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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I was involved in a no-fault accident on 13/10/2016. The

Customer Question

I was involved in a no-fault accident on 13/10/2016.
The Third Party has accepted full responsibility.
My car is a write-off but this complicates the issue as the car was also in a loan agreement.
I called Ancaster Accident Aftercare, subsequently called Fiat Accident Aftercare who towed the car to a coach works for repair. After a while they called back to say the car was a write-off and to get a settlement figure from the loan company (Fiat again).
Fiat’s loan company came back with the figure £6239.99
The engineers at the coach works, overseen by Fiat Accident Aftercare produced a figure of £6270. of which 5517.60 was a figure they’d collect on my behalf and the remaining £722.39 would have been claimed by myself through gap insurance provided by AutoProtect.
I have no idea why this is the case and have not managed to get through to Auto Protect yet.
I asked Fiat Accidental Care about replacing the wrecked car and they said I had to go to my insurer - Zenith - for that. I have spent numerous hours on the phone to Zentih (different person each time) trying to get them to pursue the Third Party, but have been blocked at each turn. The excuses for this have been various
- I can’t have a New for Old on my own policy because of the age of the car
- This would, in any case, been subject to a £400 excess (which surely should be paid by the Third Party’s ensurer?)
- in any event, Zenith seem reluctant if not downright obstructive in admitting it’s their job as my insurers to get the best possible deal from the Third Party’s insurers
- at one point they said I should approach the Third Party insurers myself, which I’m sure is highly irregular and not recommended
At one point they said if they handled this they’d have to take over the whole claim, and given their track record of clear responses to basic questions, and actioning them - or not - I am not particularly happy about doing this even I were lucky enough to find a Zenith employer who hadn’t altered the terms of their negotiations again.
Can you advise me how to proceed constructively with this?
The case itself is basically very simple. I was involved in a no fault accident for which the Third Party is entirely responsible, and should be restored to the state - with a replacement car, with my remaining loan paid off and also replacement of funds I have already spent on the car. Is this correct?
Fiat Accidental Assistance have now said they will pursue the Third Party for a replacement car, but I’m not confident of this happening, or being a particular priority.
At the moment it’s looks like they’re set to give the whole value of the car to Fiat
There’s also confusion about the car being viewed. Zenith have seen it (for what that’s worth) but do the loan company also have to see it? There seems very little communication between various parties involved in this and don’t want to be lumbered with the task in communicating it all (inasmuch as I understand it at this point) but neither do I want to put a spanner in the works of what should be a straightforward process.
Please advise.
This should be a simple matter.
I was involved in a no fault accident and therefore
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is the cost of a replacement vehicle of the same age and spec?

Customer: replied 1 year ago.
I don’t know for sure but the engineers at the coachwork said it’s pre-crash value was £6270
Expert:  Jamie-Law replied 1 year ago.

Have the insurers said they will issue proceedings yet?

Customer: replied 1 year ago.
That’s the uncertainty. Zenith have filibustered all the way through
Fiat Accidental Aftercare said at the end of today they would pursue this once Zenith blanked but I don’t if any of them have issued proceedings
Customer: replied 1 year ago.
Are you going to give a response to this?