Had a bizarre accident!! - Page 2

Hanuman · 11-11-13, 10:07 PM

If the insurance company pay out, and you accept, it becomes their property.
They then will dispose of it as they choose.

If the court case requires proof of the vehicle's condition prior to the incident, you may need to refer back to the actual vehicle.

Insurance settlements are, unfairly, based on trade-in values of vehicles, not market sale values. So there is ALWAYS a shortfall between what you paid/can expect to pay to replace, and what the insurance company use as their base line value.

A car's value is based on its condition. The service history has been used as a basis for 'downgrading' its value.
'Oh dear, the car wasn't serviced for four years. It's not been well maintained at all' kind of argument. Pure fecking bollocks, we know, but there it is.

What it means then, is that once the vehicle has gone, even if the case comes out in your favour, you could well be coming out of it very financially disadvantaged. (Technical term for seriously pissing you off)

In your preamble, you mentioned dipping into your savings to buy it, and having done so fairly recently.

Do Not Trust the Insurance system, or the law surrounding it. It is not in your favour without a potentially big fight.*

*
The author of these opinions bases his opinions on actual experience of dealing with the nucts.

Audiden · 11-11-13, 10:31 PM

The insurance company by rights should pay out on the replacement cost of the vehicle.

For a while I use to do settlements & that is the method I used, always starting at the lower end of the scale of course!! Don't accept the first few offers & fight your corner & you should come out okay.

I'd have thought the responsibility of the condition of the drainage grids would be that of the filling station... That virtually goes without saying.

Hanuman · 11-11-13, 10:51 PM

Quote:

Originally Posted by Audiden

The insurance company by rights should pay out on the replacement cost of the vehicle.

For a while I use to do settlements & that is the method I used, always starting at the lower end of the scale of course!! Don't accept the first few offers & fight your corner & you should come out okay.

I'd have thought the responsibility of the condition of the drainage grids would be that of the filling station... That virtually goes without saying.

What they should do, and what they will do are not one and the same. Therefore, hoping, and expecting should not be either.

The garage are possibly responsible for the condition of the covers. The argument is likely to be-

Who is responsible?
Who will pay?
What will be the settlement?

Just don't make any assumptions!

b2_sport · 15-11-13, 08:36 AM

first of all OMG at the pics, never seen anything like that before.
secondly thankfully you and your son are OK

thirdly this is a massive claim waiting to be rinsed

geneandbolly · 15-11-13, 05:03 PM

how on earth can the garage owner deny liability when part of his forecourt ended up wedged up the arse of your car!! nonsense!

a nice pay out, a good quality respray and a lovely looking car all looks like it's on the cards.

a cat c repair? who cares!! keep those photos to show any future buyer.

Driggs · 15-11-13, 06:49 PM

At least this wasnt the 20vt!!!

That is insane.. Ive thought about that stuff happening, but never to this extent.. thank you for making me paranoid now whenever I drive over a grate

lee20vt · 16-11-13, 10:31 AM

Here's an example of my car. I haven't got any pictures of my own car yet as didn't have it long enough!! Didnt even get a chance to wash it myself! Ha ha.

Anyhow, BP are saying that they have a schedule of maintenance and repair and that there was no defects on the forecourt that day.
I think the photos and the fact there grid is wedged in my car says otherwise! As for a respray, there's no external damage so I'm lucky really, it's gonna be a case of remove the grid and flatten the floor pan back down as best as possible and reweld it up. Repair any broken wires and then replace the interior plastics! I'm an aircraft engineer so none of it should be too taxing to repair, I've seen and repaired worse on aircraft in the past!

It seems there adamant there not at fault though so it's gonna end up in the courts!

Ben · 16-11-13, 02:49 PM

Maybe they'll try to prove you're the super hero "Magnetic man" which caused the grid to leap out of it's hole and into your car.

Hanuman · 16-11-13, 04:38 PM

Quote:

Originally Posted by lee20vt

Anyhow, BP are saying that they have a schedule of maintenance and repair and that there was no defects on the forecourt that day.

It seems there adamant there not at fault though so it's gonna end up in the courts!

That's seems to be a statement to head off any suggestion of negligence.

The grate failed.
It ended up in your car.
There is little they can argue about that. And the car is in your possession.

lee20vt · 16-11-13, 04:47 PM

Exactly, there always gonna try and get out if it but to me it's a pretty clear cut case. There silly though, as there's costs rising everyday. I've got a hire car as well as the storage fees on the car so those 2 things alone will amount to a fair amount of cash. Plus the payout on the car etc so what could of been a fairly quick and simple, hold there hands up and say sorry and pay me out has now escalated massively as it's been just over 2 months now!!

11-11-13, 10:07 PM	#11
Hanuman Trickster Classic Audi Club Member Join Date: May 2009 Location: Heckling from the cheap seats, Phnom Penh, KoW Posts: 7,006	If the insurance company pay out, and you accept, it becomes their property. They then will dispose of it as they choose. If the court case requires proof of the vehicle's condition prior to the incident, you may need to refer back to the actual vehicle. Insurance settlements are, unfairly, based on trade-in values of vehicles, not market sale values. So there is ALWAYS a shortfall between what you paid/can expect to pay to replace, and what the insurance company use as their base line value. A car's value is based on its condition. The service history has been used as a basis for 'downgrading' its value. 'Oh dear, the car wasn't serviced for four years. It's not been well maintained at all' kind of argument. Pure fecking bollocks, we know, but there it is. What it means then, is that once the vehicle has gone, even if the case comes out in your favour, you could well be coming out of it very financially disadvantaged. (Technical term for seriously pissing you off) In your preamble, you mentioned dipping into your savings to buy it, and having done so fairly recently. Do Not Trust the Insurance system, or the law surrounding it. It is not in your favour without a potentially big fight.* * The author of these opinions bases his opinions on actual experience of dealing with the nucts. __________________ I wish they would keep the damned Chinese away now that I can go home, so that I can enjoy Fish amok and a draught Angkor Last edited by Hanuman; 11-11-13 at 10:08 PM. Reason: Catastrophic and appalling lack of apostrophe(s)

11-11-13, 10:31 PM	#12
Audiden Senior Member Classic Audi Club Member Join Date: Aug 2008 Location: Scotland Posts: 1,257	The insurance company by rights should pay out on the replacement cost of the vehicle. For a while I use to do settlements & that is the method I used, always starting at the lower end of the scale of course!! Don't accept the first few offers & fight your corner & you should come out okay. I'd have thought the responsibility of the condition of the drainage grids would be that of the filling station... That virtually goes without saying. __________________ Too many cars!!

15-11-13, 05:03 PM	#15
geneandbolly 4 ring whore! Classic Audi Club Member Join Date: Sep 2011 Location: The Psychiatric Ward, North Ayrshire Posts: 7,490	how on earth can the garage owner deny liability when part of his forecourt ended up wedged up the arse of your car!! nonsense! a nice pay out, a good quality respray and a lovely looking car all looks like it's on the cards. a cat c repair? who cares!! keep those photos to show any future buyer. __________________ 1997 Audi S6 Ruby Red

15-11-13, 06:49 PM	#16
Driggs formerly xNBSx Classic Audi Club Member Join Date: May 2011 Location: Portland, OR, USA Posts: 633	At least this wasnt the 20vt!!! That is insane.. Ive thought about that stuff happening, but never to this extent.. thank you for making me paranoid now whenever I drive over a grate __________________ ------------------------------------------- 83 urq, 84 4ksq, 91 200q 20v Pair of 81 GPz 550's 74 Norton Commando Audi b2 Resource

16-11-13, 10:31 AM	#17
lee20vt Grown up member Classic Audi Club Member Join Date: Jun 2010 Location: Manchester Posts: 545	Here's an example of my car. I haven't got any pictures of my own car yet as didn't have it long enough!! Didnt even get a chance to wash it myself! Ha ha. Anyhow, BP are saying that they have a schedule of maintenance and repair and that there was no defects on the forecourt that day. I think the photos and the fact there grid is wedged in my car says otherwise! As for a respray, there's no external damage so I'm lucky really, it's gonna be a case of remove the grid and flatten the floor pan back down as best as possible and reweld it up. Repair any broken wires and then replace the interior plastics! I'm an aircraft engineer so none of it should be too taxing to repair, I've seen and repaired worse on aircraft in the past! It seems there adamant there not at fault though so it's gonna end up in the courts! __________________ B2 Audi 90 Quattro 20V

15-11-13, 08:36 AM	#14
b2_sport Grown up member Classic Audi Club Member Join Date: Apr 2009 Posts: 820	first of all OMG at the pics, never seen anything like that before. secondly thankfully you and your son are OK thirdly this is a massive claim waiting to be rinsed

16-11-13, 02:49 PM	#18
Ben 4 ring whore! Classic Audi Club Member Join Date: Mar 2008 Location: Stockport Posts: 2,348	Maybe they'll try to prove you're the super hero "Magnetic man" which caused the grid to leap out of it's hole and into your car. __________________ 1992 80 quattro 20vt

16-11-13, 04:47 PM	#20
lee20vt Grown up member Classic Audi Club Member Join Date: Jun 2010 Location: Manchester Posts: 545	Exactly, there always gonna try and get out if it but to me it's a pretty clear cut case. There silly though, as there's costs rising everyday. I've got a hire car as well as the storage fees on the car so those 2 things alone will amount to a fair amount of cash. Plus the payout on the car etc so what could of been a fairly quick and simple, hold there hands up and say sorry and pay me out has now escalated massively as it's been just over 2 months now!! __________________ B2 Audi 90 Quattro 20V