Insurance Claim Help

[Dave Lakes]

Hi All, hoping for some advice in this minefield of insurance claims.

Someone crashed into my wife recently, car written off, the other party accepted fault, no problems so far.

Inevitably the valuation to replace the car has come back low, even after a review. Essentially I can’t find a single comparable car advertised that’s within 25% of their valuation.

Reading the FCA advice, it’s not particularly clear what options are available to us, and it’s deemed fair to just go off trade guides values, plus knocking off significant sums for every little knock and scratch.

Furthermore, she will have to take time off work, and travel a good distance (we live quite remote) to source a replacement, so that’s going to put her another few hundred quid worse off.

I could almost understand both of these things if she was at fault and claiming on her own insurance, but to be the innocent party and still end up significantly out of pocket doesn’t seem right.

Any help appreciated on-

What to do about low valuations?

What to do about other loss due to an accident caused by a third party?

Thanks in advance.

 

[andyk]

How is she claiming? Is she claiming from her insurance, with the expectation they recover from the at fault insurer or claiming directly from the at fault insurer?

If she’s claiming against her own, the claim is contractual and will be subject to their terms and conditions, so check how they describe what they will pay - full replacement value, trade value etc. it’s also likely (but check) that they will not cover lost time, expenses etc in finding a replacement and they have no obligation of they haven’t agreed to covered this.

If she’s going against the at fault insurer, her claim is in negligence and she can claim any reasonably foreseeable loss, so should be able to ask for full value plus any out of pocket expenses and other costs.

In theory, if she claims against her insurance she could then claim a ‘top up’ from the at fault insurer but most insurance contracts will see you assign your right of claim to them as part of any claim you make on the policy. So, in practice, once you settle with your insurer that’s it. However, check the wording as that’s where the detail will be.

 

[Tim.243]

Hi All, hoping for some advice in this minefield of insurance claims.

Someone crashed into my wife recently, car written off, the other party accepted fault, no problems so far.

Inevitably the valuation to replace the car has come back low, even after a review. Essentially I can’t find a single comparable car advertised that’s within 25% of their valuation.

Reading the FCA advice, it’s not particularly clear what options are available to us, and it’s deemed fair to just go off trade guides values, plus knocking off significant sums for every little knock and scratch.

Furthermore, she will have to take time off work, and travel a good distance (we live quite remote) to source a replacement, so that’s going to put her another few hundred quid worse off.

I could almost understand both of these things if she was at fault and claiming on her own insurance, but to be the innocent party and still end up significantly out of pocket doesn’t seem right.

Any help appreciated on-

What to do about low valuations?

What to do about other loss due to an accident caused by a third party?

Thanks in advance.

It is the deals the insurance company's have with salvage yards also the body shops, my ranger was hit with me at no fault but they lead me a merry dance as it was a N/S non structural (the rear tub) I had the assessor around and listened to his tune and put him straight. Brought it back @10% and a cheque for 3.5k.
There are such things as contract repairs which is an option unless it is very bad as it is easier for them to write it off as paper is easier to push around than a panel.
Good luck and start digging your heals in, If they start giving your BS call the Insurance ombismin and they will back down

 

[Dave Lakes]

How is she claiming? Is she claiming from her insurance, with the expectation they recover from the at fault insurer or claiming directly from the at fault insurer?

If she’s claiming against her own, the claim is contractual and will be subject to their terms and conditions, so check how they describe what they will pay - full replacement value, trade value etc. it’s also likely (but check) that they will not cover lost time, expenses etc in finding a replacement and they have no obligation of they haven’t agreed to covered this.

If she’s going against the at fault insurer, her claim is in negligence and she can claim any reasonably foreseeable loss, so should be able to ask for full value plus any out of pocket expenses and other costs.

In theory, if she claims against her insurance she could then claim a ‘top up’ from the at fault insurer but most insurance contracts will see you assign your right of claim to them as part of any claim you make on the policy. So, in practice, once you settle with your insurer that’s it. However, check the wording as that’s where the detail will be.

That’s interesting, I actually have no idea! She informed her insurers about the crash and they are handling everything. I didn’t imagine that it was even an option to claim from you own insurers where the other party is present and accepting liability. I’ll check on that

 

[Dave Lakes]

It is the deals the insurance company's have with salvage yards also the body shops, my ranger was hit with me at no fault but they lead me a merry dance as it was a N/S non structural (the rear tub) I had the assessor around and listened to his tune and put him straight. Brought it back @10% and a cheque for 3.5k.
There are such things as contract repairs which is an option unless it is very bad as it is easier for them to write it off as paper is easier to push around than a panel.
Good luck and start digging your heals in, If they start giving your BS call the Insurance ombismin and they will back down

I’m looking at the buy back and repair route, but it was a pretty decent rear shunt, so it might be knackered beyond reasonable repair

 

[Whitefront]

That’s interesting, I actually have no idea! She informed her insurers about the crash and they are handling everything. I didn’t imagine that it was even an option to claim from you own insurers where the other party is present and accepting liability. I’ll check on that

Be a bit careful about the other party "accepting liability". Many policies do not allow a policy holder to openly volunteer an acceptance of liability (ie except in private, to their own insurer), on the basis that it is for their insurer to establish this and negotiate accordingly. Daft, I know, because if one is clearly at fault then it seems only polite to admit it and apologise to the victim. However, technically in such cases the insurance co might possibly be able to refuse to accept the burden of the liability, with the claimant then being forced to sue the party who had openly said it was their fault to the other side. I personally have never heard of this actually happening, but you never know....

 

[J.kerslake]

It is the deals the insurance company's have with salvage yards also the body shops, my ranger was hit with me at no fault but they lead me a merry dance as it was a N/S non structural (the rear tub) I had the assessor around and listened to his tune and put him straight. Brought it back @10% and a cheque for 3.5k.
There are such things as contract repairs which is an option unless it is very bad as it is easier for them to write it off as paper is easier to push around than a panel.
Good luck and start digging your heals in, If they start giving your BS call the Insurance ombismin and they will back down

I’ve just bought my pick up back from the nfu after they wrote it off as category N but they charged me 40%!!

 

[Dave Lakes]

I’ve just bought my pick up back from the nfu after they wrote it off as category N but they charged me 40%!!

Well the garage has just confirmed that the repair cost is twice what the insurance are offering to give us, so I guess that option is out the window!

 

[Dave Lakes]

Be a bit careful about the other party "accepting liability". Many policies do not allow a policy holder to openly volunteer an acceptance of liability (ie except in private, to their own insurer), on the basis that it is for their insurer to establish this and negotiate accordingly. Daft, I know, because if one is clearly at fault then it seems only polite to admit it and apologise to the victim. However, technically in such cases the insurance co might possibly be able to refuse to accept the burden of the liability, with the claimant then being forced to sue the party who had openly said it was their fault to the other side. I personally have never heard of this actually happening, but you never know....

Yeah I’ve heard that too, fortunately both insurers agree on who was at fault. A good job too as this is enough of a headache already

 

[Jimbob39]

Claim whiplash and injury to offset the loss in vehicle value? Seems t9 be the modern way of things now.

 

[Dave Lakes]

Claim whiplash and injury to offset the loss in vehicle value? Seems t9 be the modern way of things now.

Yeah I can’t help but feel like realistic valuations would avoid a lot of those claims. Just not our thing though.

 

[tozzybum]

Had similar with Ha..ing direct over a 406 ,had a blow out ended in a ditch on the roof.
Only had the car a week, valued at 2600 for insurance, they offered 1100 .
Their assessor was quite abrupt despite my saying you insured it and took my money only a week ago .
I contacted their M.d to express my disgust, he agreed with me and upped the offer to 1800.
Not what I paid but less of a kicking. Good luck.

 

[HonestJohn]

Insurance is like a casino, house always wins.

 

[slider]

First read the small print in your policy VERY carefully to assess your opinions.

Collect evidence of similar cars from autotrader et Al and submit them to the insurance company. Tell them you don't want a monetary payment but want to be supplied with an equivalent car.

Threaten them with the insurance ombudsman is they don't up their offer. Takes time but a threat might be enough

 

[Dave Lakes]

First read the small print in your policy VERY carefully to assess your opinions.

Collect evidence of similar cars from autotrader et Al and submit them to the insurance company. Tell them you don't want a monetary payment but want to be supplied with an equivalent car.

Threaten them with the insurance ombudsman is they don't up their offer. Takes time but a threat might be enough

The crazy thing is, while all this back and forward is going on, the insurance company is paying for a hire car. They’re going to end up paying out what we’ve asked for just in hire car costs

 

[timbrayford]

First read the small print in your policy VERY carefully to assess your opinions.

Collect evidence of similar cars from autotrader et Al and submit them to the insurance company. Tell them you don't want a monetary payment but want to be supplied with an equivalent car.

Threaten them with the insurance ombudsman is they don't up their offer. Takes time but a threat might be enough

A court summons works better than any ombudsman. A close friend of mine got a judgement against AVIVA, they still didn't pay so he took out a winding up order against them, when the bailiffs turned up they paid together with all the additional costs. I appreciate that it's extra inconvenience but well worth putting your insurers in their place.

 

[Yorkie]

Is car insurance not meant to reinstate you to the position you were in before the accident?