Insurance advise needed, please

Insurance advise needed, please

Author
Discussion

GoneAnon

Original Poster:

1,703 posts

152 months

Wednesday 29th October 2014
quotequote all
One of my cars was destroyed in May this year when the bodyshop it was in burnt down.

The bodyshop insurer initially offered (via the bodyshop) £300 which I rejected.

Several months passed and the bodyshop came back to ask for invoices and I provided these woth about £8000.

Another couple of months passed and the bodyshop owner called today to say the insurer had upped their offer to £850, which I have again rejected.

The insurer disputes the condition of my car but they had the wreckage cleared and destroyed with no reference to me. I've asked if they think I would have spent all that money and booked a full respray on a shoddy example?
He said the insurer claims that Ford sold a batch of new XR4i bodyshells in 2012 for £450. I've said I'll take two of those in settlement instead.
He also says that the insurer believes I should have had the car insured myself if I was looking for a proper payout based on value, but he had my car there for an EXTREMELY long time.
He asked what I WOULD accept, and I told him decent examples start at £3500 so I'll start there, even thoughI don't expect to get a car as solid or modified as mine for anything like that. He doesn't think they will go for that but will go back to them.


The advice I need is:
SHOULD I have maintained my own policy on the car, or was it reasonable to expect the bodyhop to cover the car while it was in their care?
Should theinsurer have contacted me before removing what was left of my car? (To be clear, it was destroyed and there is no way it could be repaired)
Is there any reason why I should not be able to deal directly with his insurer? I don't know who the insurer or the broker is and I recognise that we have no contract between us.
If we remain so far apart on valuation, how do we reach a settlement?

Thanks in advance for any information,

davepoth

29,395 posts

199 months

Wednesday 29th October 2014
quotequote all
You should have retained a policy. I have fire and theft on my project, and an agreed value, which does give peace of mind.

You'll just need to keep arguing with the insurer. In the mean time, keep scouring classified ads, ebay, even ask the owners' clubs, for the value of vehicles in a similar condition to your one. You can throw those at the insurer, and then at the judge if it gets that far.

One thing that confuses me is that you have had no contact with the insurer yourself. I have a feeling (someone who knows more about it will be along shortly) that the claim would be dealt with by the insurer rather than the bodyshop owner...

Mr Taxpayer

438 posts

120 months

Thursday 30th October 2014
quotequote all
http://www.adviceguide.org.uk/wales/consumer_w/con...

Advice from CAB above.
This from Which is much more comprehensive.

http://www.adviceguide.org.uk/wales/consumer_w/con...

I would expect the garage/bodyshop to have insurance to cover customers' cars on the premises for repair. See if you can attract the attention of LoonR1; he works in the motor insurance industry. This is slightly outside motor insurance because although it a car that's lost you're in the world of comercial property insurance. You are in the same position as if Curry's had lost you're TV or a watch/clock put into a horologist.

catman

2,490 posts

175 months

Thursday 30th October 2014
quotequote all
I have a feeling that you're having your leg pulled on this. I'm pretty sure that the Insurer would deal with you directly.

I don't think that the body shop owner is dealing with an Insurance company at all, and is trying to fob you off.

Why would he care how much the Insurer wanted to pay you? I'd be asking for proof of Insurance and contact them myself.

Tim

V8forweekends

2,481 posts

124 months

Thursday 30th October 2014
quotequote all
GoneAnon said:
The advice I need is:
SHOULD I have maintained my own policy on the car, or was it reasonable to expect the bodyhop to cover the car while it was in their care?
Yes contrary to popular belief, handing a car to a trader,garage etc while they do some work on it doesn't make them automatically 100% responsible for anything and everything that may happen to it - because sometimes st happens that is nobodies fault.
GoneAnon said:
Should theinsurer have contacted me before removing what was left of my car? (To be clear, it was destroyed and there is no way it could be repaired)
I am less sure about this - but it would seem reasonable.
GoneAnon said:
Is there any reason why I should not be able to deal directly with his insurer? I don't know who the insurer or the broker is and I recognise that we have no contract between us.
Most reasonable insurers would speak to you - maybe there isn't one (an Insurer) in this case.
GoneAnon said:
If we remain so far apart on valuation, how do we reach a settlement?
You could try suing the bodyshop for the value of the car but I don't imagine it'd be easy.

photosnob

1,339 posts

118 months

Thursday 30th October 2014
quotequote all
Stick in a claim on MCOL against the garage for £whatever.

If he has involved insurance they will take over and want to deal soonish. If he hasn't he will probably start crapping himself.

Jimmyarm

1,962 posts

178 months

Thursday 30th October 2014
quotequote all
It isn't unusual for the insured (body shop) to want to deal directly with customers in situations like this, some businesses would rather the insurer didn't contact their customers directly.

The Insurer will cover this assuming that the body shop has the cover in force.

Your next step should be to ask him for the insurers contact details and the claim reference number so that you can speak to them directly.

If he won't or can't provide those details you have an issue.

GoneAnon

Original Poster:

1,703 posts

152 months

Thursday 30th October 2014
quotequote all
Thanks guys. I'll wait and see what the response is this time and then ask for the insurer's details.