what information do you need
Who made the offer? His own insurance company or the otherdrivers insurance company?
Has he accepted the £2000 and has it been paid? Ditto thepersonal injury money?
Did he declare the wheels and springs to the insurance companythat he is insured with?
What was the cause of the accident? I need to know exactly how ithappened for reasons which will become apparent shortly
The two insurance companies , Elephant and Diamond are both under the same umbrella , Admiral insurance . When he contacted his insurance they came back with the offer and this was accepted . The cheque for the personal injury came through but he was told not to cash it . The £2000 for the car was accepted but this never materialized .
The wheels and the lowering springs were not declared to his insurance company but they came back after the accident saying they had photographs of the car with them on .
My son had stopped in traffic and was stationary when he was hit from behind and shunted forward into another vehicle . All the involved got out but while my son was talking to the girl that had hit him the gentleman in front decided to drive away .
There is a potential argument to be had here.
The first thing I would do is make sure that he does not cash thecheque for the personal injury. He can probably reject it and get at leastthree times as much if he goes to a solicitor. We are not allowed to recommendfirms on here but this firm is worth a call. Please mention my name and thissite if you wish. I have heard good reports from the clients who have beenthere http://www.handleylaw.co.uk/
any modification like the wheels and springs should have beendeclared to the insurance company and he is lucky that they have not tried to voidhis insurance. If they were material to the accident, he would now find that hehas no insurance. Believe it or not, it is necessary to disclose tintedwindows, different wheels, towbar, roof rack, different lights, everything.About the only thing he doesn't need to disclose its paintwork. Even differentseats need disclosing.
The wheels and the springs belong to the insurance company and heshould offer to return them although there is an argument that they didn't knowabout them so they are not entitled to them. It depends whether you want a longprotracted argument with the insurance company. I would probably not go therefor the sake of querying the pitch.
From the account of the accident that you give, which is all thatI have to go on, the accident is the fault of the vehicle behind who isresponsible for the damage to your son's car and to the car in front.
As both insurance companies are of the same group and I have hadnightmare experience for a client with both of those, they will try to settlethis for as little as possible and that is why he has had a derogatory offer inrespect of his personal injury.
His claim as against the driver who hit him, as I said earlier.His insurance company will not claim for personal injuries on his behalf andthey have done and under the counter deal between them.
My suggestion would be to see a solicitor as soon as possible todeal with the personal injury on a no win no fee basis. It really depends onthe terms of the offer of £1000 and how he accepted that as to whether he isstuck with it. If he is not stuck with it, a solicitor will take on the injuryclaim and will deal with the car issue as part of the overall claim. Thesolicitor gets paid for dealing with the injury but not for the car issue andif he, having considered the paperwork, has actually accepted the thousandpounds (unlikely because he has been asked not to cash the cheque) then he isfaced with pocketing the thousand pounds and suing the driver that hitting forwhatever his losses are.
If he puts it through his own insurance company, they will payout the value of the car (that is another argument on its own) but nothing forhis personal injuries, no policy excess and he will lose his no claim bonus ifit is not protected. Even if it is protected, he then loses the protectionbecause he has made a claim. Please note that it is a "no claim" bonus not a "nofault" bonus. He makes a claim, it is not his fault, it is still a claim, heloses his no claim bonus.
He must sue the driver of the car that hit him for those losses. Ifhe does not put the claim through his own insurance company or if he is onlythe third party fire and theft, he is faced with suing the driver of the carwhich hit him for the cost of his losses in respect of the car value
Does that answer the question? Can I help anyfurther?
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Does that answer the question? Can I answer any further specificpoints?