Car Insurance Advise Please

[shalfordninja33]

I'm appealing to the PW massive for some guidance here.

 

On Friday evening driving home from work a car travelling in the opposite direction came out of the opposing lane and sideswiped the drivers side of my car, both doors are damaged, rear wheel, suspension torn from the mounting with damage to the sub-frame, rear quarter panel and rear bumper.

 

The other party admitted liability to me and the police at the scene, complaining that she couldn't steer the car, the police took the other car away for further investigation due to suspect front tyres. I have a police incident number and have requested the insurer obtain a copy of the report.

 

I'll called my insurer, who got my car collected and arranged a courtesy car for me. My car has now been inspected by the insurers assessor who've recommended that the car is "uneconomical to repair". The insurance company has offered me a settlement of £8,500. They said the amount is based on research on similar cars currently on sale both privately and through the motor trade. I don't believe this is accurate as I did a little bit of research myself and I've seen 2 cars in the whole of the UK for the value I'm being offered. I find the average price to be around be between £8,800 and £9,300. I got it from a main dealer with a years warranty Its a Vauxhall Insignia sri Nav with 33k on the clock. I paid £11k for it in March.

Has anyone ever rejected the offer and if I do what happens next? I don't want to make out of it, just replace the written off car with the same age/mileage/condition car that I've lost.

 

I'm assuming the as the liability is with the other party and not in question my insurer will the claiming everything back from them.

 

Any advise would be greatly appreciated!!!

[Essex Keeper]

Allways refuse first offer

Edited November 13, 2015 by m2tyj

[daveboy]

I had this years ago.I told them to get me a replacement car of the same spec/mileage when they couldn't they increased the offer.

[Duckandswing]

As the others have said. Tell then politely that the offer is not fair.

[subsonicnat]

Tell them your not satisfied with the quote, as its not a true Reflection of the cars value at this time..

They always try it on, keep writing to them, better than some plonker on the phone who is not really interested anyway..

[timps]

Went through this very thing with my mum’s car, third party fault mum claimed on her own insurance I sorted it out for her, she like you bought from a main dealer.

 

Write to your insurance that the car was purchased from a main dealer in march for £11000 include a receipt, you do not accept the level deprecation they are claiming.

 

List all the extras on the car and details such as owners, mileage and service history etc.

 

Point out you purchased from a main dealer because of their used car program safety/mechanical checks, HPI, warranty and protection from fraud. Print out all the benefits of the Network Q program http://www.networkq.co.uk/network-q-programme/ and include that.

 

Go onto the Vauxhall main dealers website and print off all the cars with the minimum specification of your old car. Do not include any that don’t have your important extras such as sat nav, sunroof, alloys or metallic paint etc and highlight the ones in your local area.

If they want you to travel to the Outer Hebrides to get a cheap car that has to be factored in.

 

 

Point out if they can purchase your exact specification car with all the benefits of the approved Vauxhall used car program for £8500 please could they forward the details so you can purchase it.

 

 

You don’t have the right of betterment but you do have the right not to be at a loss. Your car had a balance of a warranty left, it had been checked to the network Q standards, free roadside assist, discount on service and repairs etc. you will accept nothing less than this. If they state there was only so long left on the warranty that doesn’t mean they can just discount it as a whole, they have to at least supply the balance, something impossible to do unless through a main dealer.

 

 

They will play cat and mouse with several counter offers but stick to your guns and they will offer somewhere around the main dealer prices for your cars specification.

 

 

The only issue is your hire car, once they write your car off and offer a settlement they usually want the car back so you will have to factor in a hire car. You should be able to claim this back from the 3rd party but it is out of pocket expenses you have to find at the time then pursue the third part rather than your own insurance (it was in my case anyway).

 

 

My mum stuck to her guns and got the offer upped to mid main dealer prices but it did take a little time and she had to hire a little car for a couple of weeks.

 

Just back up what you are saying with proof, ie printouts.

 

 

It was worth the effort and I would do the exact same again.

good luck.

Edited November 13, 2015 by timps

[Davyo]

I'm appealing to the PW massive for some guidance here.

 

On Friday evening driving home from work a car travelling in the opposite direction came out of the opposing lane and sideswiped the drivers side of my car, both doors are damaged, rear wheel, suspension torn from the mounting with damage to the sub-frame, rear quarter panel and rear bumper.

 

The other party admitted liability to me and the police at the scene, complaining that she couldn't steer the car, the police took the other car away for further investigation due to suspect front tyres. I have a police incident number and have requested the insurer obtain a copy of the report.

 

I'll called my insurer, who got my car collected and arranged a courtesy car for me. My car has now been inspected by the insurers assessor who've recommended that the car is "uneconomical to repair". The insurance company has offered me a settlement of £8,500. They said the amount is based on research on similar cars currently on sale both privately and through the motor trade. I don't believe this is accurate as I did a little bit of research myself and I've seen 2 cars in the whole of the UK for the value I'm being offered. I find the average price to be around be between £8,800 and £9,300. I got it from a main dealer with a years warranty Its a Vauxhall Insignia sri Nav with 33k on the clock. I paid £11k for it in March.

Has anyone ever rejected the offer and if I do what happens next? I don't want to make out of it, just replace the written off car with the same age/mileage/condition car that I've lost.

 

I'm assuming the as the liability is with the other party and not in question my insurer will the claiming everything back from them.

 

Any advise would be greatly appreciated!!!

This worked for a mate a few years back,go through auto trader and find car same model colour,mileage the lot pref from trader.Print off and tell them you will be happy with the same screen price or they can purchase one for you.

[shalfordninja33]

Thank you for your sensible replies, its a great help.

 

I'm going to print off the examples from Autotrader, I've left a message with the assessor to give me a call to reconsider their offer based on the examples I've found.

 

They've also offered to replace the written off car with the same model/age/mileage etc so I'll ask to see some examples.

 

Thanks Again.

[Davyo]

Stick to you guns mate, let us know how you get on.

[Fuji Shooter]

Its amazing what costs they put down for repairs when they can write a car off for that value. Good luck in your search for a replacement.

[shalfordninja33]

Its amazing what costs they put down for repairs when they can write a car off for that value. Good luck in your search for a replacement.

it's in such good condition for its age as well, had a few marks on the bodywork but the interior was perfect, it was ex Motability scheme, 1 owner from new and 19k mile when I got it.

 

The assessor is calling me back this afternoon, if I cant get examples of a similar car for £8.5k or the £9k odd I need to replace it I'll write to them.

[Duckandswing]

Went through this very thing with my mums car, third party fault mum claimed on her own insurance I sorted it out for her, she like you bought from a main dealer.

 

Write to your insurance that the car was purchased from a main dealer in march for £11000 include a receipt, you do not accept the level deprecation they are claiming.

 

List all the extras on the car and details such as owners, mileage and service history etc.

 

Point out you purchased from a main dealer because of their used car program safety/mechanical checks, HPI, warranty and protection from fraud. Print out all the benefits of the Network Q program http://www.networkq.co.uk/network-q-programme/ and include that.

 

Go onto the Vauxhall main dealers website and print off all the cars with the minimum specification of your old car. Do not include any that dont have your important extras such as sat nav, sunroof, alloys or metallic paint etc and highlight the ones in your local area.

If they want you to travel to the Outer Hebrides to get a cheap car that has to be factored in.

 

 

Point out if they can purchase your exact specification car with all the benefits of the approved Vauxhall used car program for £8500 please could they forward the details so you can purchase it.

 

 

You dont have the right of betterment but you do have the right not to be at a loss. Your car had a balance of a warranty left, it had been checked to the network Q standards, free roadside assist, discount on service and repairs etc. you will accept nothing less than this. If they state there was only so long left on the warranty that doesnt mean they can just discount it as a whole, they have to at least supply the balance, something impossible to do unless through a main dealer.

 

 

They will play cat and mouse with several counter offers but stick to your guns and they will offer somewhere around the main dealer prices for your cars specification.

 

 

The only issue is your hire car, once they write your car off and offer a settlement they usually want the car back so you will have to factor in a hire car. You should be able to claim this back from the 3rd party but it is out of pocket expenses you have to find at the time then pursue the third part rather than your own insurance (it was in my case anyway).

 

 

My mum stuck to her guns and got the offer upped to mid main dealer prices but it did take a little time and she had to hire a little car for a couple of weeks.

 

Just back up what you are saying with proof, ie printouts.

 

 

It was worth the effort and I would do the exact same again.

good luck.

Copy this, paste into an e-mail, edit slightly and send. That should do the trick. Great post.

[shalfordninja33]

Update chaps,

 

Had a very long conversation with the assessor this afternoon and their initial offer has increased from £8,500 to £8,700. I've knocked that back stating its still insufficient to replace with a like for like Network Q car.

 

He then reeled off 10 cars and their locations all of which could be purchase for less than £8.5k. These were all private sales or small independents that wouldn't have any of the Network Q checks, warranty etc.

 

We've agreed to disagree at the moment, I've instructed the Network Q dealer I bought the car from originally to find me 3 examples that fit the criteria of my old one and send me the details along with the price for each, I'll then email them to the assessor and have a further discussion next week.

 

My insurers are waiting for the other Party to confirm liability, which could take another week, I'm going to string it out for at least that amount of time. On the assumption they stick to their original admittance of liability I'm hoping this will give me recourse to claim for hire car, fuel in the old one, (I'd filled it up 20mins before the accident!)

[fse10]

Hi, i believe as the other party has hit you & admitted it was their fault so their insurance company will be footing the bill you have the right to insisted your car is repaired to the condition it was before the rtc & not written off, of cause you will not want this but may help you get what you think is a fair price for you car.

[mossy835]

stick it out you may get more.

[CharlieT]

I had a similar problem with one of our vehicles, as the third party was to blame and admitted I sent them personally a bill for the true replacement value requesting payment within 14 days. When payment was not made within this time I instructed my solicitor to start proceedings which he did and within 3 weeks the 3rd party's insurer sent a cheque.

[Bigbob]

As said never accept there first offer years ago I wrote off the wife car they phoned her with there offer she rejected it saying where could she buy the same motor as a replacement for that amount they phoned back two hours later upping the offer and telling her where to go to see three car at that money locally

[shalfordninja33]

I had a similar problem with one of our vehicles, as the third party was to blame and admitted I sent them personally a bill for the true replacement value requesting payment within 14 days. When payment was not made within this time I instructed my solicitor to start proceedings which he did and within 3 weeks the 3rd party's insurer sent a cheque.

The other party admitted liability to me and the police at the time. My insurers litigation department is waiting for the other insurer the confirm liability. I've told the assessor that I wont make a decision or accept an offer on my car until the other party confirms liability. If that doesn't change my insurers valuation of my car I intended to claim the difference back from the other parties insurance, I assume I would need an independent solicitor to do this rather than my insurers legal people?

 

As said never accept there first offer years ago I wrote off the wife car they phoned her with there offer she rejected it saying where could she buy the same motor as a replacement for that amount they phoned back two hours later upping the offer and telling her where to go to see three car at that money locally

I knocked back the first offer and they increased it by £200.00 listing 6 examples locally that could be bought for the figure or less than I've been offered, they were all small independent dealers that wouldn't give me the piece of mind a franchised dealer car would.

 

Once the liability has been confirmed I'll speak to my insurers legal dept and find out what the options are, if they don't help me I'll seek independent advise. I've also got the Network Q dealership supplying me examples of like for like replacements and the retail value so that I can push further with the assessor and legal people.

[timps]

I wouldn’t accept a low offer from your insurance as this could be considered full and final settlement for the car leaving you no grounds to make any further claims. You would only be then able then to claim uninsured losses on things you haven’t already been paid out for.

 

You make your case against your own insurance on the grounds that the six cars locally are not of the same value as your car. You paid a premium for your car because it had the checks and warranty of a main dealer. Purchasing a car without those checks and warranty is a provable loss. You can prove how much a car with similar mileage, age and Network Q guarantees are and how much cheaper private sales / independents that do not come with those guarantees are.

 

That difference is quite simply your provable loss, very winnable in court and they know it would cost an arm and a leg to defend with a low chance of success although nothing is guaranteed in court.

 

They knocked me back at first but my last correspondence was pointing out my next correspondence would be a letter before action where they would have to set out their case as to why I should accept this provable loss to be put in front of a judge.

 

If my mum wanted to take the cheaper option and take the risk of a private sale she would have done that in the first place, she didn’t so wasn’t going to start now just because they didn’t want to pay what they were legally obliged to pay for.

 

The offer went from an original £11k to a settled offer of £15995 which was the midpoint of dealer priced cars, so it can be done.

 

All the uninsured losses were then sorted in a court hearing through the legal expenses company which was against the third parties insurance not my mum's insurance and I didn’t have any involvement in this bit.

[CharlieT]

The other party admitted liability to me and the police at the time.

 

Once the liability has been confirmed I'll speak to my insurers legaldept and find out what the options are, if they don't help me I'll seek independent advise. I've also got the Network Q dealership supplying me examples of like for like replacements and the retail value so that I can push further with the assessor and legal people.

 

Just remember that your claim for damages, is against the driver. Just because he is legally obliged to have insurance in place does not alter the fact that he/she is responsible and therefore, your (reasonable) claim for any loss should be directed at him.

 

I'm fed up with insurers trying it on, which is why I now bypass them and direct my claim at the individual themselves. It has never failed !

[shalfordninja33]

I finally got some closure on this yesterday.

 

Following many many phone calls, emails with supporting evidence and threats of legal action I've accepted the full CAP valuation of the written off vehicle at £8,900.00.

 

Just put a deposit down on a 2013 model of the same spec with 20,000 miles on the clock, 12months warranty, Network Q etc, I'm putting an additional £300.00 in to get something newer, with less emissions (road tax £30.00 rather than £145.00) and 13,000 miles less on it than the one I've lost.

 

My insurers are chasing the liability confirmation, if the other insurer plays up my legal dept will request the police report that details the other party admitting liability at the scene. Once that's confirmed I'll be able to claim my excess back and any other expenses relating to the issue.

 

I really appreciate the advice the PW massive offered on this, whilst I'm out of pocket at the moment, once I've got the excess and hire car expenses back I'll have come out of it with a newer, more efficient car with less miles on the clock for £300.00.

 

Thanks again.

[Vince Green]

Do you have uninsured losses cover as part of you package? Also what declared value was the car insured for?

 

I have found a solicitors letter to the insurance company pointing out that they quoted for, and accepted a premium.from you based on a declared valuation of £11,000 (or whatever) and that formed the basis of a contract usually results in a full payout. Especially as its not your fault so they will be reclaiming it from the other party's insurer anyway. We have had to do it many times. The man you are dealing with on the other end of the phone is a profession flim flam man. A firewall. It has nothing at all to do with what they say the car is worth, Its the value they accepted when you insured it because that was the basis on which they calculated the premium.

 

Tell the solicitor to put in the letter that he holds them liable for his fees and any other costs incurred by you in this matter as well as they are trying to act outside the agreement made between yourself and them on the day you took out the policy.

 

Its a game of top trumps because they won't want to go to court, they know they won't win

Edited November 22, 2015 by Vince Green

[shalfordninja33]

Do you have uninsured losses cover as part of you package? Also what declared value was the car insured for?

 

I have found a solicitors letter to the insurance company pointing out that they quoted for, and accepted a premium.from you based on a declared valuation of £11,000 (or whatever) and that formed the basis of a contract usually results in a full payout. Especially as its not your fault so they will be reclaiming it from the other party's insurer anyway. We have had to do it many times. The man you are dealing with on the other end of the phone is a profession flim flam man. A firewall. It has nothing at all to do with what they say the car is worth, Its the value they accepted when you insured it because that was the basis on which they calculated the premium.

 

Tell the solicitor to put in the letter that he holds them liable for his fees and any other costs incurred by you in this matter as well as they are trying to act outside the agreement made between yourself and them on the day you took out the policy.

 

Its a game of top trumps because they won't want to go to court, they know they won't win

Thanks for the advise. I'll look through the policy further.

 

I can still persure this furthereven though I've accepted their valuation?

[sportsbob]

Quote "I really appreciate the advice the PW massive offered on this, whilst I'm out of pocket at the moment, once I've got the excess and hire car expenses back I'll have come out of it with a newer, more efficient car with less miles on the clock for £300.00.

 

Thanks again."

 

Once this is all over and liabilities etc have been agreed you would think it is all over however you will still have to notify future insurers for up to five years that you have had a claim and give details of the total amount claimed which includes the loss of the third party. Even if you are found not at fault this can still lead to a load on your premium so it will have cost you a fair bit more than £300. I had something similar a few years back and when comparing a quote both with and without declaring the claim in most cases the premium was lower without the declaration.

Edited November 26, 2015 by sportsbob