Auris Hsd - Insurance Woes

[JamieDow]

Hi all,

My 61 plate Auris HSD with 8300 miles on the clock was hit by some dosey mare last Monday.

Hit in the front nearside quarter (panel, alloy, bumper, headlight and wheel arch taking damage at 20MPH tops).

Turns out that the insurance company want to write it off.

I couldn't believe that my car is worth so little given that the rest of it is immaculate (words even used by the body shop). I get that you lose a lot of value when you drive it off the forecourt but still. £23.5k down to what they are claiming is now worth £12.5k in 8 months. Wow!

Has anyone had experience with the Toyota Gap Insurance and making a claim? Looks like i'm going to have to make a claim if i'm ever going to be able to afford another car.

J

[mcdrivingschool]

My Car insurance will replace a car that is under 12 months old with a new one if written off, but that is a driving school policy not sure if private car insurance is the same.

Martin

[JamieDow]

Thanks Martin, wish I was that lucky. Just wondering what sort of time frame I would be looking at for Abraxas (underwriters) to pay out for the gap insurance. Not liking having to bike to work in the bad weather.

[mcdrivingschool]

When I brought my Yaris Hybrid last month I asked my car insurance about gap because they also do gap insurance for driving school cars (most finance companies won't cover them) they told me not to bother until the cars 12 months old because it will get replaced with a new one.

When we picked the car up the sales man said about gap insurance when I said my insurance covers it for the first 12 months he didn't sound surprised which makes me think more policies do.

[Ethanedwards]

Comprehensive insurance. usually has a clause that says if your car is 12 months old or less then if the company write it off they MUST replace it on a like for like basis.

However since the OP was not at fault then he can (and should) insist that he is placed in the same position as he was prior to the accident. ie Absolutely refuse point blank to go along with the companies write off suggestion. Stand your ground.

As an innocent party ALL the cost will be recovered from the guilty parties company. If your company refuses to co operate then issue proceedings against the other party and her company for the full amount of the claim and add in your costs / time as well.

Last time I had to get my car repaired i charged the other parties insurer for two hours of my expensive time taking my car to and from the repairers (as well as for 5 days of car hire- LR Disco 3 cost a fortune!) I got a cheque for 85 quid from them. Just justified the demand by showing them my P60 and said thats what i get paid so thats what I want. Wrote a good stroppy letter for that one! it was very satisfying as well.

Utilise the legal protection section (if you bought it) of your policy. 99% of the time the threat of legal action and a 'stroppy knowledgeable' plaintiff will cause the companies to become much more flexible.

Incidentally why are you without a car? Even if your insurance didn't cover a hire car, YOU are the innocent party so her insurance will have to pay for a hire car. You urgently need to wise up and seek legal assistance.

[Ethanedwards]

Just checked Direct line has the replacement clause as "Section F - new car cover". But from memory it's a pretty standard private individual comprehensive cover inclusion....

Car has to be 12m or less old and you have to be the first recorded keeper. If the repair cost is over 60% of value they will replace with one of same make model condition etc.

There you go.

[JamieDow]

That's great thanks guys. I have a hire car from them for now (I only have to pay £15 for the fuel 'surcharge') which I have every intention of claiming back as I had a full effin' tank and can guarantee it won't be when I get it back. Being without a car was due to me only being provided a car for two weeks after the decision has been made by the insurers, not sure where I stand if I contest it but as you say not my fault.

I do have the gap insurance and worst case scenario is I claim on that to get the differnce back but i've never had to use it before (hey i've never had it before).

She admitted liability at the roadside but lord knows what she has or hasn't admitted to after.

Appreciate the guidance all :-)

A distinctly happier James looking forward to getting back on the road in my own car (well one that I own anyway)

[Madasafish]

I always keep a notepad and pen in the car. When someone crashed into the back of me and admitted liability verbally, I quickly wrote "I admit liability for the crash with .... on ..... etc" and asked them to sign and date it. They did. (After a crash people will sign cos they are full of remorse. calculating behaviour follows days later unless they are psychopaths...)

I took a copy and sent the original to my insurance company with my claim.

No hassle immediate settlement...

[JamieDow]

Fortunately I had a witness who saw them and has agreed to provide insurers with an account of events. I would imagine as she pulled out of a side road across give way markings and hit me from the side that it's going to be pretty straight forward right?

*insert nervous look here*

J

[Chris Dance]

I thought Toyota insurance covered a new car replacement in the first year. Gap insurance should pay out the difference to the write off price and a new car. I hope you get it sorted soon. Keep us informed.

Check this out there is a short video you may find of interest:

http://www.ala.co.uk/gap-insurance-what-is-it.html

[acetip]

Never take any notice of what a driver says after an accident that is their fault no matter how remorseful they seem.

they soon change there mind afterwards after getting 'advice' from friends etc.

i got hit by a women towing a trailer,she was crying and saying how sorry shes was.and would pay if i fixed the damage to my car.

Insurence said reps would cost about £1500 but i had bumper done for £40 by a specialist and picked up a s/hand rear lens.for £5.

When i phoned her she did not want to the know. when after several phone calls to her with the same result i manage to get her husband,who she had not told about the accident. He sent me a cheque for the full amount.

i should have included my time the fuel for the running around,which i had not done.

[Ethanedwards]

Always pays to have an impartial witness with a perfect recall on board.

I have one of these

http://www.ebay.co.uk/itm/IN-CAR-NIGHT-VISION-VIDEO-CAMERA-RECORDER-CCTV-HD-DVR-TFT-2-5-LCD-UK-STOCK-/190666305483?pt=UK_CarsParts_Vehicles_CarParts_SM&hash=item2c6498efcb

Always on when the ignition is on. Dated and timed video captured on an SD card.

Not bad for less than £30 is it.

[JamieDow]

Funny you mention that I have on order (ordered it about 24 hours before the incident) an in car DVR with gps. Paid a fair amount more but figured what with all the whiplash claims and 'It wasn't my fault honest' approaches nowadays I felt it best be safe than sorry.

Knew I should've paid for next day delivery :(

[Chris Dance]

Just checked my Toyota Insurance policy and it clearly states that if a new car is written off in the first year you get a new replacement car. My gap insurance is valid for 36 months.

In the past we have had a person own up to an accident and then withdraw the statement later. Insurance policies usually state never admit fault if an accident occurs.

[acetip]

A camere seems a good idea, but it cannot (unless i am missing something) see behind as well as the front or the sides in a accident.

[Ethanedwards]

Indeed no it cannot see behind or to the side. But it's better than nothing isn't it. It's a wide angle lens covering a decent say 120 degree front arc. Good enough for under £30

My concern is the people who stage a incident in front of you to enable the phoney whiplash claims at your expense. This should help in that scenario.

[Bibsy]

Indeed no it cannot see behind or to the side. But it's better than nothing isn't it. It's a wide angle lens covering a decent say 120 degree front arc. Good enough for under £30

My concern is the people who stage a incident in front of you to enable the phoney whiplash claims at your expense. This should help in that scenario.

At that price you could buy one for the back as well.

[johalareewi]

They are £17 on Amazon delivered.

[JamieDow]

I complained about the expectation that it should be written off given the speed of the accident. It went to a new bodyshopyesterday and low and behold i'll have it back in 3 weeks after being repaired by a Toyota approved bodyshop.

Success!

[Chris Dance]

I thought it went to a Toyota approved body shop in the first place????? I would not let our Prius go anywhere but a Toyota approved body shop for repair. Pleased to hear you have the outcome you wanted.

[JamieDow]

I was told that the original garage was, but digging found out they were not. I was pretty firm but polite and they caved stating that they did not know whether they were actually approved as they don't store those details. Turns out my boss also knows the owner so it may be ready sooner :-)

[Opifex]

I was told that the original garage was, but digging found out they were not. I was pretty firm but polite and they caved stating that they did not know whether they were actually approved as they don't store those details.

So they were misleading the customer by claiming something that wasn't true. Sounds like a case for Trading Standards to me.

[JamieDow]

I have documented it and requested copies of both phone calls from them seeing as they record for 'quality and training' purposes. Once i've finished dealing with the claim overall then i'll raise it. :-)

[Ethanedwards]

All fixed now?

I just bought GAP insurance for mine. Did not buy from the finance provider.

Deferred coverage for the first year because (most) Comprehensive gives you a replacement new vehicle anyway in the first year (mine does). So why buy double coverage for year one?

Anyway (and this is the bit I thought you all should know) you have up to 180 days from purchase in order to buy it.

Cheers,

[JamieDow]

Not fixed yet, parts are all in and work started. Two weeks to get it back good as new. :)