23 replies to this topic

[wilsonch]

After some friendly advice regarding an insurance matter, not mine but someone i know.
They have a bmw mini that they love but have just had a minor shunt. Run into the back of someone very low speed (about 5 to 10mph) but has done a fair bit of damage considering speed.
Theres no question that they are at fault.
The third party have had a quote for repairs of several thousand. A main dealer quote for rear end/bumper damage. This is what it is and theres no arguing with the quote as hes at fault.

My question is, does the mini owner have to claim for the repairs to their car or can they just repair it themselves. The simple fact is looking at the damage, from the insurances point if view it would be 'uneconomical to repair' but he is adamant he wants to keep it and repair it himself (which he is quite capable of doing).
The air bags didn't go off and the rest is bumpers, bonet, lights all that stuff.

Has this happened to anyone or does anyone know if this is allowed?

Help appreciated.

[KTS]

assuming it's fully comprehensive insurance they have a choice as to whether they claim for damages to their own car from their insurer or not

[stuart bowes]

this is where I get a bit confused with insurance, assuming after a crash both cars are carted away by rescue trucks and taken to the the nearest repair place registered with your company (my one write off was taken to the local ford garage even though it was a BM)  at that point both cars become the property of the insurance company do they not?  and in that case do you have to 'buy' your own car back, or can you just tell them you're taking it back and they have to just let you take it?

 

it's simpler if you managed to drive it home of course, you just waive your claim and do the repairs, I've done that myself twice now (I don't just go around crashing all the time honest lol)  and assuming it was your fault (mine were as well.. doh) they claim against you and your premium goes up for a while then back down again that's it

 

if you've rear ended someone you probably also will get stung for a totally fraudulent whiplash claim as well but there's really not much you can do about that except be angry for a while however much you insist it was 5mph and she got out and jumped around all the over the place being angry about it and waving around gesticulating like a wild animal with no signs of any sort of pain .. but I digress

 

as long as your car passes the next MOT that's it all done and dusted (really you should be made to go and retest after repairs, but seemingly that isn't a thing.  or if it is, I didn't bother and I got away with it)

Edited by stuart bowes, 15 December 2023 - 11:14 AM.

[KTS]

..why would an insurer have any rights to your vehicle if you have not made any claim against the policy ? 

[stuart bowes]

I don't know, I just remember when mine was taken away and written off by the assessor they rang and asked if I wanted to buy it back or if I would accept their offer

 

maybe I misunderstood what they were saying to me ?   in that instance I just took their offer and bought a different car due to values all being relatively low (and I'd opened it up all down one side like a tin of beans, no way I was gonna fix that myself)

 

I did say it was confusing to me 

Edited by stuart bowes, 15 December 2023 - 11:50 AM.

[Bobbins]

......  at that point both cars become the property of the insurance company do they not?  

 

No, the car only becomes the property of the insurance company at the point the claim is settled. 

[stuart bowes]

Ah so you can just go and take it away then and say no thanks I'll fix it myself (arranging transport if necessary)

 

I must have misunderstood the assessor at the time although like I say keeping it wasn't in my interest so I never got to find out 

Edited by stuart bowes, 15 December 2023 - 11:48 AM.

[Ethel]

His no claims & accident history will take the same battering because of the claim by the driver he rear ended whether he claims for his own damage or not. It'll be not claiming & paying for the repairs -vs- claiming, if he's offered buy back, and the implications of having it recorded as a write off.

 

My instinct would be for the first option, if it's not too costly. There'll be lots of similar claims, but usually where a truck or tractor scuffs a bit of paint while totalling a car. He'd have to do some research to make a properly informed decision, but if he's thinking of going that route he should recover the car to somewhere under his control, if it isn't already.

[Ethel]

Ah so you can just go and take it away then and say no thanks I'll fix it myself (arranging transport if necessary)

 

I must have misunderstood the assessor at the time although like I say keeping it wasn't in my interest so I never got to find out 

 

Yes, but if it's been assessed there's a danger it could bight him on the bum when he tries to reinsure it

[stuart bowes]

yeah I see, and presumably on resale it has to be listed as Cat D or Cat N or whatever it is 

 

so it's better to just limp it home and do the 'assessing' yourself if you can I guess

[wilsonch]

Thanks for the advice.

Both cars were driven home by their owner.
The third party got out and had a chat with the driver and all was good. Theres also dash cam footage for back up.
No insuranece is involved.... Yet.

The third party said we dont have to go through the insurance but when he gave that initial assessment quote of thousands it becomes a claim.
If it was 1500 quid from bobs body shop it might be worth considering.

If it becomes a third party but no claim from the insured driver i assume he'll be allowed just to repair it himself.

[Ethel]

I'm not up to speed on the process, but there are plenty of vultures making a living of it. You can rest assured an assessor will have made a report in order to get paid if they've inspected the car. I'd think, though I'm not certain, the car can be categorised regardless of what the owner does in the way of repairs. It would be wise to settle that, in writing, with the insurers before proceeding. Then look at how it's likelty to effect premiums & valuations in the future. Even if you wanted to keep a car, knowing what you're likely to get if it's bumped again & written off will be important, if you have to find a replacement.

[stuart bowes]

yes he can repair his own no problem

 

obviously as long as it's done to a satisfactorily road worthy condition, lights being correctly aligned being one thing that comes to mind as the most obvious possible issue

[Ethel]

Thanks for the advice.

Both cars were driven home by their owner.
The third party got out and had a chat with the driver and all was good. Theres also dash cam footage for back up.
No insuranece is involved.... Yet.

The third party said we dont have to go through the insurance but when he gave that initial assessment quote of thousands it becomes a claim.
If it was 1500 quid from bobs body shop it might be worth considering.

If it becomes a third party but no claim from the insured driver i assume he'll be allowed just to repair it himself.

 

 

It's a potential minefield not involving your insurers for a third party claim. You're still under an obligation to declare the accident & it could invalidate your whole policy.

[stuart bowes]

worth being aware of possible pitfalls I guess but surely you are still 'declaring' it (or the 3rd party is when he makes the claim)

 

then you get a call from the insurer and you confirm yes it is true, but you're not making a claim for your own car because you're doing your own repairs as it's just minor damage

 

that's what I did a couple of times now and I've not had any issues at all

 

once they asked me what the damage was and actually I sent them a picture with the headlight already replaced and just a scuffed bumper left over with a fog light cover missing and that was that I heard nothing back

 

I just see it as being the owners responsibility to be aware of the cars worthiness for the road that's the main thing, and I suppose if you're worried you could always stick it in for another MOT to be sure and that would be more than enough backup to say you had it checked (they can check headlight alignment as well)  or give it to them first and see if they find any major structural damage (sounds unlikely)

Edited by stuart bowes, 15 December 2023 - 02:30 PM.