Hit by a lorry on the M4, what are my options?

SiD the Turtle

SiD the Turtle

SiD the Turtle

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Hi folks. Been driving for over a decade, no accidents, not even as much as a parking ticket. While on the M4 in the middle lane in an average speed check zone the lorry to my left decided to change into the middle lane without checking, side swiping me with his cab, denting in and scratching both doors, the wings and the wing mirror. Still surprised I managed to keep the car in a straight line and get it over to the hard shoulder.

I'm fine, the car is driveable but the doors are stuck shut. The lorry driver was really apologetic, he was from the continent in a left-hand drive cab and though he couldn't speak English he was gesturing that he couldn't see me from his position. Got his details though.

Phoned the insurance 'out of hours' so they were basically just data entry, but they said as it's a 10 year old car the damage very likely means it's going to be a write off, which is a PITA as it's a very reliable car, only 50k on the clock, that I've had for years. :(

As it's my first accident I've got a load of questions that I don't want to ask the insurer in case it affects my claim in any way, and googling just gives me insurance sites full of waffle. So here goes:
  • If it's a write-off based on repair cost but driveable, is it safe/legal to say 'no thanks' and take the car back? If the costs aren't astronomical thinking it'd be cheaper in the long run than taking a tiny payout and trying to find a car in similar condition with the cash.
  • Similar question if they can't get track down the other guy's insurance for some reason, can I just back out of the claim?
  • I've got protected no claims, but I guess this means regardless I have to declare I've had an accident when it comes to my next insurance?
  • What's the point of a courtesy car?! Apparently I'm only entitled to one if it's a repair not a write-off, so currently I'm car-less waiting for them to get back to me.
 
I've been in a similar situation a couple of years ago. From my experience...

If it's a write-off based on repair cost but driveable, is it safe/legal to say 'no thanks' and take the car back? If the costs aren't astronomical thinking it'd be cheaper in the long run than taking a tiny payout and trying to find a car in similar condition with the cash.
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In this case the car will be a Cat C write off. You can buy the car back from the insurance company (be sure to haggle them as they'll try and pull your pants down). However the car will need to be repaired if the dented panels are dangerous to pedestrians. You'll also need to get a new V5 document from the DVLA (although some insurers may do this for you). You may need to get a new MOT too, can't remember off the top of my head, but factor this cost in too.

Also consider that the car will be almost worthless if you try and sell it on, although if you're planning to run it till it dies this won't be an issue :)

Similar question if they can't get track down the other guy's insurance for some reason, can I just back out of the claim?
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Yes, although the claim will still appear on record, just with no monetary value against it.

I've got protected no claims, but I guess this means regardless I have to declare I've had an accident when it comes to my next insurance?
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Yep.

What's the point of a courtesy car?! Apparently I'm only entitled to one if it's a repair not a write-off, so currently I'm car-less waiting for them to get back to me.
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I had this pain too. You only get a courtesy car while yours is in for repair. Although as you're the non-fault party you should be able to get a courtesy car as part of your insurance's remit of 'putting you back in the position you were in before accident'. Definitely argue this.

Hope it all gets sorted soon.
 
As has been said you can retain the salvage, typically 10% of the cars pre-accident value.

If economic you can then use some of the excess funds paid to you to repair (if the cost to repair approaches the amount you've been laid out often better to just let them take the car).

Had this myself earlier this year. As has been said, haggle with them, hard. If they play silly buggers threaten to get an accident management co onboard (inflates their costs). They should give you a LFL hire car, taking one puts some additional pressure on them to settle your claim faster, often achiving a better result.

For me the car never left my possession - they can send out an engineer to inspect, I gave him about 12 printed compatible cars for sale and told him what I valued my car at, he came back with a figure slightly below, I haggled but got what I wanted in the end. I didn't have to re-apply for he V5, it never left me, but I did have to re-MOT the car before my insurance policy could continue.

As you still have the car take it to a bodyshop to give you an indication of repair costs (even if a broad estimate) and allowing an option to use salvage/pattern parts to keep costs down - will help you be better informed re. Whether to keep the car and repair.
 
I thought that as a non-fault accident you could argue to have it repaired assuming non structural damage only.

I don't believe a 3rd party insurer can write off your vehicle, I might be remembering wrong though, I've only had 3 hours sleep.
 
Cheers guys. Insurance is bewildering. So last night my insurer told me to empty the car and expect a salvage team to pick it up. Today I get a call from a claims management company saying they can't find the other guy's insurer (funny that, I have the guy's documents, the insurers name and telephone number) and I should just claim on my own insurance. What a minefield. Politely asked them to report back to Hastings that I would like them to at least Google the other guy's insurer before giving up.

Apparently because I called 'out of hours' my actual insurer doesn't have my details for another 24 hours, so stuck waiting for it to be logged on the system.
 
They cant force repair unfortunately, sale you'd have people insisting on £10k repairs to a £500 car....

If you were dead set on keeping the car you may get away with a contract payment or cash in lieu (I wasn't allowed to do so despite requests as repair costs exceeded pre-accident value)
 
MooMoo444 said:
Ahh the old SMIDSY. I can't see what's there, let's assume it's clear!
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I drive 100 miles a day, about 80 of that on the M4. Every. single. day. I see a lorry calmly drift into the next lane because he's going 0.5mph faster than the guy in front, just unlucky this time I was right next to him when he did it.
 
How bad actually is it? If it's mostly cosmetic, the car isn't worth much and you don't care about looks. You could just beat it back in to shape so that the doors open/close properly and not bother claiming. Then carry on. Up side to that is you will find everyone in car parks now gives you loads of space :P

If it something quite common, replacement panels from a breaker won't even cost that much.

But yea left hand drive lorries are a problem, this happens a lot. They really need to make an extra mirror (which looks in to the blind spot) mandatory.
 
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It is downright criminal if you end up claiming on your insurance if they "can't find" the foreign insurance details.
 
DanTheMan said:
If it's a foreign insurer the the Motor Insurance Bureau have lots of information about claiming: https://www.mib.org.uk/making-a-claim/accidents-in-the-uk-involving-a-foreign-registered-vehicle/

A lot of insurers do not pursue foreign insurance companies very well and it may end up being classed as a claim against you if they can't recover the full costs back.

There may be a lot of legwork to be done on your part on this one to get a decent outcome.
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Legend. 10 seconds on that site and I have the UK rep for the other guy's Romanian insurance. What bloody system are the insurers using?

Time to get back on the phone.
 
(had archived) some excellent earlier posts see https://forums.overclockers.co.uk/posts/30763240

"Last time I was hit and it was 100% non fault I found out who her insurer was through ask MID (had to pay £3.99 I think) and dealt with them directly, point blank refused to let them take my car anywhere but welcomed them to come and assess it. I asked for a cash in Lieu Settlement which they agreed to as it meant no courtesy car and sent them a quote from a Ford dealer for new parts and added a bit on for materials to respray and fit the bumper myself, I ended up with just over £700 to repair the car with and no write off risk.
...
UNDER NO CIRCUMSTANCES LET THE CAR LEAVE YOUR POSSESSION UNTIL A SETTLEMENT IS REACHED!"
 
Your wish is my command :D

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Went to my local body shop. Damage doesn't look like much but with new parts it comes to £3k, with the car being worth barely £2k. Obviously if I actually got them to repair it I'd try and use salvage parts rather than Ford originals.

Lady at Hastings was completely useless. Basically said I had to deal with the claims management company, not Hastings. Confused!

I've explained that I have the details of the other driver, I have the address of his insurer in the UK but they still won't do anything. They say I have to pay my excess and then deal with the claims management company, who will then turn around again and say it's a foreign lorry so no point trying.

Does this sound right?
 
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