Bloody Insurance after a crash

daedalus2097

Anyone know where I stand on this? Back in January I was in a crash (totally not my fault, caught in the middle of a 5-car pile-up on the M50), and Quinn Direct (my insurers) decided the car was a write-off. I only had the car a few months and it was fairly difficult to get hold of, and hence took a while to replace. I asked Quinn about this and they said I should get a rental car and bill it to whoever ended up liable, and to rent it for as long as I need it. Turns out I needed it for 26 days, which cost me about €600. Quinn had given me the value of my car but didn't cover my expenses, so when I bought the replacement I had to wait another couple of weeks for the other insurers to decide who was liable. Eventually Axa (for the car at the very back) sent me a cheque for my excess, and to cover 14 days' car rental, saying it wasn't their policy to cover car rental for more than 14 days.

Surely, seeing as they were fully at fault, they should cover my expenses? What if I didn't have fully comp and couldn't claim for my car from Quinn? I'd still be renting until I got the money for the car from Axa at the end of February. And I wasn't taking the p1ss, the car I bought still wasn't as nice as the one he replaced, but I wanted a car as quickly as possible. It's been going back and forth now for a while, Quinn say they're not getting involved, but that I'm right and Axa should pay up.

Sorry about the long post, but anyone know if there's anything I can do? I just have a horrible feeling I'm being taken advantage of by the snotty claims handler in Axa...

Keith C

Theres a Quinn Direct claims person over on www.askaboutmoney.com (insurance section) you should post your query there & see how you get on

daveirl

This post has been deleted.

daedalus2097

@daveirl
Well, Quinn say their involvement is ended once they got Axa to admit liability, expenses is purely between myself and Axa, and don't want to help me any more. I did say something along the lines of I thought that's what I'm paying you for, but they just fobbed me off. And of course, me being a "high risk" young male driver, I'm paying them quite a lot too, even with 3 years' no claims...

@Keith C
Yeah, I might do that alright - thanks

Henry Ford III

Axa are liable. Their rental "policy" is irrelevant.

Go legal.

Keith C

Quinn have obviously recovered what they paid you from axa therefore they wont get involved with your own expenses, however it poor adivce to tell you to rent the car indefinatly then claim from AXA. In hindsight you should've checked with AXA regarding their rental policy or Quinn should have advices you of this.

mikedragon32

Agree with Keith. I was involved in an accident and my insurance co told me to check with the other insurance company about what period I could hire a car for.

Ended up not bothering to rent a car and used a car belonging to family instead.

Anyway, hindsight is great. If AXA won't stump up for it, pursue it through a solicitor. They've already admitted liability and had this gone to court they'd have to pay any "extras" that occur as a result of the accident. That would include time lost from work or additional expenses incurred.

patto_chan

I'm in the middle of a similar situation.
Car wiped out last month in an accident - fortunate to get out without serious physical injury. Other party's fault.

It took me a while to find and purchase my next car. I had a rental for 3 and a half weeks.
My insurance company's coverage for rental is miniscule so they said I would have to take my rental car costs direct to the other insurer as an uninsured loss claim. They directed me to a firm of solicitors who handle such claims. Have only started the process so it could be a while yet.

LostinBlanch

You might have a better chance with the small claims court if the amount is less than €1500 I think. No solicitors involved, and AXA might not even bother to defend the case. Costs you about a tenner to start the ball rolling.

NUTLEY BOY

AXA's "policy" about car hire is of no relevance. All that is relevant to OP is his legal entitlement so AXA can go and hang themselves. This is the sort glib guff that insurance company claims departments trot out with monotonous regularity and why I utterly detest the little c***s...

Ultimately, the only one who decides what the liability of AXA's client will be is a judge if parties cannot agree a setlement figure.

However, there is an underlying principle that cannot be ignored. Generally, a liable party's responsibility is limited to losses that are reasonably forseeable. For example, you could not hire a car indefinitely and expect to recover the money in full because there is also an obligation on claimants to mitigate their losses.

That said AXA are being too tight. This is less than four weeks hire for a written-off car and seems to be within the boundary of what is reasonable. This is especially true if there were genuine reasons for delay in getting a new vehicle.

It was presumptive and impertinent of AXA to simply send a cheque on the " here is what you are getting now sod off " basis. They should have agreed a figure first before issuing any settlement cheque. Don't cash the cheque !!!!!!!!!!

BTW QD's advice to hire out the car "for as long as you need it" was loose and careless. They should have advised that the entitlement to claim car hire against the other motorist had limits.

QD are technically correct not to assist in recovering the uninsured losses. They are only entitled to seek recovery of their outlay under the concept of subrogation. Recovery of OP's uninsured losses are OP's responsibility.

I like LostinBlanch's idea of the Small Claims Court. I presume the Small Claims Court can deal with matters arising in tort i.e. negligence. OP ring the local District Court office and check that first. If they can deal with your claim ring AXA and tell them straight that you want payment of the uninsured losses claim in full and NOW or it is court time and that you are taking no sewerage from them........:)

daedalus2097

Thanks for the comments guys Small Claims Court sounds like a good idea, but I thought it was only meant for customer/supplier issues, and I'm not an Axa customer so don't know if they'd look at it... I'm new to all this stuff by the way, have always kept myself in check and never been in a spot of trouble in my life!

Like I said, I couldn't have possibly relaced the car before then. I might be picky, but I have every right to be, seeing as it was my car. When I went looking there were only 2 or 3 of that exact model on sale in the country at any one time, I had to import the written off one and everything...

UrbanFox

daedalus2097 just ring the District Court office and ask them if the Small Claims Court has jurisdiction to deal with your case i.e. a property damage and consequential loss claim arising in tort [negligence].

If the answer is yes you go ahead. AXA's opinion or agreement to this is totally irrelevant. You don't need their consent or agreement to go this route.

If the SCC can't deal with it give AXA a last chance to stump up your claim in full. Tell them you have taken advice and that if you don't get what you want you will instruct a solicitor to sue their client and they will end up paying for that seeing as how their client is at fault.

If AXA won't stump up instruct a solicitor and get it sorted.

By the way your action is not against AXA. The correct defendant(s) will be the driver and or owner of the vehicle at fault.

Best of luck.