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Old 16-04-2012   #16
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Doofer View Post
You can claim for all reasonable expenses that have arisen from this idiot.

E.g.:
  • Time taken to deal with the claim
  • Time and travelling expenses spent buying a new car
  • A hire car if necessary while you're without a car
  • Stamps, phone calls
  • Any time taken off work
  • Any other expense that has arisen as a result of this
Out of interest, are you thinking of getting a new Croma? I'm sure a few on here would also like to know where your old one is going so we can circle like vultures and scavenge the good bits from the scrapyard!
Yes, possibly, but has to be black, but it took me a fair amount of time to find the black one that I have now, but not for much longer.

If a late plate Black Croma 07 or 57 is not available, then may step down to a Multijet Multipla ( Husband wants one of these after his Stilo MW ) or a Multijet Sedici or a Multijet Qubo.
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Old 16-04-2012   #17
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by FiatFleetFamily View Post
Thanks for the advice. But CAT A likely, as A, B and C pillars have buckled as has the roof. Besides the repair cost if well over the 100% retained value.
Should be a CAT B as A means it has to be destroyed complete, B can still be broken for parts which this one should be. Hasn't been Fire damaged, involved in a fatal accident or contaminated with sewage / radiation
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Old 16-04-2012   #18
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

It's not up to their insurers to write it off. They have an obligation to return your vehicle to how it was before their client damaged it. I've heard of cases where people in your situation have had the other insurance company cover the cost of any repairs that were required. It does not matter that the cost of repair outweighs the market value of the car. Although I'm not sure what the extensive damage means in this situation.

I wouldn't be accepting any cash settlement from them. You want your car returned (or equivalent) in the condition it was in before their client crashed into it. Maybe speak to CAB about this, or your own insurers.
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Old 16-04-2012   #19
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

fight the cat A get it down to a b, keep the car it is yours sell the parts on to us that need them
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Old 16-04-2012   #20
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by arc View Post
It's not up to their insurers to write it off. They have an obligation to return your vehicle to how it was before their client damaged it. I've heard of cases where people in your situation have had the other insurance company cover the cost of any repairs that were required. It does not matter that the cost of repair outweighs the market value of the car. Although I'm not sure what the extensive damage means in this situation.

I wouldn't be accepting any cash settlement from them. You want your car returned (or equivalent) in the condition it was in before their client crashed into it. Maybe speak to CAB about this, or your own insurers.
Don't get your own insurance involved, thats where it often goes tits up once they get their grubby mits on it. They'll write it off (and they can), keep the salvage themself and them claim it back from the other side. I doubt CAB would be interested either, they'll say contact your insurance co

Yes OP could have the vehicle repaired if they insisted, but with damage to the 'B' pillar, short of reshelling it (which is probably what the £9k+ is) it'll never have the same structural integrity as before.
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Old 16-04-2012   #21
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by arc View Post
It's not up to their insurers to write it off. They have an obligation to return your vehicle to how it was before their client damaged it. I've heard of cases where people in your situation have had the other insurance company cover the cost of any repairs that were required. It does not matter that the cost of repair outweighs the market value of the car. Although I'm not sure what the extensive damage means in this situation.

I wouldn't be accepting any cash settlement from them. You want your car returned (or equivalent) in the condition it was in before their client crashed into it. Maybe speak to CAB about this, or your own insurers.
If you are in the RAC or AA (and as you drive FIATs why would you not be?) they offer free legal advice re such matters,. might be worth a call.
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Old 16-04-2012   #22
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by FiatFleetFamily2 View Post
... my husband wants to take the bus company to the cleaners.
The BusCo will only be worth pursuing for something lost `outside’ of what is already covered by insurance.

120416
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Old 16-04-2012   #23
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by arc View Post
It's not up to their insurers to write it off. They have an obligation to return your vehicle to how it was before their client damaged it. I've heard of cases where people in your situation have had the other insurance company cover the cost of any repairs that were required. It does not matter that the cost of repair outweighs the market value of the car. Although I'm not sure what the extensive damage means in this situation.

I wouldn't be accepting any cash settlement from them. You want your car returned (or equivalent) in the condition it was in before their client crashed into it. Maybe speak to CAB about this, or your own insurers.
All of the above is 100% entirely WRONG. They are required to put you back in the position you were before the accident - i.e. the owner of an undamaged car worth £x. How they get you back to that position is up to them - they can either repair it or replace it with another car worth £x.

Whether or not you involve your own insurers is entirely down to personal preference. Most people do, as usually it's simpler and they look after you a bit better (after all, you are their customer). I wouldn't personally, as I worked in insurance claims for years so I'm pretty comfortable with it all.

It sounds like a 100% clear-cut case (drunk, police involved, parked, insured) , so your insurers will get their money back and the no claims discount will not be affected. Unless it comes up for renewal while they're dealing with it, in which case they may want you to pay more for the renewal, but they'll refund it all after they settle it. But I'd hope in the clear circumstances they'd be able to show a bit of common sense and not charge extra even if this did happen.

All insurance claims are logged on a central database these days anyway, so whether or not you involve your own insurers you'll still need to declare it for the next few years. It shouldn't make any difference to future premiums, although a few insurers do think that people who have non-fault accidents are always partly to blame. So if you ever get a high quote from the odd company this is why.
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Old 16-04-2012   #24
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Caravadossi View Post
The BusCo will only be worth pursuing for something lost `outside’ of what is already covered by insurance.

120416
Their insurance company will pay for all of the OPs losses resulting from this crash. There would never be a need for the bus company to pay anything.
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Old 16-04-2012   #25
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Doofer View Post
All of the above is 100% entirely WRONG. They are required to put you back in the position you were before the accident - i.e. the owner of an undamaged car worth £x. How they get you back to that position is up to them - they can either repair it or replace it with another car worth £x.
Not strictly true, and I'm surprised with this response if you've industry experience tbh. As you'd know the exact ins and outs are a lot more complex, and vary depending upon if your the indemnified claiming, or a 3rd party, so saying ARC is entirely wrong is incorrect on your part.
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Old 16-04-2012   #26
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Doofer View Post
Their insurance company will pay for all of the OPs losses resulting from this crash. There would never be a need for the bus company to pay anything.
I view it differently.
The BusCo are liable for all of the losses of FFF2.
The InsCo are liable for - & pay-out on - the losses contracted.

120416
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Old 16-04-2012   #27
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Caravadossi View Post
I view it differently.
The BusCo are liable for all of the losses of FFF2.
The InsCo are liable for - & pay-out on - the losses contracted.

120416
Correct.
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Old 17-04-2012   #28
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Caravadossi View Post
I view it differently.
The BusCo are liable for all of the losses of FFF2.
The InsCo are liable for - & pay-out on - the losses contracted.

120416
Sort of - almost all insurance policies give full cover for all losses sustained by a third party as a result of their policyholder's negligence. This is generally a legal requirement.

Only very rarely do some very large companies have cover that excludes only certain parts of third party liability. Some have an "all sections excess" that means that the policyholder pays the first £x of a third party claim. Often the insurer still handles the third party claim, and gets the money back from them. I don't know whether it's still the case, but Royal Mail didn't used to have any insurance at all, and just paid all claims themselves. They were very much a special case though, and this was to do with the fact that they are entirely owned by the government/the queen.
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Last edited by Doofer; 17-04-2012 at 11:16.
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Old 17-04-2012   #29
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Most Easterly Pandas View Post
Not strictly true, and I'm surprised with this response if you've industry experience tbh. As you'd know the exact ins and outs are a lot more complex, and vary depending upon if your the indemnified claiming, or a 3rd party, so saying ARC is entirely wrong is incorrect on your part.
It doesn't make much difference whether you're claiming from your own insurers or the third party's - their responsibility is to put you back as you were before the accident.

The only grey areas are where the value of the car is disputed and/or the repair cost is close to the car's value. Then you get into the arguments about whether to repair or write off.

The suggestion that you could get anyone to pay treble the car's value for repair is nonsense.
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Old 17-04-2012   #30
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Re: Thankyou Mr Bus Driver. Now I am Gutted!!

Quote Originally Posted by Most Easterly Pandas View Post
Don't get your own insurance involved, thats where it often goes tits up once they get their grubby mits on it. They'll write it off (and they can), keep the salvage themself and them claim it back from the other side. I doubt CAB would be interested either, they'll say contact your insurance co

Yes OP could have the vehicle repaired if they insisted, but with damage to the 'B' pillar, short of reshelling it (which is probably what the £9k+ is) it'll never have the same structural integrity as before.
I would agree with this. Don't make the claim through your own insurance as they work on a 'knock' for 'knock' basis which is not in your interests.

About 10 years ago I used to be marketing manager for a firm of solicitors who handled the whole lot, worked entirely in my interests, and never involved my insurance co until it was all settled. Didn't cost a penny as it was up to the other party's insurers to pay his bill.
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Last edited by Radlet6; 17-04-2012 at 13:09.
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