Non-Fault Accident, Lapsed MOT

[rambo19]

Got hit from behind 2 yrs ago, my MOT had ran out, got paid out full value.

[catman]

Dacouch, thanks for your continued support, it's really appreciated, and very helpful.

Tim

[catman]

Tesco were told that Albany's help wasn't required. An Engineer is due to look at the car within 2 days, but my relative is already being told that the car's a write-off by Tesco.

They mentioned taking the car away to storage, but were told that wouldn't happen until a settlement was agreed.

Tim

[lord trumpton]

catman said:

Tesco were told that Albany's help wasn't required. An Engineer is due to look at the car within 2 days, but my relative is already being told that the car's a write-off by Tesco.

They mentioned taking the car away to storage, but were told that wouldn't happen until a settlement was agreed.

Tim

Ahhh, the old 'Engineer' title huh?

I'll bet the 'Engineer' isn't a proper, degree and masters CEng. It will be some ragarse who used to be a panel beater (nothing wrong with panel beaters - very skilled etc etc) but due to a bad back has come off the tools and been trained on how to asses a vehicle and bargain down the repair times of the approved bodyshop so they end up cutting corners to make money.

[catman]

Quite possibly. I'm rather surprised at their apparent keenness to write the car off though.

Tim

[dacouch]

Did you try ringing the other Insurers?

[catman]

My relative phoned Tesco, mainly to complain about being fobbed off with Albany. They then mentioned that an Engineer had tried to contact him today, re inspecting his car as soon as possible.

I don't think that he was expecting Tesco to have acted so fast and he has gone along with Tesco's plan for now. They also asked whether he would want to buy the car back if it is a write-off.

He said that the other Insurer had left a voicemail asking him to contact them and I've said that it wouldn't hurt to find out what they want.

Thanks

Tim

[catman]

The tp Insurer agreed to hire a car via Enterprise, as they knew that Albany were on the scene. My relative asked for a small hatchback, instead of a like-for-like car.

Enterprise then wanted to charge £150 per scratch, or a daily waiver charge, which my relative refused to pay. The Insurer also refused to pay, not seeming to grasp that they were saving possibly £175 a day anyway.

They relented when told that he would go back to Albany for a car. The Assessor has looked at the damage and commented on how good the condition of the car is, and how few miles it's done.

He said that he would go and research the cost of repair and make a decision on what happens next.

Tim

[dacouch]

Sounds like good news.

Please keep us updated as the claim has unusual elements that may help other readers who are in a similar position and google it.

[catman]

Hi, yes I'll come back with any up-dates. It's the least I can do after all the help We've received.

I think that quite a few readers on Pistonheads have learned a lot about the legalities of this situation already!

Thanks

Tim

[catman]

The car's a write-off. I guess we'll have the usual valuation dance now.

Tim

[dacouch]

Read this link a couple of times as it explains how your Insurer should value your car, as you've seen with the MOT issue they may not follow it correctly.

You may find the link helps you achieve a higher valuation http://www.financial-ombudsman.org.uk/publications...

Edited by dacouch on Wednesday 29th October 17:35

[catman]

Hi Dacouch, that's really helpful!

Thanks

Tim

[catman]

Just a small up date. My Son received a very low offer from his Insurer, so his case is currently with the Ombudsman. He's been told to expect a three to four month wait, as they're very busy!

He has been paid the "final offer" as an interim payment, until the case is settled.

Tim

[Welshbeef]

catman said:

Just a small up date. My Son received a very low offer from his Insurer, so his case is currently with the Ombudsman. He's been told to expect a three to four month wait, as they're very busy!

He has been paid the "final offer" as an interim payment, until the case is settled.

Tim

Not good especially at this time of year.

Fingers crossed he gets the funds needed to return the car to its previous condition.

[catman]

Hi, He's decided not to keep the car, so will be looking for a replacement in the near future.

Tim

[dacouch]

catman said:

Just a small up date. My Son received a very low offer from his Insurer, so his case is currently with the Ombudsman. He's been told to expect a three to four month wait, as they're very busy!

He has been paid the "final offer" as an interim payment, until the case is settled.

Tim

Did you send a polite and well worded "Official Complaint" to Tesco referring to the Ombudsman and if so what was their reply?

Was the offer low due to the lack of MOT or was it due to the way they were valuing the car overall?

[catman]

dacouch said:

Did you send a polite and well worded "Official Complaint" to Tesco referring to the Ombudsman and if so what was their reply?

Was the offer low due to the lack of MOT or was it due to the way they were valuing the car overall?

Hi Dacouch, My Son was told by Tesco that he'd have to go to the Ombudsman, as he'd rejected their final offer.

It did seem a little "Mickey Mouse" how they valued the car, as they were quoting magazine prices to him. Almost the first one that they mentioned was for the exact amount that he was asking for, so they ignored that and found another that fitted what they wanted to pay.

Their Valuer commented positively on the condition of the car too. The MOT hasn't been mentioned.....

Tim

Tim

[dacouch]

catman said:

Hi Dacouch, My Son was told by Tesco that he'd have to go to the Ombudsman, as he'd rejected their final offer.

It did seem a little "Mickey Mouse" how they valued the car, as they were quoting magazine prices to him. Almost the first one that they mentioned was for the exact amount that he was asking for, so they ignored that and found another that fitted what they wanted to pay.

Their Valuer commented positively on the condition of the car too. The MOT hasn't been mentioned.....

Tim

Tim

Have you discussed the matter with the Ombudsman?

I ask as normally they cannot accept a complaint until the proper channels have been followed eg by sending an Official Complaint which gives the Insurers to properly investigate the matter and generally it's reviewed by someone with a more independent eye who understands their obligations re the Ombudsman properly.

The FOS will often send over a complaint for you, did they do this?

The link I provided gives you the ammunition to defeat them and will be what the FOS refer to when ascertaining the correct value of the vehicle http://www.financial-ombudsman.org.uk/publications...

You may be able to screw some additional compensation out of Tesco for the way the claim was handled and / or loss of use http://www.financial-ombudsman.org.uk/publications...

http://www.financial-ombudsman.org.uk/publications...

With regard to the way they valued it, the FOS does not regard magazine or other adverts to be an indication of the value of the car as these are regarded at the price the seller is willing to start negotiating down from. The link explains that they use the pricing guides eg Glass's or Cap or Parkers. I assume there must be a difference between the values these guides give. If this is the case the link also explains how they arrive at a value in such a case eg averaging the value and / or disregarding one of the values if it's out of kilter with the other guides.

This can greatly help you arrive at a higher value than the Insurer has offered.

Thanks for updating us, keep the thread updated and post up if you need any more advice from PH posters

[catman]

Hi, yes We read the FOS links on valuation, which you kindly provided previously, so we understand how they arrive at a value, compared to the Insurer.

I understand that there was only a tiny difference between their initial and final offers, after my Son complained about the valuation.

Tesco confirmed in writing that their offer was final and to go to the Ombudsman, as my Son had told them that their offer wasn't realistic.

It's being taken care of by the Ombudsman now, so I'll keep you advised of any further developments, but it may be a while!

Thanks

Tim