined:
    Oct 14, 2003
    Messages:
    1,437
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    66
    Ratings:
    +156
    You should let them rebuild. Then everyone's happy.
     
  3. Doug the D

    Doug the D
    Distinguished Member

    Joined:
    Oct 16, 2010
    Messages:
    9,130
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Dorset
    Ratings:
    +14,964
    I think this is completely fair tbh. They've offered to rebuild it (I'd imagine at their cost. Although you say you may not go with his mates quote, there's no mention of you having to pay, he seems to be saying that his mate can rebuild the wall), you've said no. So they've offered to go through the insurance company. I'm not sure what issue remains.
     
  4. Sloppy Bob

    Sloppy Bob
    Distinguished Member

    Joined:
    Jul 6, 2009
    Messages:
    3,992
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +3,156
    I can understand why you don't want his mate to do it as he might be a complete cowboy, therefore the only other option is to claim on your insurance. However your insurance will probably just launch a claim against their car insurance which it doesn't sound like they realise, from what you're saying they think your insurance is going to pay for it.

    Let the insurance sort it out.
     
    • Like Like x 1
    • Agree Agree x 1
    • List
  5. Mr_Wistles

    Mr_Wistles
    Distinguished Member

    Joined:
    Mar 11, 2004
    Messages:
    12,109
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Essex
    Ratings:
    +3,035
    I would do the above.
     
  6. wiz

    wiz
    Distinguished Member

    Joined:
    Aug 20, 2000
    Messages:
    4,471
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +4,198
    Hi
    No there not offering to go through their insurance, they are simply offering to pay my excess and I am to claim off my insurance...and I did not out right refuse this builders offer I just said I may want to go with someone else
     
    Last edited: Feb 14, 2014
  7. wiz

    wiz
    Distinguished Member

    Joined:
    Aug 20, 2000
    Messages:
    4,471
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +4,198
    That's where I'm coming from...Ta!
     
  8. True Romance

    True Romance
    Distinguished Member

    Joined:
    Feb 7, 2005
    Messages:
    6,965
    Products Owned:
    1
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Wolverhampton
    Ratings:
    +3,031
    Go through your insurance as this can quickly get messy.
     
  9. paulyoung666

    paulyoung666
    Distinguished Member

    Joined:
    May 4, 2006
    Messages:
    13,510
    Products Owned:
    1
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Teesside
    Ratings:
    +3,841
    Even if they pay your excess then I reckon your premiums will go up because of the claim , don't forget insurance works in mysterious ways , very mysterious usually ......
     
  10. phillyd1981

    phillyd1981
    Well-known Member

    Joined:
    Dec 10, 2006
    Messages:
    2,574
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    136
    Ratings:
    +1,477
    Phone up your insurance company and ask weather they would pursue a claim with the vehicles insurance no harm in asking.
     
  11. Kieron

    Kieron
    Moderator

    Joined:
    Aug 25, 2004
    Messages:
    13,062
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Lancashire
    Ratings:
    +5,149
    You hand over all the details to your insurance company who in turn will go after their vehicle insurance cover. It's not up to the van owner to make offers and demands. Just put it in the hands of your insurers who (trust me) will go after the vehicle insurance rather than pay for it themselves!
     
  12. SBT

    SBT
    Banned

    Joined:
    Mar 19, 2011
    Messages:
    11,150
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +5,831
    Should have phoned the police as soon as it had happened.
    He'll probably deny all knowledge of it now, unless you have photos?
     
    • Like Like x 1
    • Agree Agree x 1
    • List
  13. TsaraBomba

    TsaraBomba
    Well-known Member

    Joined:
    Sep 22, 2010
    Messages:
    3,548
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    136
    Location:
    Derry
    Ratings:
    +887
    From working in the claims industry and have come across this many many times. I would have taken him up on his offer to get his mate to do it. That way you get the wall back the way its was,there is no claim against your policy and your No Claims Discount remains unaffected and better still your not out of pocket.

    If you decide to go through your own insurance you will have to pay an excess and they may, MAY try and seek recovery from the offending party. Its all down to cost. Is the cost involved worth the hassle in seeking recovery?

    If they don't decide to go with the recovery option then your No Claims Bonus will be affected and you will have no say.

    Its states in the majority of policy booklets that I have seen "we will decide how to settle your claim".

    I would contact him back and ask if he is willing to get the repairs done through his mate
     
  14. phillyd1981

    phillyd1981
    Well-known Member

    Joined:
    Dec 10, 2006
    Messages:
    2,574
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    136
    Ratings:
    +1,477
    SBT He said has received letter from the driver in his OP.
     
  15. gibbsy

    gibbsy
    Moderator

    Joined:
    May 17, 2007
    Messages:
    13,588
    Products Owned:
    3
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Cwm Cynon, De Cymru
    Ratings:
    +7,594
    My mate has had experience of his garden wall being demolished by cars, several cars. He lives at the bottom of a hill, on a bend on the A470 through the Brecon Beacons. The last car to demolish the wall was upside down and half into his garden. On all occasions he has claimed against the driver's insurance and had the wall completely rebuilt. First thing he does when they get an incident is to take photos once they have made sure the car's occupants are safe.
     
  16. Doug the D

    Doug the D
    Distinguished Member

    Joined:
    Oct 16, 2010
    Messages:
    9,130
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Dorset
    Ratings:
    +14,964
    Ok, that's a bit clearer now. In that case, no chance! Let them pay through their van insurance then, that's why we pay insurance on our vehicles...
     
  17. jassco

    jassco
    Distinguished Member

    Joined:
    Feb 10, 2009
    Messages:
    6,127
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +3,190
    I've never had to do this myself (and I'm agreeing with you here Doug) - surely rather than going through your own insurer, you should take his details down and contact his insurer directly? The OP has the letter admitting guilt, therefore it should be an open and shut case.
     
  18. aVdub

    aVdub
    Distinguished Member

    Joined:
    May 27, 2010
    Messages:
    9,093
    Products Owned:
    9
    Products Wanted:
    5
    Trophy Points:
    167
    Location:
    63°34'41.1"N 83°51'49.4"E
    Ratings:
    +12,276

    Why would you involve the police in a civil matter?
     
  19. SBT

    SBT
    Banned

    Joined:
    Mar 19, 2011
    Messages:
    11,150
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +5,831
    So if someone knocked your wall down you would be ok with him to drive off, with just a promise his mate would rebuild it?
    They could give you any old details, and by the sounds of it are trying to get out of paying for the repairs already.
    Could end up being a 'their word against yours'
     
  20. wiz

    wiz
    Distinguished Member

    Joined:
    Aug 20, 2000
    Messages:
    4,471
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +4,198
    Re the wall integrity I believe of course the wall would have lasted til the next ice age. They believe any puff of wind would have taken it down :)

    We also have legal cover and have been informed that they can recover the excess
     
  21. NorvernRob

    NorvernRob
    Distinguished Member

    Joined:
    Apr 23, 2006
    Messages:
    4,332
    Products Owned:
    1
    Products Wanted:
    0
    Trophy Points:
    166
    Location:
    Sheffield
    Ratings:
    +3,325
    Sounds like he could be fronting on his mothers insurance as well.
     
  22. nheather

    nheather
    Distinguished Member

    Joined:
    Oct 6, 2004
    Messages:
    19,751
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    167
    Location:
    Horsham, West Sussex
    Ratings:
    +10,034
    Given what he and his mum are now saying I would be inclined to stop any discussions with them and put it through your house insurance (who will claim off the van insurance).

    I would never accept an offer of "my mate can fix it" unless that mate is actually a builder with decent references.

    Cheers,

    Nigel
     
  23. Wahreo

    Wahreo
    Distinguished Member

    Joined:
    Oct 11, 2012
    Messages:
    15,378
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    166
    Ratings:
    +12,594
    Get the guys Mate to build the wall, unless his Mate is called Dave, in which case go through your insurance.
     
  24. aVdub

    aVdub
    Distinguished Member

    Joined:
    May 27, 2010
    Messages:
    9,093
    Products Owned:
    9
    Products Wanted:
    5
    Trophy Points:
    167
    Location:
    63°34'41.1"N 83°51'49.4"E
    Ratings:
    +12,276

    As stated by the OP


    Why would you call the police. What more than the above could they do in a civil matter?
     
  25. Geordie Jester

    Geordie Jester
    Active Member

    Joined:
    Oct 14, 2003
    Messages:
    1,437
    Products Owned:
    0
    Products Wanted:
    0
    Trophy Points:
    66
    Ratings:
    +156
    what happened with this OP ?!
     

Share This Page

Loading...