Insurer repaired my car without my consent

[Handaros]

I was involved in an accident two months ago,

I was the passenger in my car but was not the driver.

 

 

The other party admitted full liability and the police are taking action against him.

I suffered injuries for which I am still receiving treatment.

 

 

My car which was only 6 months old would not start at the scene,

the insurer arranged for its removal by recovery services

and told us since the air bags had been deployed the car was likely a right off.

I believed this was to be the case.

 

It is a very long story but at no point did the insurance company contact me in the aftermath other than to offer me money for injuries.

 

 

I eventually discovered by default that my car had been taken to the third party insurers approved repairers.

I withheld consent for them to undertake repairs.

 

 

My model specific finance company said they were not approved repairers and wanted the car taken to a model specific repair centre,

I insisted this happen and was refused..

 

 

I have discovered there was a repair limit to my car which the insurers repairer has come in at just under the threshold.

I am convinced if my car had gone to the repairer of my choice it would have been written off.

 

 

At every opportunity I have withheld consent in writing and verbally to both parties.

 

It now appears that on taking my car to the dealer to have the ECU system cleared

they have picked up that the seat belts were broken in the accident and need replacing,

this is despite the fact that the repairer insisted my car repairs were complete.

 

 

I dread to think what might have happened.

It has now been two months and my car has still not been sorted.

 

The insurer offered an engineers report,

however after speaking to the engineer it appears they cannot definitely say whether there has been any structural damage

without stripping the car back which they cannot do now that repairs have been done.

 

 

The work undertaken only carries a 12 month warranty and is not transferable, thereby affecting residual values.

To be frank its a mess and is really affecting my recovery.

 

What are my rights?

 

 

I have no faith in the repairer and do not want my car back.

I am convinced that had I been allowed to use the repairer of my choice the car would have been a cat d or c write off.

 

 

It also now seems the repairer did not have the necessary equipment to properly assess my car,

if they had the fault codes for the seat belts would have been apparent.

[citizenB]

You say there was Finance on the car, can you get them involved ?

[unclebulgaria67]

In this situation, you are probably likely to have to get an independent engineers inspection of the car. Speak to the finance company about this and your situation. You may end up having to threaten legal action against the third party insurers and to follow through if necessary. If you have legal expenses cover on your Car Insurance, they may assist with this and pay relevant costs.

 

With a 6 month old car which might be a write off, it is one situation where it might have been wiser to have used your own Car Insurance, as it may contain a clause that they would have replaced the car with a new one, if written off. If that was not the case, you may have taken out GAP insurance when you bought the car to cover difference between current value and a new car.

[Handaros]

Hi

 

My insurance company has not been involved as although it was my car I was the passenger not the driver. The claim has been between my drivers insurance and the third party, which happen to be the same company. It's all been a complete mess to be honest leaving me much worse off. I do have GAP insurance but at this point they have not written the car off, they have repaired it using their approved repairers my argument is that had they used the repairer of my choice my car would have been a write off. However, now that they have repaired despite having no consent to from me to do so (and I can prove in writing that I did not give consent) I am left high and dry!

[unclebulgaria67]

Strange situation. The insurers garage cannot touch your car without your permission.

 

Why did the driver of your car have separate insurance ?

 

Think you really need to speak to the Insurers that dealt with the repair and find a way forward. Advise them that unless you can resolve amicably, you will have no choice but to seek help from the courts.

[Handaros]

Hi

 

They were insured on their own insurance and not as a named driver on my insurance.

 

I have it in writing from the repairers that they acknowledge that they repaired my car without consent! This whole situation has been unbelievable, you honestly couldn't make it up. It has been one saga after another.

 

I am going to make one last ditch attempt and then pursue through the Courts but am a bit confused by it all. The insurer refused to move my car to my chosen repairer and now admit they made a mistake but are doing very little to rectify my situation.

 

Thanks,

[unclebulgaria67]

,

Hi

 

They were insured on their own insurance and not as a named driver on my insurance.

 

I have it in writing from the repairers that they acknowledge that they repaired my car without consent! This whole situation has been unbelievable, you honestly couldn't make it up. It has been one saga after another.

 

I am going to make one last ditch attempt and then pursue through the Courts but am a bit confused by it all. The insurer refused to move my car to my chosen repairer and now admit they made a mistake but are doing very little to rectify my situation.

 

Thanks,

 

I think you should get formal legal advce about this, as i think the Insurers are embarrassed into inactivity by the situation. A Solicitors letter to the CEO of the Insurance company might do the trick of getting it resolved.