Den Posted October 31, 2018 Share Posted October 31, 2018 Drained the water and opened all the taps and I take my pride and joy for a spin. Less than 1/2 mile from my house a van pulled off the local chippy carpark and hit the side of us. Sliding door a mess and the panel beyond. German Mh. Hence the sliding door on off side. I asked if he’d been drinking. I could smell it quite strongly. He said yes 1 pint. I didn’t believe him and got the wife to ring the police. He was desperate to leave the scene. I did get some info and within 5 minutes the police rang me back to say he was in custody. We go on holiday to Spain in 2 weeks !!!! Link to comment Share on other sites More sharing options...
Adiebt Posted October 31, 2018 Share Posted October 31, 2018 Feel your pain ! If he is insured then can you claim off his insurance to fund a replacement van for your hols ? I employed an accident management company when similar happened to me ( total liability by other party ) who ensured I had a like for like replacement vehicle . Hope u get sorted out ! Link to comment Share on other sites More sharing options...
Den Posted October 31, 2018 Author Share Posted October 31, 2018 The Police confirmed he is insured with Axa. Hopefully an easy company for my insurance to deal with. I’ll try and post a picture. Failed. Do t know how. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted November 1, 2018 Share Posted November 1, 2018 The usual reason for a photo not attaching to a posting is that the size of the file is too large. The ‘Attach a file’ procedure warns "Please note the maximum file size for attachments is 100KB.” Link to comment Share on other sites More sharing options...
PJay Posted November 1, 2018 Share Posted November 1, 2018 Sorry to hear of your plight. I 'm not sure WHY you drained down your water, if you are going to use van in 2 weeks? Perhaps you are NOt going to Spain in van? Anyway I hope you get your holiday , and enjoy yourselves. At least no one was hurt! PJay Link to comment Share on other sites More sharing options...
Brock Posted November 1, 2018 Share Posted November 1, 2018 Sorry to read your story and hope you get sorted without too much hassle. I'll take your danger warning because this month I will open the water drains and take the van for a spin. Link to comment Share on other sites More sharing options...
Den Posted November 1, 2018 Author Share Posted November 1, 2018 The reason I drained down is because we’ve had - 0 degrees and didn’t want the pipes and taps freezing. I did put the heating on for 3 nights and also it’s good to do a complete refresh. Yes we are / were using the MH to travel down to our appointment in Almoradí. Couple of items to take and enjoy the run to. Our first stop would have and hopefully still will be LeTouquet for my wife’s birthday meal before the long and very enjoyable slog. Link to comment Share on other sites More sharing options...
Den Posted November 1, 2018 Author Share Posted November 1, 2018 The latest saga. I’m insured with Scenic and underwritten by Axa whom are the insurance for the guilty party. The damage is worse than I first thought, from the sliding door he made contact with all panels to the rear. They say I’m not due a loan MH. THE 3rd party as not yet excepted liability. They say it could take 3 MONTHS. With my holiday in 13 days booked. !!! They took the driver into custody. I have a witness. He took responsibility yesterday evening. And yet they say we are not allowing us a loan vehicle Has anyone had any dealings with a company called. Fix Auto. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted November 1, 2018 Share Posted November 1, 2018 What does your insurance policy say about providing a loan vehicle? Link to comment Share on other sites More sharing options...
StuartO Posted November 1, 2018 Share Posted November 1, 2018 A friend of mine was provided with a loan vehicle after a no fault accident at the instigation (and cost) of the legal firm he used to manage the claim against the other driver, which was primarily concerned with injury. Providing the loan vehicle was simply done on credit (at no risk to my friend) because it was a no-fault accident, even though the loan went on for months.If the OP's own insurer doesn't want to help and the other driver's insurer doesn't voluteer a loan vehicle, he may be able to apprach one of these claims handling firms. Simply contacting the other driver's insurer and telling them that this is his intention might well change their approach - it will be in their interests to be proactive in managing the costs of an accident in which their policyholder has liability and these days most insurance companies do this. Link to comment Share on other sites More sharing options...
Alanb Posted November 1, 2018 Share Posted November 1, 2018 Den - 2018-11-01 10:33 AM The reason I drained down is because we’ve had - 0 degrees and didn’t want the pipes and taps freezing. I did put the heating on for 3 nights and also it’s good to do a complete refresh. Yes we are / were using the MH to travel down to our appointment in Almoradí. Couple of items to take and enjoy the run to. Our first stop would have and hopefully still will be LeTouquet for my wife’s birthday meal before the long and very enjoyable slog. Hmmm, I remember reading on a previous thread relating to roadside weight checks, that "it is illegal to discharge any fluid from a motor vehicle onto the highway". I understand that the term fluid in this context means liquid, and in the former thread it included fresh water. On a separate note, water has to lose approximately 80 times the heat to freeze, than it has to lower its temperature in a liquid state by 1C. This means that a short overnight drop in ambient temperature to 0C, is unlikely to cause freezing. Further if the water in the pipework is only slightly above ambient, heat will be lost at a very low rate. Alan Link to comment Share on other sites More sharing options...
Den Posted November 1, 2018 Author Share Posted November 1, 2018 In my airport transfer vehicle I carry complimentary bottled water and that started to freeze. Very slightly last week in the cold snap. 99.9% of water was dropped on my drive. Plus I use my compressor at low pressure to clear pipes. But being OTT and keeping all my vehicles in new condition, I always take them for a run to shake out any stubborn remains of water. It’s interesting to hear about the claims companies. Because the other driver is with the same insurance as me, you would never believe their attitude. Link to comment Share on other sites More sharing options...
Adiebt Posted November 1, 2018 Share Posted November 1, 2018 Den - 2018-11-01 9:14 PM In my airport transfer vehicle I carry complimentary bottled water and that started to freeze. Very slightly last week in the cold snap. 99.9% of water was dropped on my drive. Plus I use my compressor at low pressure to clear pipes. But being OTT and keeping all my vehicles in new condition, I always take them for a run to shake out any stubborn remains of water. It’s interesting to hear about the claims companies. Because the other driver is with the same insurance as me, you would never believe their attitude. Pizza delivery guy rear ended my Lotus Exige, new rear clam needed , was offered a Fiat Panda as a replacement , went to a claims management company recommended by my Lotus Dealership, was provided with a Lotus Evora for the duration of the repair . Process was painless , i only received what was due to me as the innocent party. Link to comment Share on other sites More sharing options...
Den Posted November 1, 2018 Author Share Posted November 1, 2018 I didn’t want to use a claim company. But because we are both AXA it’s painful I’m contacting one tomorrow. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted November 2, 2018 Share Posted November 2, 2018 The fact that you and the other driver are both insured via AXA is just as likely to complicate matters as it is to simplify them, as AXA won’t be able to avoid paying out for your ‘no fault’ side of the accident by recouping the cost of your vehicle repairs from the other driver’s insurance company. This link refers to courtesy car provision https://www.moneysupermarket.com/car-insurance/articles/replacement-vehicles-a-common-courtesy/ I’m sure that your plan to contact a claims management company is the right decision. Link to comment Share on other sites More sharing options...
Den Posted November 2, 2018 Author Share Posted November 2, 2018 Thank you Derek The attachment was very interesting and I will give AXA 1 last chance this morning before using a management company. They said yesterday it could take 3 MONTHS. To prove he was at fault. Even with the fact I have an independent witness, he was taken into custody and he hit me in the middle of our MH while I was passing So frustrating Plus they want to dictate the garage for it to go to and with some very bad reviews. To make matters worse when I used my iPhone to take a picture I dropped it due to me shaking. Cracked the screen and the speaker. Link to comment Share on other sites More sharing options...
StuartO Posted November 2, 2018 Share Posted November 2, 2018 I fear the Axa, as insurer of both parties, are showing signs of dragging their heels and giving priority to minimising overall costs in a way which will disadvantage you. Involving a claims handling company (or a suitable solicitor) may be the only way to get them to play fair. Good luck. Link to comment Share on other sites More sharing options...
Keithl Posted November 2, 2018 Share Posted November 2, 2018 Den - 2018-11-02 9:10 AM Plus they want to dictate the garage for it to go to and with some very bad reviews. Den, The insurance company CANNOT dictate which garage undertakes the repairs! They can offer incentives for using their 'recommended' repairers such as free courtesy car but CANNOT legally enforce anything. Keith. Here's GoCompare info on the matter https://www.gocompare.com/car-insurance/approved-repairers/ And a bit more legal info on the matter https://www.motorclaimguru.co.uk/your-rights-as-a-consumer.html# Link to comment Share on other sites More sharing options...
crocs Posted November 2, 2018 Share Posted November 2, 2018 Tell AXA that you intend to hire a motorhome for the duration that yours is off the road and will claim against the other party’s insurance. If they wish to help, fine, but if they do not, then go ahead anyway. Your case is solid. Link to comment Share on other sites More sharing options...
Brian Kirby Posted November 2, 2018 Share Posted November 2, 2018 Den - 2018-11-01 2:06 PM The latest saga. I’m insured with Scenic and underwritten by Axa whom are the insurance for the guilty party. The damage is worse than I first thought, from the sliding door he made contact with all panels to the rear. They say I’m not due a loan MH. THE 3rd party as not yet excepted liability. They say it could take 3 MONTHS. With my holiday in 13 days booked. !!! They took the driver into custody. I have a witness. He took responsibility yesterday evening. And yet they say we are not allowing us a loan vehicle Has anyone had any dealings with a company called. Fix Auto. As an additional insurance against being given the run around by Axa, as presently seems the case, have a look at all your other insurances (including your travel insurance) to see if any include legal cover. If they do, contact them pronto and explain your circumstances. It is not your insurance that owes you the replacement vehicle, it is the other driver's insurer - because it is his actions that have put you in the position you are in. You were driving along a road and the other party drove from a private forecourt into the side of your van as you were passing. So, in simple terms, he hit you and, on the face of it, his liability is uncontestable. Plus, you have an independent witness. In addition the damage to each vehicle will tell the same story. Damage along the side of yours, damage to the front of his. The insurance attaches to the vehicle, not the driver. Whether or not he is "done" for driving over the legal limit is a side issue, and has no bearing on the liability of the other driver under the third party element of his cover - assuming he was, actually, insured at the time. As the police have confirmed his insurer to you, I assume they will have verified his insurance is extant. One sharp letter from a solicitor should shake the lead out of Axa's shoes, and get them into pro-active mode rather than damage limitation mode. I imagine the solicitor may need sight of your insurance contract to verify what it says about their obligations to support you when involved in an accident, but this should not be relevant, since your claim is against the other driver. If the insurance route draws a blank, try Citizen's Advice, who usually have a duty solicitor who can give quick advice on your legal rights. If it will cost you money to pursue this avenue (the initial consultation will be free, subsequent action probably not), you should be able to reclaim your reasonable legal costs from the other driver's insurer in view of their lethargy in responding to your needs in a timely fashion. On the subject of repairs, you should make clear to Axa that your vehicle is a motorhome, and that damage repair will almost inevitably extend (have you checked these for damage?) to internal fixtures (kitchen block etc) that may need to be removed, replaced, or re-fitted to enable the panel damage to be made good. It is extremely unlikely that a normal body-shop is equipped or competent to handle these items plus the attached gas and mains electricity installations, including possibly oven, fridge, etc. The total cost of proper repair may eventually result in the vehicle being written off despite apparently slight, though extensive, damage. If fixtures are damaged, repair will involve the converter plus an approved motorhome workshop to price, source, and install, the necessary parts, so it will take some time to assess the full repair cost. I would say don't delay: first look for any sources of legal assistance that you may already have, then try Citizen's Advice. There is little question that your van cannot be returned to you in time for your booked trip, so your only means to undertake your booked trip will be a replacement vehicle. If an acceptable replacement can be sourced you should be able to get away, albeit possibly later than originally planned. Make sure to keep evidence of any additional costs you incur in the process (changed bookings, for example) but don't rush ahead and hire in your own name in the expectation of being to reclaim your costs, as this may later be contested by the other driver's insurer. Your first priority seems to me to be an equivalent replacement vehicle to be able to complete your trip, then the repair/replacement of your existing vehicle. Link to comment Share on other sites More sharing options...
Derek Uzzell Posted November 2, 2018 Share Posted November 2, 2018 But the other driver’s insurer is (apparently) also AXA... Link to comment Share on other sites More sharing options...
PJay Posted November 2, 2018 Share Posted November 2, 2018 Den - 2018-11-02 9:10 AM Thank you Derek The attachment was very interesting and I will give AXA 1 last chance this morning before using a management company. They said yesterday it could take 3 MONTHS. To prove he was at fault. Even with the fact I have an independent witness, he was taken into custody and he hit me in the middle of our MH while I was passing So frustrating Plus they want to dictate the garage for it to go to and with some very bad reviews. To make matters worse when I used my iPhone to take a picture I dropped it due to me shaking. Cracked the screen and the speaker. Sorry about your accident. probably going to be a lot longer than you think, sadly. What ever happens your insurers , will be hit any way, as both of you are with them! One would think that being the same company it should be quicker, as probably even in the Same office! We had an accident in our car on the A! at Doncaster a few years ago. They did dictate where it would be repaired , in Doncaster, We live near Portsmouth! This claim took over 3 years to settle, even went to court, as they would not accept total responsibility We even had more correspondence, AFTER the court case, left that up to the insurers to sort out Does your policy allow for a replacement vehicle? I do hope you get something sorted, or will you cut your losses and cancel your trip? Look forward to seeing how you get on# Good Luck PJay Link to comment Share on other sites More sharing options...
Derek Uzzell Posted November 2, 2018 Share Posted November 2, 2018 Details of AXA’s motorhome policy can be found here https://www.axaconnect.co.uk/axa-motorhome-pw.pdf/ Page 17 covers policy exclusions and these include loss of use and “Unless we provide cover under this insurance, any other loss, damage or additional expense following on from the event for which you are claiming." Link to comment Share on other sites More sharing options...
StuartO Posted November 2, 2018 Share Posted November 2, 2018 Derek Uzzell - 2018-11-02 2:22 PMDetails of AXA’s motorhome policy can be found herehttps://www.axaconnect.co.uk/axa-motorhome-pw.pdf/Page 17 covers policy exclusions and these include loss of use and “Unless we provide cover under this insurance, any other loss, damage or additional expense following on from the event for which you are claiming." That exclusion would not limit a claim against an at-fault motorist who caused the accident, even if he was also insured by Axa. Link to comment Share on other sites More sharing options...
Brian Kirby Posted November 2, 2018 Share Posted November 2, 2018 Derek Uzzell - 2018-11-02 10:49 AM But the other driver’s insurer is (apparently) also AXA... Yes, which I suspect, as you pointed out above, is why Dennis is getting the run around. He really needs to speak to someone more senior within AXA to see if they insist on their present foot dragging exercise, or whether they are prepared to be more flexible and agree to a hire. Dennis hasn't said whether the damage extends below the skin of the van, but with a side impact I'd be somewhat concerned that something, even if only fixings, may also have been damaged as the side wall must have taken quite a shove form the other vehicle. I'm also a bit inclined to think that if the panels need to be replaced, the bodyshop will probably need access to the internal ribs etc, meaning that furniture will need to be removed and re-fitted for them to do the job properly. As I said, I have doubts about the competence of a regular bodyshop to do this. All this is speculation, of course, as we haven't yet seen any pictures of the damage. What I'm trying to get at is that I think this may well be a long repair process, and Dennis' only realistic hope of making his planned trip is if he can obtain a replacement van. Hire would, of course, be expensive, but would be the only route I can see to return him to the status quo ante, which is where he ought to be. I'm afraid I have lingering doubts as to whether he can press this under his insurance, even though it is the other party's liability. I don't know what Axa's (or any other insurer's) contractual liability for consequential loss is, but I imagine that they may well argue that it doesn't extend beyond reimbursing his actual travel losses (tickets, booking deposits, etc.). That is where I think the legal advice may be helpful. If Dennis' only chance of being able to make his trip is a hire van, and Axa have no contractual obligation to meet that cost, then the sooner he knows this, and what actual obligation Axa does have to reimburse/compensate him for his consequential loss of holiday, the sooner he can begin to consider alternative plans. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.