Insurance claim and third party liability |
Insurance claim and third party liability |
Thu, 15 Aug 2019 - 11:55
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#1
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Member Group: Members Posts: 64 Joined: 15 Aug 2019 Member No.: 105,250 |
Firstly sorry this is not related to a motoring offence but I know there are some knowledgeable folk on here may be able to shed some light.
Had an RTC in which I was non-fault, other party has already admitted liability. My car is written off. Valuation for round figures 1500 Percentage deduction for the car being a previous write off. Percentage deduction for retaining the salvage. End result just on a grand. This figure of a grand is enough to buy a replacement car of the same basic type and mileage. However, mine is not only a high spec one but I've also taken some time during its ownership to fix it up and get everything working. The ones I can find for a grand either do not have the same equipment or where they do, my feeling that it won't be fully working. I've had four of these cars so far and its not an unreasonable assumption that they need work after you buy them. I asked my insurer to consider that in order _to be returned to the same position as before the crash_ (which they do say they will do) that I'd need some account given to those remedial jobs. I can do the work myself and was not looking to seek a retail rate for the work. However they say I should work for free? Or have a car which is a lower spec with more faults. I have asked and cannot find myself what specific legislation I can rely upon to compel the other party to act as despite the legal RTA requirement to have TP cover I can't find any specific reference as to what they liability comprises. If it is that the innocent party should be returned to the same position as prior to the crash then I don't feel I am being. If it is market value then I would market the car at the higher price but of course, being that its a good car, I didn't sell it. Market value seems to be something which the insurers rely on but again I cannot find in legislation the bit that causes this to be the defacto position. As a side note I have attempted to appoint the Ombudsman but they can only deal with my underwriter direct and there's a claims management company currently in the middle causing more problems than they're solving so no joy there yet. Plus it would be nice to rely on the legal position where one exists, I'll take it to court myself if I can establish my actual legal position. Thoughts please. |
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Sat, 17 Aug 2019 - 16:11
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#21
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Member Group: Members Posts: 64 Joined: 15 Aug 2019 Member No.: 105,250 |
You could point out to the CM, they are meant to be working for you! Already done, seemed to fall on deaf ears. To their credit after me quoting bits of the post about about but for and negligence as opposed to contract, they have now asked for invoices to the effect of what I'm describing, ie. fixing up the replacement car to be spec'd and working the same as the current one. I've also since been on the lookout for cars for sale and today drove past a manual gearbox car with cloth seats for 2495, obviously not all advert prices are sold prices! |
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Sat, 17 Aug 2019 - 16:11
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Sat, 17 Aug 2019 - 17:46
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#22
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
You seem to be moving forward.
It is unfortunately a negotiation game with the first to blink the loser. TP insurers want to pay out as little as possible. You want as much as possible. When valuing, most insurers work on Glass or CAP guides but the values in those will vary between dealer prices when selling, to part ex and auction values. They will of course pick the lowest but unless you have access to the guides, you have no idea what they could be pushed to..ie the dealer price (if you are really good) Complicate it with that it was a previous write off/rebuild which knocks X off, X being a notional figure often around a third of market value but again depends on buying or selling. Plus the extras and what market value they actually have. Simple if there are special alloys/tyres... if nothing else, ask for your old ones back as part of the settlement. Less simple with things like Cruise Control, which may be important to you and have a value to reinstate but meaningless for market value on an older vehicle. You can imagine the conversation if you were selling.... "it's got CC, that puts 500 quid on the price".... "Not to me it don't, knock the 500 off or I'll go and buy the one down the road without CC" Put prices on what you can, justify them, negotiate. |
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