Someone just crashed in to my C63. FML.

[jimmybell]

Hey knowledgeable people, looking for some input/thoughts.

Tomorrow morning someone was due to come and collect my C63 for sale-or-return, i had a nice agreed target figure (and a healthy cash offer if not), so was pretty chuffed.

Driving home today (after a visit to JZM Porsche for their cars&coffee morn), just about to turn on to Brixton Hill and someone in front of me was turning right across traffic in to the road i was coming out of. Traffic stopped to let him do so, but a lady coming down the bus lane inside of the traffic didn't see him, they smashed in to each other and both then proceeded to collide with me as a result. Sadly - whilst entirely not my fault, i was certainly in the wrong place at the wrong time and the two cars (RR Evoque + Vectra) were visually damaged but nothing compared to the bent wheel/suspension/smashed headlight/broken bumper/front fender destroyed on my car. Everyone unhurt luckily (newly pregnant woman driving the RR, Polish guy with wife+baby in the vectra).

Sods law im the least to blame but with the most damage - and with a car worth more than both of theirs combined

It's pretty clear it's not my fault, so blame isn't really going to be an issue - but i'm looking for thoughts on the best path forward, if there is one. I've got all their details, photos, vids, spoke to police etc, reported it to my insurer (admiral, sadly) and the driver of the vectra's - as it's likely him that'l cop the blame. Nobody did anything malicious here, i don't harbor much anger towards them - i feel bad for the poor bloke who was entirely honest about it but not totally aware of how this might affect his insurance going forward so i overheard him being a little too honest with his insurer at the scene. My main annoyance was the sale was to help fund our wedding, and i'm not sure how i'll solve that.

I'm thinking a total write off of some sort is ideal - as i can then at least get a cash return and worst case have to argue the value (hopefully aided by the dealer / market prices). I think worst case is its repairable, and i then have to sell it with said damage repair. Obviously i'll ensure its repaired to the highest standard (mostly it'l just be replacement components.. wheel, susp, panels, lights,bumper, etc.. obviously if its any kind of chassis damage it'l be a write off anyway) such that i'd be happy driving it - but i do wonder what the consequence would be to values and if i'm under any obligation to say it's been in an accident (both morally or legally).

So - i figure someone here has probably been in an accident caused by someone else, and had to suffer as a result - perhaps people have advice or comments on any of the above. Otherwise - FML.

 

[buzyg]

That sucks. Glad no one was hurt. You need to wait until the assessment has been made before you will know what your options are. Hope It gets sorted quickly.

 

[Vonlipvig]

Damn, not good. My wifes car was hit twice in the space of a year, once in a carpark witnessed by an off duty copper, and once by a lorry changing lanes, both got sorted. Both claims were handled by admiral at the time and it was suprisingly easy in each occasion. The lorry company admitted full liability at the scene so sounds similar to yours. Hope it all gets sorted

 

[Paulwirral]

If they agree to repair it there's no obligation by you to disclose any details of the repair when you sell , if they write it off you'll get paid out .
It happened to my wife a few years ago in her bought brand new , 3 month old , a5 . she was gutted as it was her pride and joy and the first time she had ever bought a brand new car .
It was repaired through an accident management company that were working hand in hand with the recovery company , naughty !

 

[jimmybell]

If they agree to repair it there's no obligation by you to disclose any details of the repair when you sell , if they write it off you'll get paid out .
It happened to my wife a few years ago in her bought brand new , 3 month old , a5 . she was gutted as it was her pride and joy and the first time she had ever bought a brand new car .
It was repaired through an accident management company that were working hand in hand with the recovery company , naughty !

they wrote it off, paid you and then repaired it themselves to sell on?

 

[jimmybell]

Minor illustration of what happened. I'm the dark red, lines of cars are static traffic queueing (behind me, the right turner, and the non-bus lane going right to left allowing the dark blue car across).

Dark blue car turns right in front of green queue letting him pass, dark green car hits dark blue - both then hit me waiting on the side road.

 

[Paulwirral]

If they agree to repair it there's no obligation by you to disclose any details of the repair when you sell , if they write it off you'll get paid out .
It happened to my wife a few years ago in her bought brand new , 3 month old , a5 . she was gutted as it was her pride and joy and the first time she had ever bought a brand new car .
It was repaired through an accident management company that were working hand in hand with the recovery company , naughty !

they wrote it off, paid you and then repaired it themselves to sell on?

No , in our case the car was repaired , she then used it for the next 5 years then sold it herself .
Your insurance company will send out an assessor, he or she will assess if your car is economically viable to be repaired . If it is they will organise the repairs and you will get your fully repaired car back without any markers against its history , no record of the repairs will show on any hpi type check .
If it's not economically viable to repair the car will be written off , categorised a to d , you will receive an offer of payment of what the insurance company thinks your car was worth before the accident . You may need to argue your case as to the value , as they'll probably low ball you to start off with .
Regardless of what they decide you'll be fine , you won't receive a repaired car back with a cat d or c status , you'll either get the repaired car back or an offer of payment for the car and you'll never see it again as it will be sold as salvage or crushed .

 

[PerryGunn]

It's pretty clear it's not my fault, so blame isn't really going to be an issue - but i'm looking for thoughts on the best path forward, if there is one. I've got all their details, photos, vids, spoke to police etc, reported it to my insurer (admiral, sadly) and the driver of the vectra's - as it's likely him that'l cop the blame.

Minor illustration of what happened. I'm the dark red, lines of cars are static traffic queueing (behind me, the right turner, and the non-bus lane going right to left allowing the dark blue car across).

Dark blue car turns right in front of green queue letting him pass, dark green car hits dark blue - both then hit me waiting on the side road.

Surely the woman in the RR shouldn't have been driving in the bus lane? Unless I'm missing something, this makes her completely at fault and she'll get caned by the police and her insurance company...?

 

[kis]

Sorry to hear OP! If it was an older car it would be a write off as with one of our R50 Mini's. As the Merc is newer it could go 50:50 even though as you've said you've got a rather substantial amount of damage! Hope it works out for you!

 

[kis]

It's pretty clear it's not my fault, so blame isn't really going to be an issue - but i'm looking for thoughts on the best path forward, if there is one. I've got all their details, photos, vids, spoke to police etc, reported it to my insurer (admiral, sadly) and the driver of the vectra's - as it's likely him that'l cop the blame.

Minor illustration of what happened. I'm the dark red, lines of cars are static traffic queueing (behind me, the right turner, and the non-bus lane going right to left allowing the dark blue car across).

Dark blue car turns right in front of green queue letting him pass, dark green car hits dark blue - both then hit me waiting on the side road.

Surely the woman in the RR shouldn't have been driving in the bus lane? Unless I'm missing something, this makes her completely at fault and she'll get caned by the police and her insurance company...?

Many bus lanes near me have hours of operation. I assume they were in the lane because the hours of restriction weren't in place?

 

[Yorkie Z]

If someone asks you if it's been in an accident you can't lie and say it's not from what I understand of the law. Plus anyone buying a car like that is going to ask I would of thought.

It's crap position to be in as your not to blame. Think your best outcome would be if they did write it off.

 

[TomK]

It's pretty clear it's not my fault, so blame isn't really going to be an issue - but i'm looking for thoughts on the best path forward, if there is one. I've got all their details, photos, vids, spoke to police etc, reported it to my insurer (admiral, sadly) and the driver of the vectra's - as it's likely him that'l cop the blame.

Minor illustration of what happened. I'm the dark red, lines of cars are static traffic queueing (behind me, the right turner, and the non-bus lane going right to left allowing the dark blue car across).

Dark blue car turns right in front of green queue letting him pass, dark green car hits dark blue - both then hit me waiting on the side road.

Surely the woman in the RR shouldn't have been driving in the bus lane? Unless I'm missing something, this makes her completely at fault and she'll get caned by the police and her insurance company...?

As said it's more than likely (or let's assume, since OP hasn't pointed out this) that she was entitled to drive down the bus lane at this point in the day. That said I still think she should shoulder the blame but in the eyes of the law I'm not so sure. Are there undertaking rules on roads like these, I don't think so as such? For sure when one does move faster in the flow of traffic on the inside lane (which does happen a lot) in general traffic situations one should be very aware of what might be crossing the road in front of you behind the unsighted outside lane of traffic. Her fault imo, not the person turning, particularly as she would have been sitting high up in the RR, although it has to be said that the guy crossing might have made sure nothing was coming in the inside lane.
Shitty situation OP, sorry to hear.

 

[jimmybell]

sorry folks - i thought i made it clear but evidently not - i did immediately check the bus lane signs and she was free to be using the bus lane on a sunday.

I agree in ideal world - she is somewhat to blame due to undertaking at speed, and not being able to stop in time (and arguably should of expected/anticipated him turning .. as all the traffic she was undertaking had stopped for SOME reason..), but in the eyes of law/insurance i think it's clear he will take the blame.

Either way, i think i'm in the clear - i just need to figure out whether i do:

A. claim direct and use the at-fault party's insurer to repair/write off,
B. use admiral (who refer to AMC 'auxillis) to sort it out
C. use mercedes benz AMC service who will then claim from the at-fault party's insurer.

what im learning slowly through this is the entire insurance industry is a scam looking to cream as much money of everyone as possible - i now fully understand why the lady in the bus lane had been given a hire car 'first thing tomorrow' - it just increases the claim amount and allows more middlemen to profit from all of our premiums.

 

[Paulwirral]

sorry folks - i thought i made it clear but evidently not - i did immediately check the bus lane signs and she was free to be using the bus lane on a sunday.

I agree in ideal world - she is somewhat to blame due to undertaking at speed, and not being able to stop in time (and arguably should of expected/anticipated him turning .. as all the traffic she was undertaking had stopped for SOME reason..), but in the eyes of law/insurance i think it's clear he will take the blame.

Either way, i think i'm in the clear - i just need to figure out whether i do:

A. claim direct and use the at-fault party's insurer to repair/write off,
B. use admiral (who refer to AMC 'auxillis) to sort it out
C. use mercedes benz AMC service who will then claim from the at-fault party's insurer.

what im learning slowly through this is the entire insurance industry is a scam looking to cream as much money of everyone as possible - i now fully understand why the lady in the bus lane had been given a hire car 'first thing tomorrow' - it just increases the claim amount and allows more middlemen to profit from all of our premiums.

Read the terms and conditions carefully if your going down the accident manage company route , it may have changed since the wife's case but you may be responsible for all costs if there's a problem !
And keep this one in mind , my wife ended up with a like for like hire car for about 3 months , the hire charge was £24,000 twenty four thousand pounds ! Then there was the repair to the car on top of that figure ! As you say it's all just a scam , hire company , solicitor, transport company .

 

[jampudding]

[/quote]

Read the terms and conditions carefully if your going down the accident manage company route , it may have changed since the wife's case but you may be responsible for all costs if there's a problem !
And keep this one in mind , my wife ended up with a like for like hire car for about 3 months , the hire charge was £24,000 twenty four thousand pounds ! Then there was the repair to the car on top of that figure ! As you say it's all just a scam , hire company , solicitor, transport company .
[/quote]

I would check the terms very carefully too. However, I have just used Auxillas for a non fault claim car hire (I got VW dealer to do the repair). They - Auxillas - insure themselves against non-payment from the at-fault-drivers insurance. But you must attend all court hearings etc to help them recover thier money. If your policy states you get a hire car immediately that's what you'll get - it's what we got.

 

[jimmybell]

Ok - Swiftcover (the fault party's insurer) has now ruled that i was not at fault without prejudice.

the 'without prejudice' seems to be because he's claiming the other third party shares some blame - but swift have said that's not defendable, and either way we are free to proceed with a non fault claim as were not part of the original accident, only the aftermath.

Now my options stand as:

1. Use swiftcover (axa)'s third party repairs/claims resolution team - Action365
2. Use mercedes benz accident management service (repairs at 'GWR' near brentford merc garage i think, tho searching suggests that might be kia garage?!), or any other repairer of my choosing
3. Use admiral's auxillis (used to be 'albany', hilariously bad reviews all over the web).


A total write off would be ideal for me - less hassle and concern about resale, if i am to re-sell i'd like a Mercedes approved (or Mercedes garage) to carry out the works, though.

Apparently because it's a third party claim, it's 100% of the value before it would be a total loss (and thus cat C/D). I'm not sure if that 100% value is the value of the car, or the claim, and whether it includes all costs of the claim to determine the 100%. The ABI GTA guidelines for car hire suggest i could be renting a car at £9k/month so very quickly getting close to value of the car with 10k's worth of repairs and any other costs incurred.

Trying to avoid missing anything glaringly obvious or taking the wrong path here so happy for anyone to chip in with any thoughts

 

[Bluecat]

Just to add my pov on insurance claims, even if you claim off the other parties insurance, it will always come back somehow on your premium. When we renewed our car insurance last year and ticked the no claims or accidenst in the last 5 years box, my insurance company told me that my wife had been involved in an accident in January. Found this rather a surprise, but then she remembered she had been a passenger in a minicab in Liverpool which had clipped another car, she gave her name as a witness, and this had somehow got back to our insurance policy!!. It seems nowadays with the cost of spare parts and the extortionate prices bodyshop repair companys charge a large no of accidents result in a write off. It may be useful to prepare yourself by looking at the price of comparable cars if the car is written off, and it is possible to get your own private assesor to value your car too.

 

[Bluecat]

I used a company called Fastlane PAB in ascot to repair my 911 who did an amazing job, they are not cheap though most MB dealers do not have on-site bodyshops so palm the work out often to local garages so maybe check if Mercedes Brentford have one first.

 

[jimmybell]

Just to add my pov on insurance claims, even if you claim off the other parties insurance, it will always come back somehow on your premium.

Yeah sadly i'm very aware - totally not at fault and it'l be me with the biggest bills to repair (paid for by someone else thankfully) but also me with future insurance costs through no fault of my own.

I think because of the 100% cost element i dont think it'l get written off, sadly that would of been easiest for me.