Chit Chat
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29 May 18
15:33
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Date Joined:
04 Oct 09
On 30th June my car was badly damaged on a public highway in England by a police horse which went out of control. I was in the vehicle but not hurt. To cut a long story short i was told by the police to make a claim through my insurers and all would be sorted out and i would not be left out of pocket, even saying that at the end of it all they would see my car be replaced or repaired!
However, this was the officers at the scene that said all of this.
I must stipulate that the mounted division and business centre of the constabulary at fault have helped me out every step of the way. They provided me with a hire car (albeit a much smaller vehicle than what was my car) and they have provided me with an email outlining and completely exonerating me from all blame, just wrong place, wrong time. This was also highlighted in the report and logged with an incident number.
Here is my problem,
Their legal department seem to be at the moment at least trying to deny any liability. My insurance company have written off my car and have so far paid out my claim on my comprehensive cover and are at the moment awaiting and armed with my email of exoneration + other correspondence third party reimbursement and of course my insurers costs. That should go through in the coming days.
However the car was on finance and i am now left with a debt as the vehicle was still in negative equity I now have no vehicle and an amount still owing to the finance company of close to 2.5k through zero fault of my own and all their legal rep will offer is my insurance excess of £525 claiming that i should have had gap insurance therefore they claim that they are not liable for anything else.
As far as my insurance claim goes, this is where both myself and my claims rep got suspicious.
We think they trying to pay me off with my excess and not go through the correct channels and deal with my insurer on that part of the claim. My insurer is aware and are dealing with that.
I need advice because i need to reclaim my losses to my finance company. As I said above they have tried to claim they are not liable for this shortfall, my additional costs i.e taxi's to and from school etc as i should have had gap insurance. But i am not at fault.
I have sent a letter attached to an email sent to their legal representative and additionally posted to the chief constables office headlined notice of litigation outlining everything. It's funny because a representative of the chief constable phoned me about it a week after it happened saying how sorry they were outlining they would be happy to help in anyway they can!
However i need advice on what to do next, it's very complicated for me. What can i claim for? I had enjoyment of my car for 1 year and had it on a 3 year higher purchase agreement through Go-Car credit. So i have paid 1 years finance already so even if they do finally pay my outstanding finance i will have to start a brand new agreement all over again. This is a problem for me and my family as in addition we also have a 11 year old son with ADHD and A.S.D who has zero danger awareness! We only get lower rate mobility for him so that was why we thought a car finance agreement for a half decent motor was a good idea cos it was to last us at least until he was 16! All my other cars in the past have been old bangers worth a couple hundred quid and what with my son getting diagnosed etc we thought we should buy a reliable one.
I am in bits over this. There surely someone on here can help? I have approached 2 solicitors but apparently the government changed the law and i can now not seek legal representation without paying for it myself on civil claims!!
However, this was the officers at the scene that said all of this.
I must stipulate that the mounted division and business centre of the constabulary at fault have helped me out every step of the way. They provided me with a hire car (albeit a much smaller vehicle than what was my car) and they have provided me with an email outlining and completely exonerating me from all blame, just wrong place, wrong time. This was also highlighted in the report and logged with an incident number.
Here is my problem,
Their legal department seem to be at the moment at least trying to deny any liability. My insurance company have written off my car and have so far paid out my claim on my comprehensive cover and are at the moment awaiting and armed with my email of exoneration + other correspondence third party reimbursement and of course my insurers costs. That should go through in the coming days.
However the car was on finance and i am now left with a debt as the vehicle was still in negative equity I now have no vehicle and an amount still owing to the finance company of close to 2.5k through zero fault of my own and all their legal rep will offer is my insurance excess of £525 claiming that i should have had gap insurance therefore they claim that they are not liable for anything else.
As far as my insurance claim goes, this is where both myself and my claims rep got suspicious.
We think they trying to pay me off with my excess and not go through the correct channels and deal with my insurer on that part of the claim. My insurer is aware and are dealing with that.
I need advice because i need to reclaim my losses to my finance company. As I said above they have tried to claim they are not liable for this shortfall, my additional costs i.e taxi's to and from school etc as i should have had gap insurance. But i am not at fault.
I have sent a letter attached to an email sent to their legal representative and additionally posted to the chief constables office headlined notice of litigation outlining everything. It's funny because a representative of the chief constable phoned me about it a week after it happened saying how sorry they were outlining they would be happy to help in anyway they can!
However i need advice on what to do next, it's very complicated for me. What can i claim for? I had enjoyment of my car for 1 year and had it on a 3 year higher purchase agreement through Go-Car credit. So i have paid 1 years finance already so even if they do finally pay my outstanding finance i will have to start a brand new agreement all over again. This is a problem for me and my family as in addition we also have a 11 year old son with ADHD and A.S.D who has zero danger awareness! We only get lower rate mobility for him so that was why we thought a car finance agreement for a half decent motor was a good idea cos it was to last us at least until he was 16! All my other cars in the past have been old bangers worth a couple hundred quid and what with my son getting diagnosed etc we thought we should buy a reliable one.
I am in bits over this. There surely someone on here can help? I have approached 2 solicitors but apparently the government changed the law and i can now not seek legal representation without paying for it myself on civil claims!!
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Replies: 63
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Are you saying the government have stopped the No Win No Fee brigade?
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you have been given a substitute car? why not continuepaying finance on your own car until , hopefully you get reimbursed
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Arnold Clark came and collected this substitute car yesterday!!
I do fully intend continuing to pay the finance on the written off car as per my obligations. |
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This story originally reported on Facebook and Twitter 4 years ago
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Might of guessed i'd get ridiculous comments from people with small penis's
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Correct bud , if it was as big as your ego?
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Did you not have legal expenses cover as part of your own insurance?
If you have such cover, then your own insurance company should surely put you in touch with a decent solicitor to advise you and act on your behalf. |
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I did have legal expenses cover but that i am sure only covers all things motoring?
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when the dealer tries to flog you insurance in case you write off your car
and car is not worth what you are paying for it.......alarm bells should ring |
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What exactly is the problem here?
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OMG does no one read anymore???
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I need advice!
Read my post, i know it is long but i have outlined everything with a question at the end! Basically was it my fault i should have had gap insurance as they are making out or can i claim my total losses including sums still owing to finance company via a separate civil claim after insurance claim is completed??? AND IF SO What can i claim for? I had the car 1 year, can i claim for the fact that i will have to get a brand new higher purchase arrangement in place again for a replacement and start at 3 years again? etc etc |
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Depending on the nature and terms of your insurance policy and particularly the extent and nature of the legal expenses cover therein, your insurance policy and insurance company are your best source of advice. They should be acting on your behalf and will make it clear what consequential loss is not covered. You then have several options, all of which are clearly stated on the many internet advice websites that deal with this kind of thing.
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You should have had gap insurance, any shortfall YOU will have to make up. I would steer clear of finance in the future.
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Shirley you should be Reimbursed for any loss by the 3rd parties insurance (the Police) Regardless of what happens you must get the Value of the Car ,Buy yourself Like For Like Just keep paying the Credit off ? Or were you stiiched up in the first place Paying over the Odds ? What is the Excess About it is Nothing to do with your Insurance Has the Police Mob made you an offer ?
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old story ffs....it’s tuesday
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News on now morons
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My insurance is paying out and the police are paying the third party costs. Gap insurance is if YOU write off your car or it gets stolen is it not? This would not cover this kind of claim or it would but it doesn't matter because the fault solely lies with the third party (police) and so i will have to effectively sue the constabulary for any shortfall. This is what I have been told by 2 solicitors however i am worried because the police have tried to say they are responsible for third party costs through the insurance claim but are hiding behind the should have had gap insurance excuse for the rest.
Both solicitors said (1 of which was LBC radio's legal hour on Wed's night) that the insurance claim will have to be separate from any claim i want to make to recover any shortfall with my finance to which is just over 2k. (Outstanding finance 4k - insurance payout 2k = 2k shortfall) Both solicitors said i through no fault of my own have been left with a debt for goods, that i must pay, of which the goods have been damaged through no fault of my own and there lies the basis of the civil claim. I merely came on here in the hope for additional advice. conditor is now blocked |
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At what point, when your insurers said they could not help you with your full claim, did you seek independent advice? CAB etc. Whatever, why would you think that this might be a place to go for advice. If this was your last resort, then I am truly sorry for your predicament.
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Shirley you have been Paid the Price for the damaged Goods, crack on with the Payments, use said payment to purchase simular Motor ? Or is this not the case ??
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This has been going on For 11 months
 How much has been paid for the Replacement ,I presume Hire car over that Period ? All seems very strange . |
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Why do you think this has been going on 11 months? I am really curious now as to why people think that, unless i've been in a coma for a year and no one's told me i am pretty sure it happened literally 1 month ago, on the 30th April ! ! !
 Should really have known better than to consult a forum such as this one  |
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Go to the small claims court (easier than you might think) and sue the police for the 'gap'. I think they will give you an ex gratia payment to get rid of you.
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Are you saying that this is a virtual" claim that hasn't happened yet?
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Is the car a De Lorean time machine?
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OP 30th June
later post 30th April and therein lies the problem ... |
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Can't you buy a half decent car from your pay out until this is resolved? You shouldn't be out of pocket for this, so I guess the matter will be sorted eventually.
Listening to the numbers you've mentioned, it sounds like you brought the car a year ago for £6k, and now it's only worth £2k? That's a hell of a drop. Have you massively overpaid for the car, or was the finance astronomical? |
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Off thank you for pointing this out to me
It happened on the 30th April i can assure you The amount of stress i have suffered with this it's no wonder i've got a couple details wrong ffs i need to check through all my paperwork  |
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I am in not of a good credit score position and so the only finance i can secure is of the high nature with a tracker/immobiliser fitted to the car by the finance company. Namely Go-Car credit. The interest rate is 25% per annum.
The car cash price was 4800, i have been paying it for one year. It is in good condition just been serviced and had 10 months m.o.t with 123k on the clock. The agreement is a 3 year higher purchase whereby the amount payable at the end of agreement be 8.5k. However there is an early settlement available which would save money. As it stands the insurance pay out is full market value (2395) however as it was a H.P agreement the insurance company is obliged to pay this directly to the finance company (I do not see this) The early settlement fig as of the 28th May was 4.3k, this leaves a difference of just over 2k owed to Go-Car credit It is over 2k as 2395 wont be paid to them as there was 470 of outstanding premiums as i paid monthly for my car insurance I feel the third party are liable for both the third party claim in motor insurance and any difference left over in finance as my knowledge and experience of which a friend in a similar position a few years ago is that any gap insurance company would not make a payout as the fault solely lies with the third party even though the motor insurance will not cover the difference. I've effectively been left with an hp agreement to buy goods which have been damaged beyond repair of which i remain liable for (the debt) through no fault of my own!! I came on here in the hope there might be a fellow forumite with good knowledge and experience and whom could offer me advice as to what i can claim for etc. I was told that i couldn't claim for the fact i had the car 1 year and would have to start a brand new agreement again. The solicitor who said this used the line "I was buying goods, enjoyed use of those goods for the period of that part of the claim" |
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Best fishing thread ever , I miss judged you sea, people see only what they want (or read) well done bud
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Please forgive me my cheeky humour earlier....couldn't resist it following your 08:51 post!
It sounds like you are in a whole hell of a mess! With a fair bit of experience, when people were offered finance in my business, it was sold with the benefit of no penalty for early settlement, as told by the finance rep in meetings with the guys. Obviously they sold it on that basis but, regretably it wasn't true, and one proffesional client took umbridge when he found that out, and it went to court, where he was advised by our solicitor to plead guilty, along with company. The finance company paid the fines, in an effort to keep our business, and the guilty party who offered the bad advice was put straight, although reading between the lines I believed that he was a scapegoat and was delivering the finance companies message! I will be very surprised if your finance company would offer any meaningful discount, unless the loan was structured according to "The Rule Of 78s" I won't waffle on about it here, but have a surf around and you should find plenty about it! Not withstanding what the settlement will be, I have to ask from where does the magic money come, with which to make this early settlement? |
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Well i am expecting it to come from the third party, after all they caused this mess and have left me with a bill for goods or a hp agreement for goods that i now no longer have access to
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cash price 12 months ago 4800
3 years interest 3600 Insurance value 2395 effective 12 months depreciation 2405 (4800-2395) Seems to my untutored eye that either the insurance pay out is too low or you paid significantly more than market value (ignoring finance costs) or a combination of the two.In the circumstances outlined unless the insurance company can be persuaded to increase their payout I'm sorry to conclude you haven't got anyone else to claim against. A rotten position to be in through no fault of your own. |
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Why are you using insurance pay out against market value reasons? This has zero to do with what the insurance payout is!! More to do with goods damaged beyond repair whereby a loan is secured upon. Surely there is a claim to cover the difference here at least? It is what 2 solicitors have already said!! Both can't be wrong?
Wish i never came on here, people whom live on betfair forum seemed to either be too thick to understand or lazy and only read part of what i type |
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On 30th June my car was badly damaged on a public highway in England by a police horse which went out of control.
Seems strange a horse could do so much damage as to write off a car. |
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End of thread
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(we're all thick & lazy)
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Seathestars says "Why are you using insurance pay out against market value reasons? This has zero to do with what the insurance payout is!! More to do with goods damaged beyond repair whereby a loan is secured upon. Surely there is a claim to cover the difference here at least? It is what 2 solicitors have already said!! Both can't be wrong? Wish i never came on here, people whom live on betfair forum seemed to either be too thick to understand or lazy and only read part of what i type Shocked".
You say "both can't be wrong". Leaving aside that they could be, but given your position, why tf are you still on here seeking advice from, and slagging off, people you do not know, of doubtful legal knowledge? Just wondering? |
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Who said horseshoes are lucky.
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