Deprived enjoyment
Discussion
davepoth said:
Binding precedent? Could cause some interesting cases if it is...
I'd not be surprised if the insurance company appeals here, as although I doubt it sets a precedent, the danger of folk thinking so, and dragging even the simplest of cases through the courts must be considered.davepoth said:
Binding precedent? Could cause some interesting cases if it is...
Not really - because most people would get (at least the option for) an "equivalent" loan car while theirs is out of action.The article said:
Despite owning two Aston Martins, a Range Rover and a BMW 5 Series, Gow eventually hired a Mercedes-Benz SLS AMG to drive instead of the McLaren.
Even if you don't drive your car it is still losing value (except in very limited cases eg GT4 or limited production Ferrari). The person in this case could easily be paying £2k a month just owing the McLaren so I can understand with such a high cost he feels he should have the pleasure of driving something equivalent.
Likes Fast Cars said:
Magic919 said:
I'm not sure we can afford the cost of everyone claiming a like for like hire car.
Isn't this a provision in a lot policies? The policies are costed and charged based on the provisions of the policy and the risk the insurer is taking on, therefore they can afford it.TooMany2cvs said:
The tractor driver's insurance priced his policy on the basis he might hit a McLaren, and they might have to pay for hiring an SLS...?
Fair comment, I was referring to policies in general, for cars (not the tractors!), I suppose in future they insurance co's will start to look at the number of supercars located near farmers and price the policy (r exclude) accordingly. Likes Fast Cars said:
TooMany2cvs said:
The tractor driver's insurance priced his policy on the basis he might hit a McLaren, and they might have to pay for hiring an SLS...?
Fair comment, I was referring to policies in general, for cars (not the tractors!)Likes Fast Cars said:
I suppose in future they insurance co's will start to look at the number of supercars located near farmers and price the policy (r exclude) accordingly.
It's a good job that cars, in general, stay exactly where they're insured, and don't move around the country much. I can't imagine people near That London (where most supercars are, of course) will be too thrilled at having a supercar-proximity hike in their premiums.The equivalency bit is what I find interesting. If someone crashes into my Scimitar GTC am I entitled to hire an equivalent and claim of their insurance? A lot of the enjoyment I get from driving it is that it's a classic. So can I go and hire a Triumph Stag at £160 a day rather than say a modern BMW 3 Series at £75 a day?
plasticpig said:
The equivalency bit is what I find interesting. If someone crashes into my Scimitar GTC am I entitled to hire an equivalent and claim of their insurance? A lot of the enjoyment I get from driving it is that it's a classic. So can I go and hire a Triumph Stag at £160 a day rather than say a modern BMW 3 Series at £75 a day?
When somebody hit my Saab 900T16 a few years ago, I was told by the insurance that the equivalent was a diesel Golf.I suspect your likelihood of success is in direct proportion to the cost of the barrister you're willing to hire.
plasticpig said:
The equivalency bit is what I find interesting. If someone crashes into my Scimitar GTC am I entitled to hire an equivalent and claim of their insurance? A lot of the enjoyment I get from driving it is that it's a classic. So can I go and hire a Triumph Stag at £160 a day rather than say a modern BMW 3 Series at £75 a day?
I guess the point in the case featured is that he was driving the car for fun, not out of necessity, so on that basis the answer to your question must be yes.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff