Car Damaged our House

[fridgeraider]

Dear Knowledgeable Lemon Fools,

Few days ago a car smashed into our garden wall. The main house walls are safe and thankfully no one was hurt. The wall and grill of our front garden has had considerable damage. The police caught the driver immediately after the accident and he was detained under section 4 (?). I know his house address as a witness confirmed the accident and gave me his address details. The driver was subsequently released as he was under the legal limit for alcohol.

Police gave me a log number and his address details as he admitted to the damage so that I could speak to his insurance.

When I spoke to the insurance company of the driver with the police log number, they said it will be best for me to speak to my house insurance company. My house insurance company was of the opinion that I better speak to the car drivers insurance for the claim as it would affect my future premium and I may loose my excess.

The drivers car insurance is not ready to speak to me as according to them, they have to "investigate" and I do not hold the policy with them (despite the fact that a police incident number has been logged and the log number has been provided to the insurance company). The driver has accepted damage.

The cost involved is substantial and I have asked for quotes (Conservative estimate £10000 to £15000).

During normal circumstances this would have not caused me too much of heartache/distress but in this current financial climate it has taken a toll on me. Though I am grateful that no one was hurt.

I do not have legal cover for my house insurance (wonder if it was a mistake that I did not take it on hind sight)

I am not sure what should be my next step to speed up the process as the broken metal grill and wall is an eye sore and a bitter reminder. I really do not want to claim on my own house insurance.

I have not contacted the driver and have made contact with his insurance company.

Any advice gratefully received.

Fridgeraider

[uspaul666]

I think you’re overthinking this. I’d just ask my insurance company to deal with it, that’s what I pay them for. At some point, they might suggest I write a letter to the other side asking them to pay my excess which, if they pay it, will protect my no claims. But either way, my house insurance is about £150/year - way less than your damage estimates even if it was doubled I would still be happy to keep paying it. Life’s too short to try to second guess what I should do, let the experts deal with it.

[richlist]

I would obtain 3 competitive quotes for the repairs and send them to the driver with a letter claiming reimbursement of costs. Suggest he immediately passes your claim to his insurers. Remind him that if there is no response from his insurers you will persue him for the cost of the repairs.

[fridgeraider]

Thanks uspaul666 and richlist, food for thought, sometimes one cannot see the woods for the trees
Kind regards
Fridgeraider

[stewamax]

I would obtain 3 competitive quotes for the repairs and send them to the driver with a letter claiming reimbursement of costs. Suggest he immediately passes your claim to his insurers. Remind him that if there is no response from his insurers you will persue him for the cost of the repairs.

Seconded. The other driver is responsible. How he arranges your reimbursement is his problem.
I have done exactly the same when my car was rear-ended by a white-van man driving a company van a few years ago.
If your house policy has an NCB, you merely need to tell your insurer* what you have done and ask them to confirm that your NCB will not be affected.

* this could be a condition of your policy anyway as it often is for motor policies

[fridgeraider]

Thanks stewamax.
If I get no joy after writing to the Driver (I plan to give them 2 weeks to respond) then possibly the next step will be ? Legal action

[Dod101]

I would let your own insurers know about the damage as well though, because although the driver has apparently admitted liability, when he discovers the considerable numbers that you have quoted he may suddenly change his tune. He could possible have had a tyre bow out, tried to avoid a child running out in front of him or say anything else to get him off the hook. There is no absolute responsibility, although since the wall had been there no doubt for some time and it did not jump out to hit his car, the prima face evidence would suggest that the driver has at least got some explaining to do.

As others have suggested, I would get two or three quotes and send them to the driver asking him to agree to meet the costs. You could suggest that he passes the letter to his insurers. You have no direct connection with them and so they would be well within their rights to decline to discuss the matter with you. Send a copy of your letter to your insurers and say that you are taking up the matter yourself with the third party and you will let them know any developments. You may well know that the driver is insured but there could be many reasons why his insurers may not meet his claim and you might thus have to look to your own insurers. If you get no joy from the driver I think that would be the time to have a discussion with your own insurers. I would not want to go down the litigation path myself with the third party.

Dod

[Mike88]

I presume the original poster has taken photographs. If he hasn't done so he should now.

[AF62]

This will end in one of two ways -

1. The driver's insurance company pays out - if their insurance company doesn't pay out then the chance of getting a settlement from the individual will be extremely remote; or

2. Your house insurer will pay out.

So why not simply pass it to the house insurer to deal with.

There is no way your house insurer will want to suffer a £10,000 to £15,000 loss and will seek to mitigate it by claiming from the driver's insurance. And if they do then surely you don't have a claim against your insurance and at worst the excess to pay which you could chase the driver / their insurance company for as they have admitted responsibility. And if the driver's insurance don't pay then you have a claim on your insurance and an excess pay anyway.

[chris]

This will end in one of two ways -

1. The driver's insurance company pays out - if their insurance company doesn't pay out then the chance of getting a settlement from the individual will be extremely remote; or

2. Your house insurer will pay out.

So why not simply pass it to the house insurer to deal with.

There is no way your house insurer will want to suffer a £10,000 to £15,000 loss and will seek to mitigate it by claiming from the driver's insurance. And if they do then surely you don't have a claim against your insurance and at worst the excess to pay which you could chase the driver / their insurance company for as they have admitted responsibility. And if the driver's insurance don't pay then you have a claim on your insurance and an excess pay anyway.

Be very wary of the third scenario. Driver's insurers refuse to pay and because you tried to sort it out yourself, and dropped it in your insurer's lap when the other party refused, your house insurer refuse to process your claim.

Insurers don't tend to like it when they are kept out of the loop and may well use this as an excuse not to pay up.

I'm with AF62 and others and would advise you, because of the sums involved, to involve your insurer from the start. I am not a legal or insurance expert, I only know of a case when insurers were not happy that someone took action without informing them (although that was on legal insurance part of the household policy and not a damages claim).

Chris

[ReformedCharacter]

I had part of my wall knocked down a couple of years ago; unlike the OP the driver drove away (I have no idea how given the likely damage to the vehicle) and would suggest just leaving it to the house insurer to deal with. My claim did not result to any increase to my premium.

RC

[Dod101]

This will end in one of two ways -

1. The driver's insurance company pays out - if their insurance company doesn't pay out then the chance of getting a settlement from the individual will be extremely remote; or

2. Your house insurer will pay out.

So why not simply pass it to the house insurer to deal with.

There is no way your house insurer will want to suffer a £10,000 to £15,000 loss and will seek to mitigate it by claiming from the driver's insurance. And if they do then surely you don't have a claim against your insurance and at worst the excess to pay which you could chase the driver / their insurance company for as they have admitted responsibility. And if the driver's insurance don't pay then you have a claim on your insurance and an excess pay anyway.

Be very wary of the third scenario. Driver's insurers refuse to pay and because you tried to sort it out yourself, and dropped it in your insurer's lap when the other party refused, your house insurer refuse to process your claim.

Insurers don't tend to like it when they are kept out of the loop and may well use this as an excuse not to pay up.

I'm with AF62 and others and would advise you, because of the sums involved, to involve your insurer from the start. I am not a legal or insurance expert, I only know of a case when insurers were not happy that someone took action without informing them (although that was on legal insurance part of the household policy and not a damages claim).

Chris

Which is why would keep his house insurers in the loop.

Dod

[AF62]

Which is why would keep his house insurers in the loop.

But why do the house insurer's work? Give it to them to sort it out.

[fridgeraider]

I have informed my house insurance and have had the incident recorded. It was on the house insurance's advice that I spoke to the driver's insurance. So hopefully it can be my fallback plan.

Photos of the damage to the house were taken by the Police and myself (thanks Mike88, can easily be forgotten in the heat of the moment)

Many thanks for all replies and suggestions so far

Fridgeraider

[Loup321]

I don't think your house insurance company is doing this correctly. As I understand it, you've suffered damage to your property which is covered by the insurance policy you hold with them. They need to deal with it to put it right. If they then go on to claim from the driver, that's their business. If they increase your premiums, so be it. You pay the premiums to them for them to sort out this sort of mess when it happens, hopefully once in a blue moon.

Only if this damage is not covered (read the policy documents) should you try claiming directly from the driver.

I would get back on to your insurance company, and get them to check that this is covered (having read the policy documents and satisfied yourself that it is covered). If it's covered, then tell them you want to make a claim.

[Arborbridge]

I'd agree that the first port of call is one's own insurance company. It's then up to them to deal with it, and I am surprised they seem to be trying to pass the ball back. I wonder if by an unlucky chance someone dealt with your enquiry who wasn't fully experienced?

Definitely worth insisting that they take it on. As has been said, they will soon want to offset it on to trhe driver's inurance, and you shouldn't be put in the position of doing that for them.


Arb.

PS I have no legal knowledge or experience. The above is just what my gut would tell me if it happened to me!

[JohnB]

Insurance companies have a nasty habit of increasing your premiums even in the case of no-fault claims. You could ask them for a guarantee this won't happen, which I doubt they'd provide, and plan to shop around for a new company at renewal time.

[richfool]

I don't think your house insurance company is doing this correctly. As I understand it, you've suffered damage to your property which is covered by the insurance policy you hold with them. They need to deal with it to put it right. If they then go on to claim from the driver, that's their business. If they increase your premiums, so be it. You pay the premiums to them for them to sort out this sort of mess when it happens, hopefully once in a blue moon.

Only if this damage is not covered (read the policy documents) should you try claiming directly from the driver.

I would get back on to your insurance company, and get them to check that this is covered (having read the policy documents and satisfied yourself that it is covered). If it's covered, then tell them you want to make a claim.

Yes,my sentiments entirely.

My understanding is that you advise your insurer and if necessary make a claim on your insurance and they then pursue recompense from the other party if they consider it appropriate. As was said earlier in the thread, that's what you are paying your insurance premium for; not to go chasing the third party or his insurance company around yourself.

[Dod101]

I don't think your house insurance company is doing this correctly. As I understand it, you've suffered damage to your property which is covered by the insurance policy you hold with them. They need to deal with it to put it right. If they then go on to claim from the driver, that's their business. If they increase your premiums, so be it. You pay the premiums to them for them to sort out this sort of mess when it happens, hopefully once in a blue moon.

Only if this damage is not covered (read the policy documents) should you try claiming directly from the driver.

I would get back on to your insurance company, and get them to check that this is covered (having read the policy documents and satisfied yourself that it is covered). If it's covered, then tell them you want to make a claim.

But surely the whole point is that the OP does not want to claim on his insurance.

Dod

[UncleEbenezer]

I would let your own insurers know about the damage as well though, because although the driver has apparently admitted liability, when he discovers the considerable numbers that you have quoted he may suddenly change his tune. He could possible have had a tyre bow out, tried to avoid a child running out in front of him or say anything else to get him off the hook. There is no absolute responsibility, although since the wall had been there no doubt for some time and it did not jump out to hit his car, the prima face evidence would suggest that the driver has at least got some explaining to do.

How would any of those things - even if proved true to the satisfaction of a court - affect the driver's liability to make good the damage done?

Be very wary of the third scenario. Driver's insurers refuse to pay and because you tried to sort it out yourself, and dropped it in your insurer's lap when the other party refused, your house insurer refuse to process your claim.

How can driver's insurers refuse to pay (assuming driver is indeed insured)?
So long as the claimant hasn't done something dodgy - like adding a new duck house to the works ...