kids destroyed my car!

[Jay]

I have not called my insurance yet because I know they will mark it down on my record, I am getting some legal advice from my Wife's boss (He is a solicitor who deals with RTAs and insurance fraud)

I just don't see how I am going to get this sorted without it costing me in the end.

[peterb]

So is my suggestion fraud or not? I am entirely open to the possibility it is without me knowing.

Peterb - are you suggesting my proposition is legitimate? I wasn't quite sure.

I read it as suggesting that you obtained a quote, offered to go halves, then claimed and kept the 50% you had been paid. IMO that is definately fraud. Th eprinciple is that you cannot materially benefit from a claim unless the policy allows you to claim them. So you might have cover that allows for a hire carwhile your car is off the road.

If it goes to court and you win you will get your excess back in full along with you NCB.

But only if the other party has the means to pay. If you do win they may ask for time to pay, or payment by installments, or just default on the payment - when you have to go back to court to enforce it - and they still may not pay. You could take out a charge on their house, if they own it, but you would then have to wait until they sold it before you could enforce your claim.

I wouldn't be paying a penny mate, and I most certainly wouldn't be going through my insurance. You need to have a word with your neighbours and get them to get their daughter to tell you who the other girl was. Once you get the name of the other girl you get the police involved to talk to both sets of parents and tell them you want payment for the cost of repair.

Will take a while and as you have a witness that could point out the two girls, you will most likely have to take it to a civil court to get the parents to pay up. Either way I wouldn't be paying a penny and making sure that these parents pay up for the full cost of the repair. If they have done windows, lights and bodywork you are looking at a 4 figure repair bill if it goes through the insurer. A body shop alone will probably just respray all the panels as its easier and quicker than sorting all the individual scratches, manufacturer windows ain't gonna be cheap and light clusters depends if you are happy enough to use copies or 3rd party ones.

And if they don't pay up you are out of pocket for the court costs, and it adds delay (see my comment above)

DEpending on the precise details of your policy, I would advise that you claim, and let the insurance company pursue their losses. If they decide not to pursue it, you could claim in the civil court for your ininsured losses such as the excess.

[peterb]

I have not called my insurance yet because I know they will mark it down on my record, I am getting some legal advice from my Wife's boss (He is a solicitor who deals with RTAs and insurance fraud)

Good plan - but don't leave it too long before you do. IMO you would probably be better off telling them now, but saying that you aren't claiming at the moment. If you don't they could use the delay as an excuse to reject the claim. In addition, it may be regarded be a failure to make a 'material disclosure' (one that may affect the underwriters assessment of the risk) which if it subsequently came to light, could invalidate your insurance.

But see what the solicitor says.

I just don't see how I am going to get this sorted without it costing me in the end.

You probably will end up out of pocket - if only for the increase in NCB (although you may be able to negotiate that at renewal time) but I'm afraid that is just the way of the world - no-one ever claimed it was fair!

The best you can hope for is to keep those uninsured losses to a minimum.

[Chris P]

But only if the other party has the means to pay. If you do win they may ask for time to pay, or payment by installments, or just default on the payment - when you have to go back to court to enforce it - and they still may not pay. You could take out a charge on their house, if they own it, but you would then have to wait until they sold it before you could enforce your claim.

Jay wrote his next door neighbour has already offered to pay the excess so this shouldn't be an issue

[Jay]

my first quote, without the glass or the rear light clusters is £2,000 and that is if he can get away with a partial respray

[badass]

Do you have evidence their kids are at fault other than their verbal admission of their liability?
If not, you need that. Then claim from your insurance. After that, you can reasonably estimate your losses based on how many years NCB you lose. You then pursue them for your actual losses - the excess and the difference over the next few years in insurance premiums in a similar car. If they don't pay up, take them to court for it. Their child has caused the damage. They are responsible for all of your losses related to that damage.

[Jay]

well they have told the police it was them and one has written her name on the car plus there is a witness. The issue is if I lose my NCB the insurer will no longer cover me on that car so it will have to be sold.

[TheAnimus]

have you spoken to both set of parents yet, shown them the cost of repair, and the before pictures of it in immaculate condition.

If you can try and not be too pissed off at the horrifically bad levels of parenting going on, try and get an agreement with them amicably!

[MSIC]

If you can try and not be too pissed off at the horrifically bad levels of parenting going on, try and get an agreement with them amicably!

Good advice.
Remember as best you can to keep a level head, and tell yourself that the parents didnt cause this (even if you feel like they did) and that they are potentially your best way out of this mess.
Try to treat them politely, and be clear to ask questions about how they can help rather than make demands.

Apologies if this sounds patronising, I can only speak how I seem to lose some perspective when stuff like this happens to me.

[Jay]

I have had legal advice and been advised to call my insurance and let them know that there has been an issue but that at the moment I do not intend to claim

[kalniel]

I have had legal advice and been advised to call my insurance and let them know that there has been an issue but that at the moment I do not intend to claim

*nods* I had to do that when my wing mirror was smashed off. It's a notification only - without which the insurance would have been invalid. It did put up premiums (the person I spoke to when notifying said it wouldn't, but subsequent handlers were more honest -40 quid a year for the next three years was usual).

[dave87]

Jay, I don't know if I clarified this in my post, but you shouldn't be looking at claiming from your household insurance, rather from the kids' parent's home insurance.

As to the split of liability, to be cold and harsh, pick the one most likely able to pay - they can sue for the contribution to the damage from the other parent - that isn't your responsibility. If you do involve your insurers, then that would be the route they would take...as would the home insurer of thee person who gets sued.

[GoNz0]

call a no fault claim line to see what they can do to help

[dave87]

GoNz0 - that may be the perfect situation, as they will have expertise in this area.


Try Europa Consultants - they don't have the same pressured attitude as people such as Helphire etc (who were efficient but pushy when I used them) and they come highly recommended on Pistonheads - think the owner is a member on there. If they can't help, he'll say so, rather than dragging things out too.

[peterb]

Jay, I don't know if I clarified this in my post, but you shouldn't be looking at claiming from your household insurance, rather from the kids' parent's home insurance.

As to the split of liability, to be cold and harsh, pick the one most likely able to pay - they can sue for the contribution to the damage from the other parent - that isn't your responsibility. If you do involve your insurers, then that would be the route they would take...as would the home insurer of thee person who gets sued.

A car isn't a household item, and I think mechanical propelled road vehicles are specifically excluded - otherwise you could claim if you hit something - and there would be no requirement for comprehsive insurance!

[peterb]

Good plan - but don't leave it too long before you do. IMO you would probably be better off telling them now, but saying that you aren't claiming at the moment. snip--->

I have had legal advice and been advised to call my insurance and let them know that there has been an issue but that at the moment I do not intend to claim

- but I'm not a lwyer so going to someone legally qualified was a good move. So one small step forward - but many more until all is settled - good luck!