Disagree with diagnostics report

[ALIE200]

Our car was involved in a collision (whilst parked in a car park). The third party hit the drivers rear side of our E200 and pushed it sideways into another vehicle. The car was undriveable and after a few hours, visibly low to the ground. After turning the ignition on we got the message ‘levels rising, please wait’.
Mercedes have examined the car at the request of our insurer and claim their diagnostics show the suspension was damaged 115 miles before the accident. Our insurer is therefore refusing to repair the suspension. Mercedes have refused to produce a copy of the report saying it is a protected document.
We don’t know where to turn. It is 100% clear to us that the damage was caused in the accident. We have photos of the accident scene (involving 6 cars) and the extent of the damage.
Our next step is the Ombudsman but meanwhile we are without a car.
Is there anyone who has found Mercedes diagnostics to be wrong/inaccurate?

 

[mattk1]

I'd give PCS a ring in Horndean & see what they say.
Good luck, sounds a difficult situation.

Kind regards Matt

 

[whitenemesis]

Mercedes have examined the car at the request of our insurer and claim their diagnostics show the suspension was damaged 115 miles before the accident.

My first thought is how can they know this so specifically?
Your next step isn't the Ombudsman but to get a second garage to run the diagnostics again, at your request.

 

[oldguy57]

Can STAR actually diagnose when the suspension actually failed in terms of mileage? Presumably by a stored code but I wasn't aware that this recorded mileage. Presumably this was done at a dealership but I cannot see that they have the authority to legally protect a document. Surely this has been given to your Insurer who would have to provide evidence that their decision is correct. If you have to refer to the Ombudsman be prepared for a wait of several weeks - no Ombudsman has any sense of urgency.

As others have said get a second opinion and warn Insurers that you do not accept their decision and that all costs of disproving will be their responsibility if they are wrong. But how can you be totally sure that there wasn't a pre existing defect with the suspension?

 

[markjay]

When you say "at the request of our insurer", are you making a claim against your own policy? If so, why? Is it because it was a hit-and-run and the other party who hit your vehicle cannot be identified?

 

[Germgh0st]

When you say "at the request of our insurer", are you making a claim against your own policy? If so, why? Is it because it was a hit-and-run and the other party who hit your vehicle cannot be identified?

That sounds normal to me? I don't pay my insurer a ton of money so I can do all the work chasing a third party. You're obliged to tell your insurer about any accident anyway.

 

[StMarks]

Whilst, like many on here, I would be fascinated to learn from the outcome of your own report,,,
This.:

When you say "at the request of our insurer", are you making a claim against your own policy? If so, why? Is it because it was a hit-and-run and the other party who hit your vehicle cannot be identified?

Irrespective of the suspension fault, the force required to move a car sideways on it's tyres is phenomenal (which is why cars often roll when sideways force is exerted). Therefore it seems entirely likely that considerable component damage may have been caused by this impact.
The car was working fine for you when parked. The third party's actions have resulted in it no longer being usable. The third party must be accountable for all costs incurred as a result. Make your claim direct from the perpetrator's insurance, and don't forget to keep all incurred receipts for hire cars etc..

That sounds normal to me? I don't pay my insurer a ton of money so I can do all the work chasing a third party. You're obliged to tell your insurer about any accident anyway.

Except, of course, if the OP happens to have the same insurer as the perpetrator of the accident. That insurance company will be looking to minimise their exposure (as they always do).?

 

[markjay]

That sounds normal to me? I don't pay my insurer a ton of money so I can do all the work chasing a third party. You're obliged to tell your insurer about any accident anyway.

You're obligated to notify your own insurer of the incident, but you are not obliged to make a claim against your own policy. What you do is call up your insurer and let them know that the incident should be recorded as 'notification only' and not a claim.

In terms of 'doing all the work', claiming against your own policy involves the same amount of work as claiming directly against the other-party's policy, however my experience is that when dealing directly against the other-party's insurer the process is more streamlined, and claims get resolved faster. Having another insurer between yourself and the other party's insurer tends to slow things down and often also introduces mistakes and misunderstandings into the process.

That been said, claiming directly against the other-party's policy is only straightforward when the other party accepts liability. If liability is disputed by the other party, then that's where things can get complicated, obviously.

 

[markjay]

...Except, of course, if the OP happens to have the same insurer as the perpetrator of the accident. That insurance company will be looking to minimise their exposure (as they always do).?

True, however, the claim is always made against a specific policy, and if you're claiming against the other-party's policy then it makes no difference if you happen to be using the same insurer for your own policy.

As an example, I am insured with Aviva, and I have made a claim directly against another driver also holding an Aviva policy. At that point, it made no difference that my own policy (which I wasn't claiming against), also happened to be with Aviva.

 

[markjay]

...Mercedes have refused to produce a copy of the report saying it is a protected document....

If the other-party's insurer told you that they are in possession of a report stating that the damage was caused earlier and that they refuse to incur the cost of repair, you'll be well within your rights if you insist that they (the other-party's insurer) show you the report.

 

[Germgh0st]

You're obligated to notify your own insurer of the incident, but you are not obliged to make a claim against your own policy. What you do is call up your insurer and let them know that the incident should be recorded as 'notification only' and not a claim.

In terms of 'doing all the work', claiming against your own policy involves the same amount of work as claiming directly against the other-party's policy, however my experience is that when dealing directly against the other-party's insurer the process is more streamlined, and claims get resolved faster. Having another insurer between yourself and the other party's insurer tends to slow things down and often also introduces mistakes and misunderstandings into the process.

That been said, claiming directly against the other-party's policy is only straightforward when the other party accepts liability. If liability is disputed by the other party, then that's where things can get complicated, obviously.

We'll have to agree to disagree there. Once I've given my insurer details of the accident I let them get on with it, I don't have to chase the third party's insurer etc, my insurer does all of that for me and I sit back and let them do the work. It's also not a requirement for a third party to tell you who their insurer is, I've never known this information when I've been involved in an accident. Each to their own way of doing things.

 

[grober]

Sounds as if some Mercedes dealership had run some diagnostics last time the car was serviced. I take it the car has rear air suspension.. If there was a fault in the system it might have thrown/logged a flag that point hence the date/mileage-- however if this was the case they should have informed you at the time. Time for a second opinion both mechanical and possibly legal?

 

[StMarks]

True, however, the claim is always made against a specific policy, and if you're claiming against the other-party's policy then it makes no difference if you happen to be using the same insurer for your own policy.

As an example, I am insured with Aviva, and I have made a claim directly against another driver also holding an Aviva policy. At that point, it made no difference that my own policy (which I wasn't claiming against), also happened to be with Aviva.

I'm sure you will know best, and stand corrected . Fwiw I was thinking that if "Aviva" insured the perpetrator's vehicle, and that numerous vehicles were making a claim, that "Aviva" would use any legal means to reduce that claim's value.?

. It's also not a requirement for a third party to tell you who their insurer is,

Actually that is not correct, you must exchange insurance & identity details with the other party. You can contact the police and give them the details to be passed on if you are unable to do so directly, however you must forward that information.

 

[Germgh0st]

I'm sure you will know best, and stand corrected . Fwiw I was thinking that if "Aviva" insured the perpetrator's vehicle, and that numerous vehicles were making a claim, that "Aviva" would use any legal means to reduce that claim's value.?



Actually that is not correct, you must exchange insurance & identity details with the other party. You can contact the police and give them the details to be passed on if you are unable to do so directly, however you must forward that information.

Nope - all you have to exchange is name, address and registration number - nothing else. That's the only legal requirement.

 

[whitenemesis]

Nope - all you have to exchange is name, address and registration number - nothing else. That's the only legal requirement.

What details should you take after an accident?​

As a driver, you are obliged to give your name and address to anyone else involved in the accident.

You must also provide details of the vehicle’s owner (if different), along with the car’s registration number.

If nobody has been injured as a result of the accident, there’s no legal requirement to provide details of your car insurance, but it might speed up the claims process if you exchange insurance company details and policy numbers.

It's also worth getting their details, because it's possible that at the time of the accident you aren't aware of what injuries you may have suffered.

If another person has been injured, you must produce your certificate of insurance if anyone at the scene has reasonable grounds to request it.

Car accident advice - don't get caught out | RAC Drive

If you’ve been involved in a car accident, there are a number of steps you must take, regardless of who is to blame - here's what you need to do.

www.rac.co.uk

 

[st13phil]

If nobody has been injured as a result of the accident, there’s no legal requirement to provide details of your car insurance

If another person has been injured, you must produce your certificate of insurance if anyone at the scene has reasonable grounds to request it.

Exactly. There is an important (and critical) distinction between damage only and personal injury RTC's.

 

[Germgh0st]

I don't believe that anybody involved in the accident would have 'reasonable grounds' to request your certificate of insurance, that refers to police etc. and they can just look it up or make a call these days.

My partner was involved in an awful accident just before Christmas, a drunk driver doing about 60 drove into the back of her whilst she was stationery, pushing her into the car in front, and that car into the car in front. She was quite badly injured, but nobody was asked to produce a certificate of inusrance - not even by the police.

 

[st13phil]

She was quite badly injured, but nobody was asked to produce a certificate of inusrance - not even by the police.

That doesn't mean there isn't a requirement to provide the information if asked.

On a separate note, I hope your partner is OK and fully recovered.

 

[Germgh0st]

That doesn't mean there isn't a requirement to provide the information if asked.

On a separate note, I hope your partner is OK and fully recovered.

No it doesn't, but my original point, which we kind of swayed away from a bit, is in an accident like the OP is describing there is no requirement to exchange insurance details so unless it's voluntarily offered there's no choice but to go through your own insurer.

 

[markjay]

No it doesn't, but my original point, which we kind of swayed away from a bit, is in an accident like the OP is describing there is no requirement to exchange insurance details so unless it's voluntarily offered there's no choice but to go through your own insurer.

When my car was hit while parked in the street, police attended the scene, and they have me the details of the driver including his insurer's name. I then proceeded and claimed directly off the other party's policy, while submitting a 'notification only' notice on my own policy. Both policies were with Aviva, BTW. But I agree that if you don't know who the other party is insured with, it gets more complicated.