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Topic: Insurance info (Read 2488 times) |
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sjtaylor_1999
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Steve
 
Posts: 43
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Insurance info
« on: Jan 4th, 2005, 1:15pm » |
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Story in Brief:
Car parked on road, taxi driver accidentally hits driver’s side rear quarter cause reasonable damage. Admits full liability all going through his insurance.
Now what happens if they decide my car is beyond economical repair as it only has a value of around £ 1500 and with the labor and parts it may come to more than this? Do I have a legal right to insist it is repaired as it was in no way my fault. Because although it has a fairly low value in the last two years I have owned it I have replaced the gear box clutch steering rack all brake disks and rear calipers which has cost a small fortune.
Thanks for your advice
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craig
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right then,this is what i have always been told,and led to believe,and i think is pretty much 99.9% accurate....
IF you are unfortunate enough to have an accident THAT IS NOT YOUR FAULT,you are perfectly entitled to request the car be put back to the condition it was prior to the accident,at the driver who was responsible expense (IE. his insurance company's cost).............
if the other drivers insurance company do decide to write the car off,because of the unreasonable cost of the repair,you can still make the request to have the car restored AT THERE EXPENSE,as long as the accident in the first place was NOT your fault...............
do hope this is still the case,it was what i was told by my insurance companys "engineer",when he came to view my car after a rear ender nearly 2 years ago now...
good luck...
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waders
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sjtaylor,
do you have legal cover with your ins? If you do call them!!
 
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desperate
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If it's an uneconomical to repair then it's a cat C write off (i think) and the insurance will pay you the lesser of either the repair or the car value.
You can repair the car but they will need you to pay the balance.
What i'd do personally is allow them to write it off but subtract the £50 for salvage value and either keep/repair it or sell the bits off your self.
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johnv
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1st. THE LAW.
This says you are entitled to be compensated in full. you are not allowed to gain but also you are to be at a loss. and that you must mitigate yours losses.
That's a posh way of saying don't try and claim for a Rolls Royce, when your loss was a mini.
2nd. You know what insurance companies are like, particlular motor companies. I can tell you which ones are the worst. They will try first to get out the claim then if they can't they will try and pay out as least as they can.
3rd. Your claim is against the person who did the damage not with his insurance company.
4th. Put your claim in for your total losses. that is the full cost of re-instating your car as it was before the event. Your claim is against the driver. Then tell the driver, that if you are not compensated for the damage in full you will issue proceeding against him in the small claims section of your nearest County Court. I can tell you how to do that. You pay a small fee to issue.
You might want to do a print out of this and send it to the driver.
The driver will of course pass your claim onto his insurance company which is normal but remember your claim is against the person who did the damage not his insurers.
In your case, the market value has no bearing on the claim. If it was you claiming for you damage then yes. but the others have pointed that out all ready.
I only hope you kept the receipts for all the recent work you say you have had done.
So you need to look at Parker's guide to see how much your car is worth plus the major cost of work you have had done.
But don't be silly you can't charge for new sparking plugs, oil filter and oil etc, etc.
But you can charge for the major items, like you say, steering rack, gearbox, clutch, brakes etc. but you might have to reduce any claim to compensate for any mileage you had done on new parts.
I would not go down the road of savage. In your case it don't apply.
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johnv
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I forgot an important point.
You say that the driver admitted fault.
That's it then. The Insurance Company can now refuse to meet the claim, in total because their insured, are in clear breach of the terms of the insurance policy.
Not saying they will, but they can and there is nothing the driver can do.
But you would then have to sue the driver in the small claims.
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Fitzy
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WILMAAAAAAA !!!!!!!!!!!!
Posts: 254
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Re: Insurance info
« Reply #6 on: Jan 6th, 2005, 1:58pm » |
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Unfortunately the way the insurance companies work now is that if they write the car off as uneconomical to repair, which they class as upto 2 thirds of the value you have nochoice but to accept this as they will not repair the car under any circumstances. but you do have the choice afetr settlement to buy the car back off them or as is the norm mow off the salvage company they instruct to dispose of the car.
I know this because i was involved in an accident in November 2003 and claim was settled in March 2004, third parties insurance company wrote car off as uneconomical to repair and payed me the market value in respect of enough i theory to go and buy similar car in exact same conditon irelevent of what you have spent on it over the yaers or what you value the car at.
I was allowed to keep the car aswell because the salvage company couldn't be bothered to come and collect so they said i could do what i wanted with the car, so i sold it to a neighbour for £300 who got it repaired and back on the road for about £400, and my brother-inlaw who is a solicitor said you cannot insist they repair it as they will not payout more than the value of the car or arethey obliged to do so.
That was my experiance anyway. Good luck with your claim.
Fitzy  
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DON'T KNOW HOW OR WHY I DO IT......BUT I LOVE IT...........
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Lee
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2.9 12v ultima the mutts
Posts: 448
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Re: Insurance info
« Reply #7 on: Jan 6th, 2005, 4:16pm » |
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Hi, i work for a salvage company and the insurance company most probaly won't repair the car as it has to be repaired with new main dealer parts only and gaurnted for five or more years. the company i work for would turn up for the car, but you can buy it in a auction and repair it yourself for a lot less .if it is a cat 'C' you have to have it mot'ed at a approved DVLA place only hope this helps
lee
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wumpster
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i had an a bump last year in my old merc it was worth 1,500 but i insured it with a valuation of 3500 and the damage was 2,200 but i held my ground and insisted it was repaired as it was not my fault and they did eventualy repair it after a month if it is of any help to you
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johnv
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I can only say again. those posts that say that a insurance company will write off a car if the repairs are to cost more than the car is worth is just so very wrong.
If you are making a claim yourself on your policy, then yes that is correct.
But that is not YOUR case. You are saying that you where parked, and along came a taxi and damaged your car. and that you are claiming against the taxi driver.
You are entitled to have your car re-instated, to as it was. (if that is what you wish).
plus all your costs and losses.
If you want the telephone number of a insurance expert who will advise you correctly I can give you this.
This person is a real expert, in motor law, not just an run of the mill solicitor.
I know of a scout group who had the same as you someone damaged their scount minibus while it was parked.
The insurance company. (Norwich Union) offered them a small sum of money as a write off because the vehicle was not worth the cost of the major repairs needed.
But after I told them to issue a summon against the driver of the other vehicle, it all went along the chain till the last link and then two days before the trial day. Norwich Union said just go and get the work done and we will pay whatever it takes.
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johnv
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I going to say this again, so that there is no doubt on this point.
If you make a claim on YOUR policy, then if the cost of repairs are going to be more than the market value, they will not pay more. even if you have valued your car at a very high figure.
But if your claim is again the other party, because it was his fault that goes out of the window.
Of course, if the other person says it was not his fault then that is where it all turns nasty
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Fitzy
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WILMAAAAAAA !!!!!!!!!!!!
Posts: 254
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Re: Insurance info
« Reply #11 on: Jan 6th, 2005, 9:01pm » |
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But my claim was against "SOMEONE ELSE" and not a claim on "MY OWN INSURANCE", i argued the case for it to be repaired to how it was before the accident but repair would have been around 2 to 3 grand using BMW original parts even though car was only worth about £1800, so you are wrong JohnV, they are npt obliged to repair to original state, sometimes they might do this as a goodwill gesture but they don't have to do it.
I have had to go through this twice in four years and each time car has been written off despite me arguing otherwise and threatening all kinds of leagal action, still ended up writting the cars off. The first accident happened while i was on holiday and car was parked outside my house at the time, only found out when i got home 10 days later, but there was a note on my windscreen with the drivers details admiting full liability as he was an Underwriter at Lloyds of London, and when i argued to have it repaired i got sent all the legal paperwork explaining how the write-off procedure works and if it totals a certain amount of its value or more the car is a write-off and "WILL NOT BE REPAIRED" and this was a claim against a third parties policy and "NOT AGAINST MY POLICY".
Fitzy
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DON'T KNOW HOW OR WHY I DO IT......BUT I LOVE IT...........
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sjtaylor_1999
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Steve
Posts: 43
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Re: Insurance info
« Reply #12 on: Jan 7th, 2005, 12:25am » |
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Thanks everyone, even though there appears to be some disputes still waiting to hear from the insurance company will let you know as soon as i know.
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craig
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disputes 
what disputes ....
OK then,could it not be that certain insurance company's act in certain ways,i know there is one "legal" way to do everything within the rules,but is there also a clause that can err on the side of common sense or no,it seems some of us have been told 1 thing,whilst others another,i dont think anybody is doubting anybody else,but certain insurance company's might be more "helpfull" ( ) than others.......
i dont know,all i said was what i was told when i had my accident,as have others.......
watch the outcome of this one me thinks...... 
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johnv
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Sorry Fitzy I am not wrong, because I know what the law is. So what you seems to have happened to you is that you where talked around or should I say bullied around to going along with what they wanted to do.
No insrance company can made their own rules up to cancel out the law.
How often have we heard the saying (its not our policy to) You say £2000 to £3000 to repair a £1800 car. So what?
Anyone can get a half hour free interview with a solitior to see if they have a case. but go to one that specialises on motor insurance.
Its seems like Fitzy is the same as most, took his case so far and them gave up in the end.
If this case had gone to court, provide you had proved that you where not at fault and was making a claim against the person who did the damage you would have been awarded the cost of your losses. Which would have been the cost of putting you back in the position you where before the damage.
I can only say it again, The law is the law. and that's it.
No insuance company can made their own laws up to cancell out the laws we have in the United Kingdom.
They might try to bully a person into accepting what they say their policy is and all that rubbish, its up to you to bully them back.
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about five years ago I had a policy with Commercial Union for tools and goods inside my Vans.
One day in the middle of an afternoon while parked at a large B & Q car park. someone lever open the back door and stole £4000 of my tools.
The insuranced company said they would not pay as the van had been left un-attended. (what a load of bull, I had gone into the store to do some shopping, 15 minutes).
Then they said that they only pay if the vehicle had been violent attacked at the time of the threft. because the van had not much damage as they levered the door open, they would not pay.
So straight away without any more playing around with their nonsense, I entered into Coventry County Court a summon for breach of contract.
They sent around two serpate inspectors to look at the van on two occasions who started looking all around to try and find reasons not to pay out.
They told me that they where going to retain their stance.
So what was the outcome, I received £3000 not £4000 because in the policy it had a cause for age of equipent in it. I was awarded expenses in attending court and lost earning.
Now have I made it clear, If you just give up and roll over dead, you are just what insurance company want. They are getting away with it most of the time because they know there will be a good chance that people will just grow tried of all the hassel and summit.
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john.n
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I love my cossie
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Re: Insurance info
« Reply #15 on: Jan 7th, 2005, 7:35am » |
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Just to add to all this. If a car is repaired after being considered a "cat c" or worse , it will also be required to undergo a V.I.C- Vehicle identification check at a local ministry testing station. Cost is just below £30 at the present time. You will receive notification of this when you put the car back on the road. john.n 
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johnv
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Insurance Companies. All the time I am hearing from people around me how little they pay for their insurance. There as been posting on this site asking how much people pay.
People who pay less than others are so pround of themselves because their insurance is a few pounds cheaper.
I say this, you get what you pay for.
You have to be 50 years of age to insurance with SAGA.
I have all my insurance with them.
My four cars, my house and house contents, my telphone account, my gas and electic. shall I just say all my business with them to save listing all.
They are brillant. you phone and they are there straight away, no press this buttom or that buttom etc.
They are their own insurance company, not a broker for insurance companies.
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Lee
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2.9 12v ultima the mutts
Posts: 448
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Re: Insurance info
« Reply #17 on: Jan 7th, 2005, 4:43pm » |
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i don't know the law but i agree with John the insurance companies are bullies and want it all there own way,and we let them do it , also sjtaylar if they do write it off and you get offered a pay out refuse first 1 as insurance companies go in low, they are not allowed to do this but they do good luck
Lee
Ps john you seem to know your stuff
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johnv
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my last post on this then it time to leave it.
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What has been going on here with these posts is that everyone is on about insurance companies.
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Its nothing in Sjtaylor's case an insurance matter. in the direct sense.
Its a claim for damages by Sjtaylor, upon a taxi driver, for causing damage to his car. FULL STOP, that's it, nothing more.
Sjtayer is in a very strong position. In that his car was parked. he his just so lucky.
In both cars moving damage cases, it get more argunmentive as to who is to blame and in what portion.
If I was sjtaylor, I would not be waiting upon the pleasure of any insurance company. I would have entered a summon against the taxi driver, the forms are so simply to fill in. You have to send in three copies. One for the court one they will stamp and send to the taxi driver and one they will stamp and return to you.
So the taxi driver will go runnning off to his insurance company with the summon and both parties will be under no doubt that you mean business.
Look you know what going to happen next, you don;t need to be told.
After messing you about for some time they will then offer you a silly amount on the hope that you will except.
If you start to female dog about it hard and long enough they might increase it a bit more.
But then they will tell you take it or leave it.
That;s when people are saying they took what was offered.
If you don't take the matter to court, how do you know what you could have acceived.
You will never ever know, you will alway wonder what sum you might have got if you had.
In most cases the insurance company will take you to two or three days before the court hearing and them might pay up, in a number of cases they do.
When you go to court you will be taken into a room with a District Judge who is a Barrister. He is sometime referred to as a Circuit Judge.
Just remember, call him Sir every six word you utter, don't argue with him and creep round him like you have never creeped before.
In other words, be very respectful of him at all times because if you don't he will jump on anyone from a great height.
If the insurance company turn up with soiclitors, there costs will not be allowed, in the small claims court. so you need not be put off by if you lose you will have to pay massive costs.
That just might put the insurance company off going to court, because they will have massive costs in attending in court that they will not be able to recover.
Anyway good luck to you and remember you are NOT involved in an insurance claim. It is for damaged against the taxi-driver.
I got to make the point again all insurance policies state very clear, donot admit liaibity.
If you do you are in breach of your policy and they can walk away without paying anything.
But you still have a claim against the taxi driver but if you win might them have to accept so much per week if he don't have the means to pay you in full in one go.
And finally to lee, thanks for you support.
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johnv
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How did that Pregrant dog get into my last posting. I did not say that. I said if you female dog enough.
I hope this site don't change it again on this posting
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