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  • OP and insurance accepted liability but refused to fix car

    I’m highly stressed by this and need your advice please......
    while I was away, my sister had my permission to drive my car and and had a rear end collisio. The OP accepted liability and her insurance accepted liability as well and offered to fix my car. My car was in perfect condition and had no faults before the accident. Right after the accident ( same day) the car’s transmission is affected and it won’t drive. The car had to be towed home. The OP insurers came to tow the car away and fixed just the cosmetic damage, towed the car back and advised their engineers would pick up the car within 24hrs to fix mechanical damage. 2 weeks after, no sign of an engineer. The OP insurer turns round and claims car had fault before accident so won’t repair. Had a curtesy car from them for 4 days and they decided to take it away. I’ve argued with them that fault did not exist before accident and it truly didn’t. They insist their engineers DO NOT BELIEVE fault was due to accident. They then told me to get a diagnostic test done to prove it. I had RAC had a look and carried out a diagnostic test. Their report only mentioned “fault with transmission, need further investigation” with codes. The OP sent in an independent engineer to carry out inspection and they advised its as a result of accident and OP insurance has to take responsibility. He also advised it’ll cost nearly £10,000 to fix hence it’ll be a write-off.
    I spoke to the OP insurance about taking CC off me and the manager said if the test from the engineer suggests they should fix the car then ghat is what they’ll do.
    Now that the result of the test is in our favour, they turn round and say they won’t go with that result and they refuse to share the report based on “they paid for it”.
    Theyve taken CC off me. I’ve got two young kids and pregnant at the moment with no means of transport. My insurance is not getting involved as I wasn’t the one driving ( is that right as it’s car insured with them). My sisters insurance not getting involved as it wasn’t her fault ( is that right as she is insured up drive another car).
    Dont know what to do ...,thinking of going legal. Please advise, thanks
    Starts
    15-08-19
    Ends
    20-08-19

  • #2
    Forgot to add, OP insurance claim fault is common with my car and RAC report proves it. Codes font indicate when a fault started on a car, do they?

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    • #3
      What car is it to cost £10,000 to fix a transmission fault?

      Comment


      • #4
        It’s a Chevrolet Orlando. Apparently it’s got to be replaced and it’s an automatic transmission

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        • #5
          A quick trawl around the internet shows that the Chevrolet Orlando does indeed suffer from gearbox problems. I also see that the dealers are rated 'poor'.

          I guess that the next step might be to get it to an auto-transmission specialist and see what they say.

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          • #6
            Thanks for the comments however, I didn’t have the problem before the accident. How do I deal with the non-paying insurance? After-all, the independent engineer confirmed it was as a result of the accident

            Comment


            • #7
              The insurance ombudsman may be able to help you see https://www.financial-ombudsman.org.uk/

              Comment


              • #8
                Originally posted by wagolynn View Post
                The insurance ombudsman may be able to help you see https://www.financial-ombudsman.org.uk/
                They are dealing with the third party Insurer and cannot refer the case to the Ombudsman

                The poster should commission their own independent report from a suitably qualified engineer and use this against the Third Party Insurer, the cost of the report can be recovered if it is in the poster's favour

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