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      02-29-2012, 04:44 PM   #1
rogerxp
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Should I be panicking???

Some of you may remember last year a lady drove into my car whilst it was stationary (and I wasn't in it) but kindly left her contact details. Well, it all got sorted out quickly through her insurance, and I (regrettably in hindsight) used a Claims Management Company (CMC) as recommended by the bodyshop.

Anyway, I've recently received two letters from the CMC's Solicitors (below) stating that the insurers still have not paid the bill the CMC have submitted. It's now going to Court.

I've hidden the details but the actual bill to fix my car wasn't too bad (higher than expected but not too bad) however the hire-car charges are astronomical and I'm kicking myself for using the CMC now.

The point of this thread isn't to discuss whether I should or shouldn't have used the CMC (I regretted it quite soon but was too late then) however my question is, could any of this legal wrangling land on my doorstep, and me be liable personally???

I submitted the invoice for the new alloy (sourced cheaper from a contact through a trader on a Zed forum) and the bodyshop took care of it all from there.

Should I relax or should I be getting nervous??? There is mention of compensation however I've not claimed any as such as I wasn't in the car (just the repair & hire-car).
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      02-29-2012, 04:59 PM   #2
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I've a feeling you'll have agreed to some sort of insurance cover if things did get out of hand. I recall something of the sort in my dealings with BMW's claim mananagement outfit. No additional costs for the insurance, just a mention and another ticked boxed iirc.

I wouldn't worry.
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      02-29-2012, 05:16 PM   #3
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I had something very similar. The 3rd party insurer started to complain and refused to pay the hire care charges (which were crazy high). It seems that there are some agreed rates for the whole industry which are so high but the 3rd party should pay. Mine had a court date and I was told that I would need to attend and provide any supporting evidence and this was a condition of the original agreement I signed with the CMC. I also had signed some insurance thing too to cover any costs. In my case the 3rd party settled the charges before the court date as they knew they were standard!! (according to my insurance company).

I only had a little 307 thing as a replacement for my 325 (they wanted to get me something bigger) and the costs for a couple of weeks were 1000s
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      02-29-2012, 05:35 PM   #4
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Mine had a court date and I was told that I would need to attend and provide any supporting evidence
What value would it be me attending court??? Everything was completely taken out of my hands, I wasn't involved in any decision making, nor made any of the arrangements, so all I could do is shrug my shoulders.

Fingers crossed it won't get to that.
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      02-29-2012, 06:34 PM   #5
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I think you'll be OK. When I used accident exchange there was an insurance policy taken out against AE not being able to recover the costs from the 3rd party insurers. If they failed to get the money then this additional cover would settle the bill.

You may need to attend court to state that you absolutely had to have a hire car, and that you had not other car at your disposal that you could have used rather than hiring one.

You may also need to verify other facts rather than explain decisions regarding the hire car.
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      02-29-2012, 06:38 PM   #6
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I was offered the same from Admiral's CMC (there was no option but to use them). I was offered 'a car suiting your standing sir' 'no hassle to you, we'll look after everything sir' and 'we strongly recommend you take out our hire car fee insurance sir'.

Bunch of robbing bastages, In the end I went without a hire car but no doubt the new 3 series they were pushing would have had an astronomical hire charge attached and some shady bunch of legallised crooks would have made a fortune.

So many immoral businesses popping up these days, the accident hire car thing is one but things like concert ticket resale companies are another example.

How they are allowed to get away with this type of blatant price hiking is beyond me.

/Rant
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      02-29-2012, 06:45 PM   #7
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You had me panicking with all the comments about seperate insurance but just checked the original documentation and, whilst it's not exactly clear, does mention 'we offer & arrange legal expenses insurance to cover legal expenses up to 50,000 for each individual claim' so guess I can relax, a bit.
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      02-29-2012, 06:49 PM   #8
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...well, who wants to guess the cost of hiring this puppy (with 600 miles on the clock) for 5 days???
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      02-29-2012, 07:13 PM   #9
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Hmmm, reckon they will soon figure you out...

Guilty as charged

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      02-29-2012, 07:14 PM   #10
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I havnt read your thread but, no, you should never be panicking.
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      03-01-2012, 04:55 AM   #11
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Hi Roger,

I was in the same position as you recently but my accident was over three years ago, basiclly a lady crashed into me on a roundabout, it was a pretty bad accident and she was totally at fault. Like you I took BMWs advice and went with a claims management company who took over the running of my case.

I was delivered a brand new 325i E93 from Scotland as they didn't have one locally, at the the time I had a 330d. I had the car for 6 weeks and needless to say the rental costs were scary and TBH the only part of the claim that the thrid party objected to, long story short it went to court and the Judge basically said the claims company had done nothing wrong and to pay up, they appealled and again we went to court and again they were told to pay up which they did in the end.

Case closed.

As a guide the hire costs where probably about 2/3 of the value of my car before the accident.
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      03-01-2012, 04:59 AM   #12
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1500.

When I had this situation I had a 335d Coupe and the 3rd party's insurers did not settle the claim for 7 weeks. The charge was 285 per day, although Accident Exchange did say they would not actually charge this full daily rate since the hire period was so long.

It has all been settled without issue.
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      03-01-2012, 05:17 AM   #13
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Quote:
Originally Posted by Sir_Pigley View Post
1500
Keep going .
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      03-01-2012, 06:14 AM   #14
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I'll raise you, 18k
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      03-01-2012, 06:29 AM   #15
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18k! did you mean 1800 ?

My guess is 5x 430 I'd imagine.

1950.
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      03-01-2012, 07:07 AM   #16
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No I mean 18K, I had the car for nearly 7 weeks and the accident management company charged interest on the outstanding amount for every day that the third prty did not pay up, something that they were entitled to do I learnt.

325 per day x 7=2275 x 6 weeks =13650 then add interest for non payment.
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      03-01-2012, 08:20 AM   #17
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Well, it's somewhere between 1,950 & 18,000 - a shade over 2,600 for 5 days hire - cost less to actually fix my car .

To be honest I find it quite sickening when I look at the figures and can't believe they can get away with it. How come the courts side in their favour, I just don't understand it, the CMCs seems to make the rules up as they go along without challenge (except from the Insurance Companies who then get forced to pay up in court). Even if they don't win, they insure against the 'alleged' loss, so still get their money. It's just win win.

I mean, to charge in excess 13,500 for 6 weeks use of a car is completely un-warranted - hey, even Palmnuts cars don't depreciate that fast .

I just wish I knew all this before being persuaded to use them. Never again.
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      03-01-2012, 03:32 PM   #18
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I'd use them again. I'd just piss them off and ask for a Corsa.
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      03-01-2012, 03:57 PM   #19
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This is why insurance premiums jump up. Too many of these types trying to make a silly amount of money with thingsr like this.
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      03-01-2012, 04:02 PM   #20
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I'd use them again. I'd just piss them off and ask for a Corsa.
True, but I bet they still charge 2,600 for a Corsa, at least I got a brand new TT.

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This is why insurance premiums jump up. Too many of these types trying to make a silly amount of money with thingsr like this.
I absolutely agree which is one reason I'm so pissed off I allowed them the opportunity to make more.
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      03-01-2012, 05:55 PM   #21
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I just went through the same thing, even to the point of having a court date, but they ended up settling with the other party's insurers when they made an offer of about 65%. It wasn't very pleasant at the time, but it sounds like it's a common scenario. Thieving gits...
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      03-02-2012, 05:51 AM   #22
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When I had the 335d Coupe that I was rented in place of my 330d initially I felt very guilty about it all.

However when the 3rd party's insurers made no attempt to inspect my car for weeks I got increasingly frustrated by their lack of action. So in the end I felt no guilt at all about having the car for 7 weeks. If they could not get their arse into gear and get my car inspected why should I have had to drive around in a shitbox for that length of time?

Accident Exchange were also very helpful in terms of their advice and assistance in the settlement negotiation.

So despite the fact that I dislike sharks exploiting this sort of situation I would have no hesitation in using a company like this again.

However thier rental prices, despite being hideously expensive, don't seem to be quite as bad as these folks who rented you the TT.
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