car accident claim against other driver is now against me - please help!

[lingle]

In early December I was driving along the road. The car in front of me halted. I halted too. He then backed into me causing minor damage to my paintwork.

I made various calls to my insurer, cooperative insurance limited. It was the usual kind of thing - finding the number, dealing with the screaming children, apologising down the phone a lot so I didn't make notes. But I went through the claim and was assured that paperwork would be sent to me but any claim would be made on the other driver's insurance so I would not have to pay anything. I agreed to have a courtesy car. The repairs were to be done at a garage 15 miles away - very inconvenient.

The courtesy car people, Albany, seemed very confused and initially thought they were dropping off the car at my house. We told them to send it to the garage.

My husband did the trips to and from the garage. He signed a contract with the courtesy car company. When we picked up, the garage man apparently said to him "there's a clause here saying there's a £200 excess to pay but that makes no sense as the person having the repairs done wouldn't have a coutesy car". My husband thought nothing of it, picked up the car and went home.

Then the garage called saying there was a £200 excess to pay. I told them the claim was on the other party's insurance and asked them to sort it out with the other parties.

This morning, cooperative called and said that the garage won't release the hire car back to the courtesy car company and that they had had the repairs done on my insurance, not the other party's insurance. They say I am liable for the £200 excess and more seriously for the car hire charges for several weeks. Help, this is a month's worth of car hire!

I told them that I don't understand the insurance industry well (absolutely true!) but that I had been assured when I claimed that the claim would be on the third party's insurance, not mine. The cost of the repairs must have been small and I told them that I would never have agreed to the inconvenience of my husband taking two mornings off work to travel 15 miles had I thought I would have to pay something. Instead I would have gone to my local garage.

Please advise!! I'm sure that the paperwork will all be against me but really feel I've been misled. I think that maybe co-op assumed liabliity would be admitted and apparently it hasn't been (pretty odd as I was stationary at the time of the accident and he backed into me).

My mum had to pay the excess regardless to release her car and then was repaid later when the claim was settled.

Really? Presumably she was aware though that she was claiming on her own insurance?

£200 is not that big a deal if it gets paid back. It's the idea of the car hire charges that worries me.

Have you got uninsured loss recovery insurance, it is normally an "add on" to your car insurance. You would probably still have to pay up-front for your uninsured losses (ie excess and car hire charges etc) and then they would recover/fight for recovery on your behalf. Your insurance company/broker should have made you more aware of procedures.

Good luck.

I have a car insurance claim ongoing at the moment and as liability isn't established I have lost my excess in the payout for my car and will have to claim it back.
Because he is probably now saying you went into the back of him to save his no claims etc and you'll, like me, have to battle it out!

no , other driver (foreign lorry) seemed to have admitted liability then retracted once it was followed up . Took almost a year to resolve and even then it was n't clear cut

Hi, I've had a couple of claims which were against the other driver, and had to pay the excess direct to the garage, then my insurers paid me it back when they got it back from the other insurers. I think that's the usual thing. Actually I'm very surprised the garage let your husband take the car back without paying the excess.

The courtesy car/ hire car is more complicated - different insurance companies do it in different ways so you'd have to check your paperwork. But they shouldn't have been letting the charges mount up without dealing with it - why has it taken the insurers so long to get in touch with you about it?

Crikey! worse things happen at sea and all that but what a mess! thanks for your replies. I'm so naive - it startles me that the other driver might now say I drove into him! I don't think I would dare lie in such a barefaced way.

I don't think I have the uninsured loss recovery insurance.

I once had a similar accident. I was driving along my own road when a neighbour backed out into my car. It all went very smoothly - must be because the neighbour admitted liability. I think it's because of that that I assumed it would all be simple this time too.

Sounds as though it should have come to light at the garage when my DH picked up.

I think maybe I should contact my insurer and complain that they misrepresented to me that the claim would be on the other driver's insurance. But perhaps also pay the garage their £200 without admitting liability to do so? Dunno, but would like to get this sorted and definitely will resist any suggestion of paying extra car hire charges.

anyone got ideas on strategy - who to complain to?

I used to work in car insurance and iirc this would be regarded as a shunt if there are no other witnesses. Has the other driver admitted the fault was his? The driver behind is almost always at fault even if you weren't so to speak.

ledodgy - that doesn't seem to be the case for me at the moment
Because I reversed from a driveway we have to prove that it was safe to do so and that in the highway code it states that that manouvre shouldn't be done and that you should reverse into driveways - yes that all well and good if the road is safe to do so too! I was on a busy main road so it was safer to drive in forwards.

really? oh my goodness it's getting worse and worse! So you think that if he just lies he'll get the benefit of the doubt?

How does that work? do we each supply statements or something? something tells me I don't get to eyeball the little git in a courtroom which is a shame.

I'm feeling more naive by the minute.

poor whoops. Have you had to make statements, etc?

It must cost the car insurance companies much more than the excess to fight these battles.

yes, the police are investigating as I was injured so had to do a statement for them and I have had to do one for the insurance company too.
My friends ds also took pictures of the cars in the positions of rest after the accident and also the police too photographs too.
I am also lucky to have a couple of witnesses leave details so am hoping it won't take too long for things to get sorted

Whoops I meant a straightforward road shunt rather than reversing off a drive. How are you? I hope you had a good Christmas.

I had a crash recently and am with Albany.

They are rubbish. Really really awful.

But, did get a courtesy car and also when I paid the excess, got it repaid (as I wasn't at fault)

Call their legal dept and ask for an explanation.

thanks. I think I'll pay the excess and hope to get it back.