Car has been rear ended - situation not so straightforward - thoughts please

[biglunn]

Hi,

I don't post on here too often since moving away from driving Clip, but I would like some opinions and advice.

Yesterday I was driving with my wife and 15mth old boy along a busy 3 lane road (A4 Great West Road in Hounslow towards London) and on approach to the traffic lights I slowed down and as I almost came to a standstill my car was rammed hard from behind. I was the first car at the lights, and car rolled forward a considerable distance before I stopped it - luckily no other car was crossing the junction.

The van which hit me stopped - all parties in shock. I called an ambulance to check the little one out (both wife and child were taken to hospital for checks) and when exchanging details with driver he was very distressed asking if he can make a 'deal'.

Meanwhile the ambulance called the police who arrived promptly, and they weren't to bothered until they ran some checks on the driver - found that he was disqualified from driving!

The driver had hired a hertz van - he wasn't disqualified when he hired it months ago but had been since. Now... I'm concerned what happens to me from an insurance point of view? Have I been hit by an uninsured driver? Will Hertz pay up or will my insurance cover it? Will I be entitled to hire a suitable car (big enough for baby/pushchair) or will I have to settle for tiny courtesy car?

I am fully comp insured and also have have Skoda Ensure so that if car is repaired it is done 'properly'. I have a sneaky feeling the car may end up being a write off - 1.5yr old fabia estate serious rear end damage with rear door jammed and rear quarter warped.

Lots of questions - any advice about what might/will happen.

 

[Brooky182]

Best advice I can give is to call your insurance company and they will have had all the facts and can advise you from there. There will be to many factors for anybody else to advise you. My guess though would be worst case you have to pay your excess but some insurance has that protected.
Putting all that to one side main thing is everybody is fine and walked away. Hope it gets sorted for you

 

[Mr R.]

Sorry to here mate, proper s**t.
You will get a like for like courtesy car and yes you have been hit by an un insured driver.

 

[Saner]

I'm assuming you have no insurance details from he driver of the van?
Personally I would inform your insurer that you have been in an accident, state that you would like to claim off the other party as you believe they are at 100% fault.

Your insurer will then pursue the other parties insurer, you should be able to get a hire care to suite your needs.

If the third party refuses to pay because the insurance was invalided, your insurer will cover you. But its always beneficial to get the third party to settle if they were at fault. Also remember, your car belongs to you until you have received payment for it. it shouldn't leave your drive until you are satisfied with the checque you have in hand

 

[Paprika123]

As long as the van had valid insurance then they will be liable.

They'll just end up taking the driver to the cleaners for the costs.

 

[..Jack..]

Ahh just seen this on Briskoda too, having been hit by an uninsured driver too you should be fine as most insures protect against non insured drivers

 

[Mr R.]

But the van driver had no driving licence so I can't see how he would have a valid insurance.

 

[Daniel]

But the van driver had no driving licence so I can't see how he would have a valid insurance.

But Hertz (the rental company) will be insured for EVERYTHING. One way or another, they will be insured and cover the OP's damage.
Plus his wife and child's trip to hospital, which they need compensating for.

 

[Mr R.]

Oh that's good then.

So they won't try and wash there hands of it?

 

[-J-]

But Hertz (the rental company) will be insured for EVERYTHING. One way or another, they will be insured and cover the OP's damage.
Plus his wife and child's trip to hospital, which they need compensating for.

This, the insurance claim will be against Hertz, it will then be up to them to recoup their costs from the driver of the van.

 

[car.crash]

Make sure you tell your insurance you was stationary.
It's his fault regardless but being stationary will help you out further from what I've been told.

Hope you are all ok.
Cars are easy to come by, family not so much.

 

[Carlv8415]

From what I read; when the driver hired the van he wasn't disqualified so he would be covered under the Hertz rental agreement. As they lent him the van I see your insurance going after them for the money.

Driver will probably only get a slap on the wrist, yet everyone else now has the inconvenience and needs to pay out. Such a broken system.

 

[Short Norman]

Driver will probably only get a slap on the wrist, yet everyone else now has the inconvenience and needs to pay out. Such a broken system.

Agreed, I bet his fine will be less than the increase in your premium (even though it's a non fault claim). Hopefully Herz give him a spanking.

 

[biglunn]

Hi all,

Thanks for your comments - the situation is a bit more complex than normal, but I guess I just have to go with it and go ahead with the claim. Seems like an increase in premium is most likely gonna happen and I may have to pay the excess - now not that bothered as health of me my wife and the little one is most important.

The guy who caused the accident was pretty distraught - soon after the accident he firstly was concerned about us, and then was really worried and suggested that I settle outside of insurance which I refused - should have twigged that something was not right. Police removed his van off the road, and in the end it was just me (waiting for the RAC) and him standing on the footpath. He was apologizing, worried for himself and his family (he was not from England), telling me how he is using the van for his Amazon delivery work, talking about how unfortunate he had been with the points he had been getting on the license, and what is to happen next. I stressed that the most important thing is that everyone seemingly got away unharmed (I was up all night worried about my little one) and it is just an 'accident' despite the license issue.

He walked off home (I almost offered him a lift!) and an hour or so later received a call from a withheld number with him apologizing and a 'mate' telling me I wont get any money through insurance and urging me to do a 'deal'. I felt a bit uncomfortable through this and politely declined.

The insurance company will be getting in-touch with me tomorrow morning and hopefully I can get things moving as quickly as possible. What a pain - a ruined weekend, and carless today. But it could have been a lot worse.


Nice to get back in touch with you all - makes me want to get a sporty clio again!

 

[biglunn]

Got some lovely pics of the car... (sorry it aint a clio! Just a boggo family-mobile!)

On the last picture, the passenger door behind the drivers cant be closed properly (and its bloody raining aargh!). Rear quarter has popped out, and when the door is opened, you can see a kink in the lower sill and the post where the door latches.

Also, the frame behind the bumper just 'popped' - impact went straight into the boot, a lot of creasing and bending on the underside of the car. Officer at the scene was surprised this has happened - possible weakness in design?

The car is 1yr 8mths old - less than 10k mileage - super condition and would have been worth about £8000. Not sure if it is a write-off but now hoping so. I don't feel comfortable driving it.

 

[LeeRS]

get some tarpaulin over it, keep it dry or rust will start to set in.

 

[-J-]

That's a gonna IMO, if the door won't close the shell / chassis must have twisted a little... Assuming the boot floor is well buckled as well.

 

[Rob]

Having contacted your insurance, if you've mentioned that you were stationary they often offer to hand it over to an accident management company?

This means you don't have to pay your excess normally as it's undoubtedly not your fault. Although there is a timescale at which they will take the burden and if they don't sort it within that time they can chase you for the money, so it may not be the best idea given that he doesn't have a licence and it's a bit complicated.

I'd be phoning your insurance, asking them to chase this actively, provide you with a courtesy car through hertz etc etc etc.

 

[Saner]

I personally wouldn't use an accident management company as you may loose out.
Let the third party deal with it in my opinion (I:E: Hertz). That way you can't incurrer additional hidden costs, you just have to keep on top of them!

 

[Snakey]

Even though the drivers licence was invalid, I believe Hertz insurance should still cover the Third Party. Since he lied to Hertz he will also probably be liable for the full cost of damage to their own van.